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Guam Music files court challenge
Just a day after receiving a notice of revocation for hundreds of its gaming devices,
Guam Music, Inc. today, through its attorney David Lujan, filed suit against the Department of Revenue & Taxation. Alleging the company's due process rights have been violated and the government agency is following a court order that was handed down by a person who is ineligible to be a judge, Guam Music Inc. says it's not game over for their gaming devices.
Guam Music contends it's far from game over for their hundreds of gaming machines that have been cashing in over the years. While the devices, that were deemed illegal by the Attorney General's anti-gambling task force, have been licensed for years as amusement devices, on Thursday the company received notices of revocation from the Department of Revenue and Taxation.
The government agency was complying with a court order from Superior Court Pro-tem Judge Robert Klitkzie whose contract with the judiciary expires today. According to the moving papers, Guam Music Inc. has filed a motion to intervene in the original case filed by Attorney General Alicia Limtiaco against the Department of Revenue and Taxation.
Additionally, they are seeking a stay of the enforcement of the court's order revoking the gaming device licenses. Guam Music intends to raise the issue of whether or not the court that initially heard this matter should not have disqualified itself from the case.
As we reported they also argue that Judge Klitkzie was not authorized to sit as a judge of the Superior Court under both Guam and federal law and therefore any orders he issued would be declared null and void. Specifically, the company raises issue with his appointment calling it invalid. According to court documents, Klitkzie was not selected from a list of qualified and available judges maintained by the chief justice and his appointment was invalid because he did not meet the required qualifications.
Attorney Lujan contends Klitkzie has not practiced law in more than 20 years and was not an active member of the bar. There's no word, since today marked the end of Klitkzie's contract with the court, when the court will schedule a hearing on today's motions.
Click here to review the court documents for this story
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