Gutierrez/Aguon files response with Supreme Court - KUAM.com-KUAM News: On Air. Online. On Demand.

Gutierrez/Aguon files response with Supreme Court

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by Mindy Aguon

Guam - The attorney for former governor Carl Gutierrez and Senator Frank Aguon, Jr. filed a response to replies filed with the Guam Supreme Court this morning.  Attorney David Lujan says the respondents and real parties in interest do not dispute their allegation that Guam Election Commission board members Martha Ruth, Joe Mesa and Robert Cruz had expired terms of appointment prior to certifying the results of the Decision 2010 General Election. 

Even though Ruth and Mesa were reappointed to the board by the governor on Wednesday and sworn-in during yesterday's board meeting, Attorney Lujan contends they still did not receive the duly passed resolutions that he says are mandated by Guam law from the Republican Party of Guam, which nominated them.

Gutierrez and Aguon have asked the Supreme Court to expedite their writ of mandamus request to stop the January 3 inauguration and declare that the GEC board's certification of the 2010 General Election is null and void. Attorney Lujan admits in the reply that although they've only sought relief concerning the certification of the gubernatorial race results, a decision by the court will have implications in all other elections resulting from the 2010 general election.

A Supreme Court panel consisting of Chief Justice Robert Torres, Associate Justice Kathryn Maraman and CNMI Pro-Tem Justice Miguel Demapan will hear the emergency motion to expedite this afternoon at three o'clock.

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