Moylan V, 2018 Guam 21 ¶ 7 (citing Peoplev. San Nicolas, 2016 Guam 21 ¶ 9). We review the appointment of a particular guardian for abuse of discretion.
Taitano v. Lujan, 2005 Guam 26 ¶ 21. Guam courts have a duty to police their jurisdiction and power. See People v. Gomia, 2017 Guam 13 ¶ 8; People v. San Nicolas, 2016 Guam 21 ¶ 15; see also Gonzalez v. Thaler, 565 U.S. 134, 141, 132 S. Ct. 641, 181 L. Ed. 2d 619 (2012) ("When a requirement goes to subject matter jurisdiction, courts are obligated to consider sua sponte issues that the parties . . . have not presented."). The jurisdiction of the Superior Court is invoked when a petition or complaint is filed.
While Gomia did not directly challenge the subject-matter jurisdiction of the trial court, jurisdiction is a threshold matter that must be addressed. Without proper jurisdiction, all other arguments regarding the trial court's sentencing are futile. "Subject-matter jurisdiction cannot be forfeited or waived and should be considered when fairly in doubt." Ashcroft v. Iqbal, 556 U.S. 662, 671, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009); see also Gonzalez v. Thaler, 565 U.S. 134, 141, 132 S. Ct. 641, 181 L. Ed. 2d 619 (2012) ("When a requirement goes to subject-matter jurisdiction, courts are obligated to consider sua sponte issues that the parties . . . have not presented."); People v. San Nicolas, 2016 Guam 21 ¶ 15 ("Therefore, in Guam, courts must have subject matter jurisdiction in order to be presented with an indictment.").A. Family Court Act
Katzuta was originally prosecuted by a superseding indictment. RA, tab 36 at 1-3 (Superseding Indictment); see People v. San Nicolas, 2016 Guam 21 ¶ 17 (quoting People v. Flores, 2009 Guam 22 ¶ 18) ("A superseding indictment is an indictment filed before the original or underlying indictment is dismissed."). As such, Katzuta should be entitled to a twelve-person jury if he filed a written request before the start of the first trial or retrial.