Peter C. Cruz v. The Honorable Paul J. Abbate, and the People of the Territory of Guam, Real Parties in Interest-Appellees

Facts

Petitioners are defendants in four separate criminal cases pending in the Superior Court of Guam. Each petitioner moved respondent, the Presiding Judge of the Superior Court, for random assignment of his case to one of the court’s seven judges (including one pro tem judge). The Guam Code of Civil Procedure does not specify a method for the assignment of cases; it merely directs the Presiding Judge to accomplish the task. Guam Civ.Pro.Code § 85 (Supp.1984). Respondent’s method is simple: he assigns each case to the judge of his choice. Petitioners claimed that this method was, or at least gave the appearance of being, arbitrary and unfair, and should be replaced by a random assignment system. Respondent struck the motions as frivolous, refusing to alter his practice.

Petitioners then sought a writ of mandamus in the appellate division of the district court of Guam directing respondent to adopt random assignment or a similar method. Under 48 U.S.C. § 1424-3 (Supp. III 1985), the district court of Guam has appellate jurisdiction over the local Guamanian courts. Respondent moved to dismiss the petition for failure to state a claim upon which relief could be granted. The…