Overview: Bill B 61-38, "AN ACT TO ADD A NEW CHAPTER 36, RELATIVE TO ESTABLISHING THE OFFICE OF THE ELECTED PUBLIC PROSECUTOR, AND TO REPEAL §§ 30104 AND 30104.1, AND AMEND §§ 30102 AND 30109, ALL OF CHAPTER 30, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO RESTORING THE APPOINTED OFFICE OF THE ATTORNEY GENERAL."
Purpose and Intent: The main goals of this bill are to create an elected Office of the Public Prosecutor and restore the appointed Office of the Attorney General on Guam. This is intended to separate the prosecutorial and legal advisory functions of the government and provide more independence and accountability for the public prosecutor.
Key Provisions:
- Adds a new Chapter 36 to establish the elected Office of the Public Prosecutor
- Repeals §§ 30104 and 30104.1, which previously combined the roles of Attorney General and Prosecutor
- Amends §§ 30102 and 30109 to restore the appointed Office of the Attorney General
Affected Parties and Impacts:
- The public prosecutor will be an elected position, providing more direct accountability to voters
- The Attorney General will return to an appointed position, serving as the chief legal advisor to the government
- The separation of prosecutorial and legal advisory functions is intended to improve government transparency and the administration of justice
Procedural and Timeline Considerations:
- The bill has been introduced in the 38th Guam Legislature
- If passed, the new elected public prosecutor position would be established, and the Attorney General's office would be restored, with the first elected public prosecutor to be chosen in the next general election
