About the Panel

What the Private Attorney Panel does

Court-appointed representation for indigent persons in Guam when a conflict of interest prevents every other public-defense division from taking the case.

The right to counsel, guaranteed

The right to counsel — guaranteed to every person under the Organic Act of Guam and the Sixth Amendment — does not bend to conflicts of interest. When the Public Defender and Alternate Public Defender are both conflicted out, an indigent person could be left without a lawyer. The PAP exists to close that gap.

Independent, qualified advocates

Panel attorneys are licensed Guam practitioners who meet qualifications set by the Corporation's Board. Because they are independent of the other divisions, they can represent clients those offices cannot.

When the panel is appointed

Assignment is by court appointment only — there are no walk-ins. The court determines indigency — typically through a sworn financial declaration — and either appoints the panel directly or refers a case when the first two divisions are both conflicted, in the Superior or Supreme Court of Guam.

A division of the Corporation

The PAP is one division of the Public Defender Service Corporation, operating under the Public Defender Service Corporation Act of 2025 (P.L. 38-048), 12 GCA Chapter 11 — which placed Guam's right-to-counsel services under a single independent board aligned with national Sixth Amendment standards.

Where the panel fits

Guam's three tiers of indigent defense

Cases flow through three independent tiers so that a conflict of interest never leaves a defendant without counsel.

Tier 1 · Primary

Public Defender

The Public Defender Service Corporation handles the majority of indigent cases as primary counsel.

Tier 2 · Secondary

Alternate Public Defender

Takes cases where the Public Defender has a conflict of interest, providing a second independent office.

Tier 3 · Tertiary

Private Attorney Panel

When both the Public Defender and Alternate Public Defender are conflicted, qualified private attorneys on the panel are appointed.

Alongside the panel, the Corporation also operates the Public Defender, Civil Law, and Administration divisions — but only the Private Attorney Panel is staffed by independent private attorneys rather than Corporation employees.