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Law 17 and the probation officer will also be appointed the Federal probation officer as a volunteer since persons on probation will largely be local residents who were convicted of Federal offenses. It is the hope and belief of the Council that the probation system, coupled with a new emphasis on parole, will result in a considerable monetary savings to the Government of Guam aside from the social values incident to rehabilitation rather than punishment.

In connection with probation it is well to mention the problem of Filipino nationals. When a Filipino commits a serious offense he is not allowed to remain in Guam. Consequently the courts have no way to supervise probation. It is necessary to sentence the offender even though he might otherwise be a proper subject for probation. Executive clemency is not the business of the courts and certainly the impression cannot be allowed to arise that deportation is the only penalty for violating the law. It is the view of the Council that deportation is indicated in many of these cases after the prisoner has served part of his sentence and in minor cases the probation officer may be able to have the accused continued in his employment when the accused is not a threat to the community, and can be placed on probation.

9. RECOMMENDATIONS. The following recommendations will be implemented by the Chairman of the Judiciary Committee for consideration by the Legislature but they represent recommendations of the Judicial Council.

(a) Amendment of law to make it clear that seal adopted by District Court is not in conflict with Guam Code.

(b) Authorize probation officer to act as parole officer with authority to supervise parolees, make arrests, etc.

(c) Amend Public Law 17 to provide that in absence of District Judge, Island Judge may set bail or conduct preliminary hearing in connection with local felonies.

(d) Adopt a modern notary public statute looking toward the creation of more notaries public and eliminating necessity that notary must read, write and speak Chamorro. The reason for this proposal is that most notaries public are government employees and not readily available. The existing provisions were designed for a different type situation than that now existing in Guam. The notary must understand the language used in an instrument or spoken by a witness when depositions are taken but in most instances only English is used. By allowing for more notaries public business can be transacted by law offices more expeditiously since they can have a notary in the office and the Island Court will be relieved of a pres. ent tendency to have depositions taken by the clerk of that court.

(e) Provisions for fines in all criminal cases subject to probation. In certain instances the Penal Code makes no provision for both fine and imprisonment. There will be cases when the court will place offenders on probation but believes a fine should be paid as a condition of probation. This recommendation will punish the offender to the extent of the fine and bring revenue to the Government of Guam. Respectfully submitted this 4th day of January, 1952.

The Judicial Council of Gi m
By:
s! Paul D. Shriver
Paul D. Shriver,

Chairman.
s/ Jose C. Manibusan
Jose C. Manibusan,

Vice Chairman.
Attest:
s/ V. B. Bamba,

Acting Secretary.

60 2 4

2

1 1

DISTRICT COURT OF GUAM

STATISTICAL REPORT

January 1, 1951 to December 31, 1951
CIVIL
United States cases filed
1. Condemnation cases transferred from the

Superior Court
2. United States plaintiff
3. United States defendant
4. United States third-party defendant

(Not listed under private cases)
Private cases filed
1. Federal question

a. Treaty of Paris, 1898

b. Public Law 630, 81st Congress
2. Diversity of citizenship
a. Tort actions

(1) Negligence
(2) Assault and Battery
(3) Conversion
(4) Defamation

(5) Malicious prosecution
b. Equity
c. Debt or Contract

d. Partnership accountancy
3. Local Law

a. Equity
b. Contract

Unlawful Detainer
d. Injunction
e. Habeas Corpus - Deportation
f. Certiorari
g. Divorce - Appeal .....
h. Tort - Personal Injury Motor Vehicle

6 1 1 4 1 2 3 4

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5 8 1 1 2 1 1 5

i. Tort - Defamation

2 Total filed

118 Cases terminated on motion or by trial

16 Cases pending at close of period

102 Exhibit “A”

1 of 3
CRIMINAL
United States cases filed -
Attempted assault - 18 USC 113

1 Bribery · 18 USC 201

1 Grand Theft - 18 USC 641

6 Embezzlement - 18 USC 651 .........

3 Theft - 18 USC 661

2 Juvenile Delinquency · 18 USC 661

1 Murder - second degree - 18 USC 1111

1 Unlawful entry - Military reservation 18 USC 1383

2 Misappropriation of postal funds - 18 USC 1711

1 Narcotic violation - 18 USC 2553 (a)

1 Narcotic violation - 18 USC 3224(c)

1 Total filed

20 Government of Guam cases filed Assault with a deadly weapon

2 Assault and battery and disturbing the peace · Appeal

1 Illegal possession of explosives • Appeal

1 False pretenses

1 Forgery

1 Total filed

6 Total all criminal filed

26 Cases disposed of by trial, motion, etc.

18 Cases disposed of under Rule 20 · F.R.C.P.

1 19 Cases pending at close of period

7 2 of 3 Bankruptcy Cases filed - voluntary

1 Cases filed · involuntary

1 Total filed

2 Cases disposed of during period

0 Cases pending at close of period

2 Condemnation proceedings activity

Stipulations and judgments processed in Clerk's Office ..... 1,583
Checks drawn and money paid out

$290,223.41 3 of

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ISLAND COURT OF GUAM

REPORT OF CRIMINAL CASES

Number of cases as of 31 December 1950
Number of cases filed from 1 January 1951 to 31 December 1951
Number of cases decided as of 31 December 1951
Total number of cases pending as of 31 December 1951

1 283 255 29

SUMMARY OF CASES PENDING

Assault
Assault and battery
Assault with a deadly weapon
Burglary, in the second degree
Burglary, with intent to commit a felony
Gambling
Grand theft
Involuntary manslaughter
Non-support of wife and minor children
Operating vehicle while under the influence of liquor
Rape
Reckless driving
Reckless driving causing bodily injury to person
Robbery, in the first degree
Voluntary manslaughter

Total

2 7 3 1 1 1 1 1 2 4 1 2 1 1 1

29

Exhibit (B) 1

ISLAND COURT OF GUAM

REPORT OF CIVIL CASES

115

334

Number of cases pending as of 31 December 1950
Number of cases filed from 1 January 1951

to 31 December 1951
Total number of cases as of 31 December 1951
Number of cases decided from 1 January 1951

to 31 December 1951 Total number of cases pending as of 1 January 1952

449

87 362

SUMMARY OF ACTIONS PENDING AS OF 1 JANUARY 1952

1 16

2 25 51 154

Annulment of deed of conveyance
Annulment of marriage
Assault and Battery
Breach of contract
Damages
Debts
Desertion and Non-support
Determination of conflicting claims real property
Dissolution of partnership
Division of community property
Divorce
Ejectment
Establishing of title
Eviction of premises

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Exhibit (B) 2
Foreclosures of mortgage
Guardian Ad Litem
Legal Separation
Personal injury
Petition for accounting
Petition to set aside deed of conveyance
Quieting title
Recovery of personal property
Rent
Services of an attorney
Slander
Support and maintenance
Theft
Tort
Trespass
Unlawful detainer
Voluntary dissolution
Wages

Total

3 1 3 1 1 1 1 5 3 1 1 5 1 2 1 6 1

4 362

Exhibit (B) 2

ISLAND COURT OF GUAM

REPORT OF PROBATE AND SPECIAL PROCEEDINGS Number of cases pending as of 31 December 1951

1752 Number of cases filed from 1 January 1951 to 31 December 1951

289 Total number of cases as of 31 December 1951 Number of cases decided from 1 January 1951

to 31 December 1951 Total number of cases pending as of 1 January 1952

2041

172 1869

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7

9

Number of cases pending as of 31 December 1951
Number of cases filed from 1 January 1951

to 31 December 1951
Total number of cases as of 31 December 1951
Number of cases decided from 1 January 1951

to 31 December 1951 Total number of cases pending as of 1 January 1952

16

2 14

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