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District Court schedules case between Citizens for Economic Diversity, GEC


by Ken Wetmore, KUAM News
Monday, January 24, 2005

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The U.S. District Court held a scheduling hearing today for the litigants in the Citizens for Economic Diversity's lawsuit against the Guam Election Commission. Magistrate Judge Joaquin Manibusan set oral arguments on two motions in the case for February 18. One of the major disputes, which will get a hearing on that date, is who represents the defendant in this case.

Sitting on the defendant's side today were attorneys from the Attorney General's Office, the Guam Election Commission, the Governor's Office, and the Communities Opposing Proposal "A". The AG's Office has stated it believe it holds the right to act on behalf of the GEC. Opposing that is the Governor's Office and the Commission itself, who feel it should be the GEC's private legal counsel who represents the agency in the lawsuit.

COPA attorney Jay Arriola told the court today he simply wants his client to be able to file briefs in the lawsuit as an interested party. Judge Manibusan will hear the representation arguments as well as a request to remand the issue to the Superior Court on February 18.

CFED is suing the Guam Election Commission alleging the vote on Proposal "A" was tainted because the GEC failed properly conduct the election on legalizing casino gaming.