Selection Fields
Legislative Intent
7 Guam Code Section 22102. Declaration of Policy.
It is the policy of the territory of Guam that all persons selected for jury service be selected at random from a fair cross section of the population of the Territory, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury service on grand or petit juries, in this Territory and an obligation to serve as jurors when summoned for that purpose.
Definitions
7 Guam Code Section 22101. Definitions.
As used in this Chapter:
(a) Clerk and clerk of the court include any deputy clerk;
(b) Court means the Superior Court of Guam, and includes, when the context requires, any judge of the court;
(c) Jury Wheel means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors;
(d) Master Jury Wheel means the jury wheel in which are placed names or identifying numbers of prospective jurors taken from the master list;
(e) Master List means the voter registration lists which shall be supplemented with names from other sources prescribed pursuant to this Chapter in order to foster the policy and protect rights secured by this Chapter;
(f) Name when used in connection with prospective jurors, includes identifying numbers of the jurors;
(g) Physical disability means a physical impairment which substantially limits one or more of a person's major life activities;
(h) Qualified jury wheel means the jury wheel in which are placed the names of prospective jurors drawn at random from the master jury wheel who are not disqualified; and
(i) Voter registration list means the official record of persons registered to vote in the most recent general election.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
7 Guam Code Section 22112. Master list.
(a) The clerk shall compile a master list. The master list shall consist of the vote registration list for the Territory, which may be supplemented with names from other lists of persons resident therein such as lists of property taxpayers, utility customers, and drivers' licenses which the court from time to time designates. Additionally, any person whose name may not appear on any list used in the compilation of the master list may request the clerk to place his name on the master list, and the clerk shall comply with such request if he finds the person qualified to serve as a juror.
(b) Whoever has custody, possession, or control of any of the lists which are to be used in compiling the master list, shall make the list available to the clerk for inspection, reproduction, and copying at all reasonable times.
7 Guam Code Section 22113. Master Jury Wheel.
Each year the clerk shall, by random selection, place in the master jury wheel the names of prospective jurors taken from the master list, in such number as the court determines should be processed in order to provide the number of jurors required for the ensuing year. The clerk shall make the random selection of names as follows: One out of every ten (10) names from the master list shall be selected by first selecting a starting number, by chance, between one and ten, and every tenth name thereafter shall be selected. From time to time an additional number may be ordered by the court to be placed in the master jury wheel. The master jury wheel shall be emptied and refilled between July 1 and September 1 of every year.
7 Guam Code Section 22102. Declaration of Policy.
It is the policy of the territory of Guam that all persons selected for jury service be selected at random from a fair cross section of the population of the Territory, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury service on grand or petit juries, in this Territory and an obligation to serve as jurors when summoned for that purpose.
7 Guam Code
Section 22113. Master Jury Wheel.
Each year the clerk shall, by random selection, place in the master jury wheel the names of prospective jurors taken from the master list, in such number as the court determines should be processed in order to provide the number of jurors required for the ensuing year. The clerk shall make the random selection of names as follows: One out of every ten (10) names from the master list shall be selected by first selecting a starting number, by chance, between one and ten, and every tenth name thereafter shall be selected. From time to time an additional number may be ordered by the court to be placed in the master jury wheel. The master jury wheel shall be emptied and refilled between July 1 and September 1 of every year.
7 Guam Code Section 22115. Qualified Jury Wheel.
Upon return of the juror qualification forms, the clerk shall select for jury service all those persons whom he believes are qualified and not exempt; provided, that any person who is exempt may be selected if he waives his exemption. The names of the persons so selected shall be placed in the qualified jury wheel, to be used in compiling lists of jurors subject to service during the ensuing year; provided that the clerk may, with the approval of the court, excuse a prospective juror for any cause set forth under § 22107, in which case the name of such excused person shall not be placed in the qualified jury wheel.
Drawing of juror names from list
7 Guam Code Section 22116. Selection and Summoning of Jury Panels.
(a) From time to time, the clerk shall draw at random from the qualified jury wheel such number of persons as may be required for assignment to grand and petit jury panels. The clerk shall prepare a separate list of names of persons assigned to each grand and petit jury panel. When the court orders a grand or petit jury to be drawn, the clerk shall issue summonses for the required number of jurors and deliver them to the Marshal for service.
(b) Each person drawn for jury service shall be served personally or by mail addressed to such person at his usual residence or business address. Such service shall be made by the Marshal who shall attach to his return the addressee's receipt for registered or certified mail where service is made by mail.
(c) A juror who willfully or without reasonable excuse fails to attend after service of a summons in accordance with this Section may be ordered to be arrested by the court and may be punished for contempt.
Procedure for Summoning Jurors
7 Guam Code Section 22114. Juror Qualification Form.
(a) The clerk shall prepare an alphabetical list of the name in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court. The clerk shall have delivered to every person whose name appears on such list a juror qualification form accompanied by instructions to fill out and return the form by mail or in person to the clerk within ten days after its receipt. The form shall be subject to approval by the court as to matters of form and shall elicit the name, address of resident, age of the prospective juror, other information pertinent to disqualification or exemption from jury service and such other matters as may be ordered by the court. The form further shall contain the prospective juror's declaration that his responses are true to the best of his knowledge and his acknowledgement that a willful misrepresentation of material fact may be punished by a fine of not more than $ 500 or imprisonment for not more than thirty days, or both. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the form, another person may do it for him and shall indicate that he has done so and the reason therefor. Upon failure or refusal of any person duly receiving the juror qualification form to complete and return it as required, or in case of an omission, ambiguity, or error in a return form, the court, after first summoning the person to appear before the clerk to complete or correct the form, may punish the person for contempt.
(b) At the time of his appearance for jury service, or at the time of any interview before the court or clerk, any prospective juror may be required or permitted to fill out another juror qualification form in the presence of the court or clerk, at which time the prospective juror may be questioned, but only with regard to his responses to questions contained on the form and grounds for his exemption, excuse or disqualification. Any information thus acquired by the court or clerk shall be noted on the juror qualification form.
(c) The clerk may in his discretion, by court process, summon prospective jurors before him for examination.
(d) Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror is guilty of a petty misdemeanor.
History
Prohibition of Discrimination Against Jurors
7 Guam Code Section 22103. Prohibition of Discrimination.
A citizen shall not be excluded from jury service in the courts of Guam on account of race, color, religion, sex, national origin, economic status, or on account of a physical disability except as provided in § 22105(e) of this Chapter.
Qualifications
7 Guam Code Section 22114. Juror Qualification Form.
(a) The clerk shall prepare an alphabetical list of the name in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court. The clerk shall have delivered to every person whose name appears on such list a juror qualification form accompanied by instructions to fill out and return the form by mail or in person to the clerk within ten days after its receipt. The form shall be subject to approval by the court as to matters of form and shall elicit the name, address of resident, age of the prospective juror, other information pertinent to disqualification or exemption from jury service and such other matters as may be ordered by the court. The form further shall contain the prospective juror's declaration that his responses are true to the best of his knowledge and his acknowledgement that a willful misrepresentation of material fact may be punished by a fine of not more than $ 500 or imprisonment for not more than thirty days, or both. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the form, another person may do it for him and shall indicate that he has done so and the reason therefor. Upon failure or refusal of any person duly receiving the juror qualification form to complete and return it as required, or in case of an omission, ambiguity, or error in a return form, the court, after first summoning the person to appear before the clerk to complete or correct the form, may punish the person for contempt.
(b) At the time of his appearance for jury service, or at the time of any interview before the court or clerk, any prospective juror may be required or permitted to fill out another juror qualification form in the presence of the court or clerk, at which time the prospective juror may be questioned, but only with regard to his responses to questions contained on the form and grounds for his exemption, excuse or disqualification. Any information thus acquired by the court or clerk shall be noted on the juror qualification form.
(c) The clerk may in his discretion, by court process, summon prospective jurors before him for examination.
(d) Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror is guilty of a petty misdemeanor.
Disqualifications
7 Guam Code Section 22105. Grounds of Disqualification.
A prospective juror is disqualified to serve as a juror if he:
(a) is not a citizen of the United States;
(b) is not at least eighteen years old;
(c) has not resided for a period of at least one year within Guam;
(d) is unable to read, write, speak, and understand the English language;
(e) is incapable, by reason of his physical or mental disability, of rendering satisfactory jury service; but a person claiming this disqualification may be required to submit a physician's certificate as to the disability, and the certifying physician is subject to inquiry by the court at its discretion; or
(f) has been convicted of a felony in a state, territorial or federal court and has not been pardoned.
7 Guam Code Section 22106. Disqualification by Interest.
No person shall sit as a juror in any case in which his relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the juror has, either directly or through such relative, any pecuniary interest.
Excusal or Exemptions
7 Guam Code Section 22107. Exempt When.
A person may claim exemption from service as a juror if he or she is:
(a) a member in the active service of the armed forces of the United States;
(b) an elected official, or a judge, of the United States or the Territory of Guam;
(c) an actively engaged member of the clergy;
(d) an actively practicing attorney, physician, dentist, or registered nurse;
(e) a member of the Fire or Police Department, or an employee of a government contractor engaged in providing internal security or fire protection for such contractors;
(f) a person who has served as a juror, either in the Superior Court or the United States District Court of Guam, within two (2) years preceding the time of filling out the juror qualification form;
(g) over sixty-five years old; or
(h) any woman who is breastfeeding, but only if the child receives nourishment exclusively from breastfeeding and the woman is able to present a medical attestation from a physician, a Certified Lactation Counselor (CLC), or an International Board Certified Lactation Consultant (IBCLC) to such fact.
7 Guam Code Section 22108. Excused When, for Cause.
A juror shall not be excused by the court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, or that for other good cause he should be excused either temporarily or otherwise.
Limited Frequency of Jury Service
N/A
Who handles excusals is prescribed?
**The judge**
7 Guam Code Section 22117. Requests for Exemption or Excuse.
If a person who is exempt or who believes himself to be entitled to be excused from jury duty, is summoned as a juror, he may, even though he did not request exemption or excuse previously, or was not exempted or excused by the clerk, make his request for exemption or excuse to the judge of the court for which he is summoned. The request may be made to the clerk, who shall deliver it to the judge and if sufficient in substance it shall be received as an excuse for nonattendance in person.
Deferral/Postponement of jury service allowed
N/A
Number of petit jurors for jury trial is prescribed?
N/A
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