PDSC Services
The incorporating statute of the Public Defender Service Corporation (12 GCA Chapter 11), provides that the Corporation will handle criminal and civil cases as follows:
11104. Duties: Criminal Cases. It shall be the duty of the Corporation to defend indigent persons charged in criminal cases before the courts of Guam. The determination as to whether a defendant is indigent and whether the case is to be referred to the Corporation shall be at the discretion of the judge before whom such defendant is appearing. The Corporation may assist the judges of the courts of Guam in ruling on cases of indigence and in establishing criteria for determining when the services of the Corporation are appropriate.
11105. Same: Civil Matters. The Corporation shall render legal aid and assistance to those persons in Guam, who, under rules established by the Corporation, are in need of legal assistance and representation and who are unable to afford an attorney in private practice. The Corporation shall not compete with attorneys engaged in the private practice of law in Guam and shall give legal assistance in civil matters only to those who would otherwise not receive such assistance.
As can be seen from both these definitions, there is some discretion left as to whom the Public Defender Service Corporation may represent. In criminal matters that discretion lies with the courts, and in civil matters it lies with the Board of Trustees which has authority to determine, among other things, client eligibility rules.
The attorneys carry a caseload of all types of cases that the Public Defender Corporation may handle. All the attorneys represent clients in court.
All the attorneys zealously represent their clients whether defendants or plaintiffs. Attorneys handle primarily defense of criminal cases as the Office of Public Defender is court appointed on these types of cases.
Victims are always entertained and their rights as victims respected during our representation of criminal defendants. However, the interests of the criminal defendant client must be paramount.
The mission of the Public Defender Service Corporation as seen by its attorneys and staff is "to provide quality legal assistance in criminal and civil matters together with compassion and understanding."
Attorneys employed by the Public Defender Service Corporation have the obligation in criminal matters as set in the Guam Code of Criminal Procedure, 8 G. C. A. § 45.30 and 45.40. Under those provisions if the court finds that a person is financially unable to employ counsel, the Public Defender Service Corporation will be appointed for the defendant unless the Public Defender Service Corporation declines the appointment due to a conflict or other appropriate reason. The same rule applies to appointments for juveniles or other individuals in juvenile matters.
The court also has the power to appoint the Public Defender Service Corporation in certain civil and domestic matters such as assigning counsel as guardian ad litem in child or adult abuse cases, child custody situations and guardianships and counsel who may be appointed for persons charged with criminal contempt in civil and domestic matters. These appointments arise out of the inherent powers of the court and are covered by court rules regarding appointment of counsel in non-criminal matters.
The District Court of Guam has appointed Public Defender Service Corporation attorneys as counsel in federal matters within the discretion of that court. Again the Public Defender Service Corporation is obligated to appear by order of that court. Public Defender attorneys would only be appointed by the Federal Court as defense counsel in criminal cases as part of the Criminal Justice Act Panel (CJA Panel).
The Board of Trustees, which governs the Public Defender Service Corporation, has adopted rules which are now in effect and will continue to be in effect until they are rescinded by the Board. The Board has the power to place a moratorium on types of cases we take. A moratorium is currently in effect for non-court appointed domestic and civil matters. Exceptions are guardianships for medical or school purposes and Domestic Violence Restraining Orders.
At present the Public Defender Service Corporation has one federal grant, under the STOP Violence Against Women program, working with female and male victims of domestic violence. Under that grant, the office has funding for a program assistant who essentially is a legal secretary and paralegal rolled into one position. The only matching that the Public Defender Service Corporation is required to do is through in- kind services. This includes providing attorney time to represent these persons by drafting legal documents for them and appearing for them in court, and by providing some accounting time to assist in preparing the necessary fiscal documents in connection with the grant.
In the Domestic Violence Cases under the Stop Violence Grant, the Public Defender Attorney represents the victim exclusively and protects him/her from the adverse party/defendant.
