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 present 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 Guam 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. DISTRICT COURT OF GUAM STATISTICAL REPORT January 1, 1951 to December 31, 1951 CIVIL United States cases filed 1. Condemnation cases transferred from the 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 (1) Negligence a. Tort actions 6 Unlawful entry Military reservation - 18 USC 1383 1 1 6 3 2 1 1 2 1 1 Narcotic violation 18 USC 3224(c) 1 Total filed Government of Guam cases filed Assault with a deadly weapon Assault and battery and disturbing the peace - Appeal False pretenses 1 Cases disposed of during period Cases pending at close of period Condemnation proceedings activity Stipulations and judgments processed in Clerk's Office Checks drawn and money paid out 3 of 3 ISLAND COURT OF GUAM REPORT OF CRIMINAL CASES Number of cases as of 31 December 1950 Number of cases decided as of 31 December 1951 Number of cases filed from 1 January 1951 to 31 December 1951 Total number of cases pending as of 31 December 1951 1 283 255 29 Assault SUMMARY OF CASES PENDING 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 Exhibit (B) 1 ISLAND COURT OF GUAM REPORT OF CIVIL CASES Number of cases pending as of 31 December 1950 115 362 Total number of cases pending as of 1 January 1952 ....... Number of cases pending as of 31 December 1951 1752 Total number of cases pending as of 1 January 1952 1869 Number of cases pending as of 31 December 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 |
