UPDATE: The Office of the Attorney General (AG) has launched a lawsuit against the Leon Guerrero administration, accusing it of unlawfully withholding payments for contracted attorneys handling critical legal work for the government of Guam. This urgent development could impact the legal services essential for the welfare of island residents.
Attorney General Douglas Moylan filed the suit in Guam Superior Court on October 16, seeking a court order to compel the administration to pay outstanding fees amounting to nearly $50,000. The AG’s petition highlights contracts with attorneys including William Pole and the firm Consovoy McCarthy PLLC. Moylan asserts that the refusal to pay these lawyers jeopardizes the provision of “mission-critical services” to the people of Guam.
The legal battle escalated after months of contention between Moylan and Governor Lou Leon Guerrero and Department of Administration Director Ed Birn. Moylan claims that the administration has consistently interfered with his office’s ability to hire and compensate legal counsel, threatening the legal protections of taxpayers and the integrity of ongoing cases.
In a media release, Moylan stated, “This Governor for months now has ‘messed’ with the Attorney General being able to hire and pay for attorneys to serve our client.” He emphasized that the situation puts at risk the legal representation necessary for prosecuting cases and safeguarding public funds.
The AG’s petition is particularly notable for its request that the court declare the administration’s refusal to authorize payments as an unlawful withholding of a ministerial duty. The documents also reveal that the contracts at the center of the dispute were purportedly secured in accordance with Guam law, countering the administration’s claims of illegality.
In correspondence revealed in court filings, the governor’s legal team previously described contracts with Pole and others as part of an estimated $1.5 million in illegal agreements secured by Moylan’s office. Despite these allegations, no formal action has been taken by the administration to pursue criminal charges against the AG.
The conflict intensified following a June 16 email from Deputy Attorney General Lee Miller to Adelup legal counsel Jeffrey Moots, submitting contracts for review and requesting the governor’s approval. Following a court ruling that required the governor’s signature on such contracts, Miller’s office expressed ongoing disagreement with the ruling but complied with requests for approval.
As of October 22, the AG’s office threatened legal action if payments were not processed, underscoring the urgent need for resolution. Miller argued that the legal services provided by contracted attorneys are vital for fulfilling the office’s responsibilities.
Adelup officials, while not commenting on the ongoing litigation, maintain that the contracts are invalid, citing a lack of proper procurement files and asserting that Guam law restricts the AG’s ability to contract for regular legal work. This ongoing dispute adds another layer to the already strained relationship between Moylan’s office and the administration, which has been marked by previous legal conflicts, including issues surrounding the Mangilao hospital project.
Moylan has also called on lawmakers to take action, suggesting they defund the governor’s legal counsel and hold an oversight hearing on the Department of Administration. The situation remains fluid, and all eyes are on the Guam Superior Court as the case unfolds.
As this legal saga continues, the impact on public services and the governance of Guam is becoming increasingly pronounced. The AG’s office is urging immediate attention to ensure that legal representation is not hindered, emphasizing the broader implications for the island’s governance and community welfare.
Stay tuned for updates as this situation develops in Guam’s evolving legal landscape.
