Attorney General Sues Guam Administration Over Legal Fees

UPDATE: The Attorney General of Guam, Douglas Moylan, has filed a lawsuit against the Leon Guerrero administration, claiming the government is unlawfully withholding payment for contracted attorneys who support critical legal functions. This urgent legal battle began with a court petition submitted on October 16, 2023, and seeks immediate court intervention to force the administration to authorize payments.

Moylan’s petition highlights that the administration has blocked payments to several attorneys, including William Pole, with fees totaling $25,520, and Consovoy McCarthy PLLC, owed $20,017.50. The AG argues that these attorneys provide “mission-critical services” for the government, essential for prosecuting cases and safeguarding taxpayer dollars.

In a press 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,” emphasizing the impact of the administration’s actions on the welfare of all villages across Guam.

The controversy escalated when the governor’s office declared that the contracts with these attorneys were illegal, citing a total of $1.5 million in disputed contracts. Lou Leon Guerrero and Ed Birn, the Department of Administration Director, claim that the AG does not have the authority to contract out regular legal work that could be performed by assistant AGs.

The legal dispute intensified following a ruling by Superior Court Judge Elyze Iriarte, which mandated the governor’s signature on AG-secured contracts. Despite this, Moylan’s office has expressed strong disagreement with the ruling and continues to seek approval for the contracts in question.

In official correspondence dated October 22, the governor’s legal counsel, Jeffrey Moots, reiterated that the contracts were not valid under Guam law, creating a significant roadblock for the AG’s office. Moylan’s office responded with an ultimatum, threatening legal action if payments were not processed promptly.

The situation remains tense, with Moylan calling on lawmakers to defund the governor’s legal team and to hold an oversight hearing on the Department of Administration. As this legal standoff unfolds, the implications for Guam’s governance and its legal capacities are profound, with potential impacts on public services and legal accountability.

As this story develops, all eyes are on the Superior Court of Guam, where the future of these legal fees and the authority of the Attorney General hangs in the balance. The community is urged to stay informed on this critical issue that could affect the legal landscape of the territory.