by Mindy Aguon, KUAM News Friday, July 02, 2004 Subscribe to Mindy's newsfeed   E-mail this article Printable version KUAM Toolbar Web Widgets Get RSS headlines

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While the Attorney General is challenging the Governor to release the findings of an investigation the Governor's Office ordered the Guam Police Department to undertake involving the AG's Office, a private citizen is challenging the island's chief legal officer himself. The last time island residents heard about a recall effort was during the last term of former governor Carl Gutierrez.

Private citizen Andrew Zawalinksi sums up his thoughts about Attorney General Douglas Moylan by quite simply saying, "We need a change". As such, today Zawalinksi filed a petition with the Guam Election Commission, the first step in his effort to get a recall of the island's first-ever elected AG. The Dededo resident believes the last nineteen months has been more than enough time for Moylan to prove he's capable of the job.

Zawalinski noted in his petition that Moylan has a policy of "Indict now, investigate later." He says Moylan has abused his authority on more than one occasion, adding he is personally disappointed with the AG's performance.

The resident cited instances where he believes the AG has habitually use superceding indictments to re-indict individuals up to five times because of a lack of evidence, or due to improper procedure. In the petition Zawalinski also accuses Moylan of abusing his authority on more than one occasion, referring to the AG's approval of professional services contracts for part-time attorneys to work in the AG's Office. Zawalinski referred to one attorney who was censured by the Ninth Circuit Court of Appeals, yet was hired for $5,000 a month to work for Moylan's office.

He also alluded to the pending criminal charges against the AG, alleging Moylan has "done nothing but delay his day in court for over a year, effectively denying his victims' day in court and eroding the public's confidence in his office."

In short, the veteran of the United States Marine Corps is disappointed with the AG's performance. The petition cites Zawalinksi stating that Moylan's assertion that he is at war during his 2004 State of the Protecting the Island Address this past April is "the ultimate example of his official governmental intimidation and abuse of power."

Zawalinski questioned, "How many attorneys are we going to chase out of the Attorney General's Office? How many times are we going to allow people to be re-indicted time and time again? I think it's a travesty of justice. I'm not an attorney, but when does it stop?"

AG Moylan responded to the petition for a recall saying after the last nineteen months in office, nothing surprises him anymore. "I welcome anyone in this community to exercise their democratic right to do a recall. If the public that put me here believes I'm not doing the job that they elected me to do, then I should be removed. But I would hope the last nineteen months I am living up to every promise that I said I was going to do in this office," said Moylan.

Moylan says he knows Zawalinski and recalled seeing him with former governor Gutierrez on several occasions. The AG understands it is up to the public to decide whether he will leave or remain in office. He's hoping his track record will result in the latter. "This job is not easy, it has been difficult for me. I'm trying to do my best and I've gotten a staff that has solely come inline with what I believe the people need in this community," he said calmly. "I think if we remove the attorney general as it is right now, we're opening the floodgates to another past administration controlled by governors."

Moylan has not reviewed the petition yet, but says in the meantime he will continue to do what people elected him to do. When asked if he believes the recall petition is politically motivated, Moylan said people are coming out of the woodwork and it's up to the public to put the pieces of the puzzle together to see what's going on.

He vehemently denies allegations that he has used his office to take away people's freedom, saying the nature of the attorney general is to be adversarial and make sure politicians and others comply with the law. He further said, "Whether I'm considered a pit bull or the people's advocate, this position as in all jurisdictions is expected to be confrontational, to follow the law and ensure other people follow the law, and I have been attempting to do that in the most diplomatic way possible, but when push comes to shove, our office has to stand up for the people because we are often the last line of defense before lawlessness kicks in."

Moylan admits his office has a straightforward approach, but denies Zawalinski's claims that he is using his office to carry out political vendettas. Whether a recall election actually happens or not, Moylan says he will continue to keep to the challenge of his job.

As for Zawalinski, he's going through the recall process hoping others in the community, such as himself, will fight for a change. "I think the people of Guam have lost faith and confidence with the attorney general - to serve the people of Guam effectively," he said. "He has shown in many instances and these are matter of public record where he is just not doing what the people elected him to do." Zawalinski says he filed the recall petition voluntarily and not because of his relationship with the former governor or for any other political reasons. "I have no reason to shy away from the governor; when I see him or turn my back on him. In spite of what's going on now, I still consider the governor a friend and I have no reason not to," he said.

The Guam Election Commission's legal counsel is currently reviewing Zawalinski's recall petition. The Organic Act provides that at least two-thirds of the Decision 2002 election voters must be in favor of the recall of the AG.

Additionally, the election will be initiated by the Legislature following a two-thirds vote of lawmakers in favor of the recall or a petition submitted to senators equaling at least half of the total number of voters who cast their ballots during the last election for the Office of the Attorney General.