FOR IMMEDIATE NEWS RELEASE (October 28, 2020 – Hagåtña, Guam)
The Committee on Health, Tourism, Historic Preservation, Land and Justice held a public hearing today on a series of four bills that were introduced by Senator Therese Terlaje at the request of the Judiciary as a means to address the backlog of cases in the courts due to the public health emergency and pandemic. The language and proposed amendments to statutes in Bills 408-35, 409-35, 410-35, and 411-35 were adopted by the Judicial Council of Guam in August of this year and the draft bills were sent to the Legislature on September 23rd.
“In an effort to assist the Judiciary in alleviating its backlog of cases, I introduced these bills with the exact same language as proposed by the Judicial Council and Chief Justice. We learned today that the real root of the backlog issue may be the limitations of the court facilities to safely conduct 12 member jury panels and bring in jurors to conduct voir dire. Based on information from today’s public hearing and concerns from local criminal defense attorneys, I will seek further input on Bills 409, 410, and 411 and ensure that we have exhausted all means available to expand our courtroom facilities and address the concerns raised,” stated Senator Therese Terlaje.
During the public hearing, the Judiciary noted that in conformance with operation restrictions set by Executive Order, it is currently utilizing only one courtroom for 12 person juries due to current health protocols and guidelines, and indicated that renovations on two other large courtrooms are underway and will not be available until December or January. The Judiciary also estimated that it is currently experiencing a backlog on 175 arraignments and 300 criminal cases.
Testimony from the Judiciary and the Office of the Attorney General was in support of all four bills. Attorneys from the Public Defender Service Corporation, Alternate Public Defender, and private firms provided testimony in support of Bill No. 408-35, but opposed Bills 409-35, 410-35, and 411-35 for their potential restrictions on the rights of defendants.
“I appreciate the suggestions shared during the hearing and I am very open to any additional feedback as to how we can help the courts alleviate the backlog they have now or may have going forward. We need to strike a balance between adjudicating and administering justice as efficiently as possible without impeding on individuals’ rights or holding persons in prison longer than necessary, particularly during the pandemic. I welcome the community and all stakeholders to submit input to my Committee until November 6th,” stated Senator Terlaje.
Testimonies may be submitted to the Committee on Justice via the mailroom of the Guam Legislature in the Guam Congress Building, or through email at senatorterlajeguam@gmail.com.