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Emergency motion granted by Supreme Court

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by Mindy Aguon

Guam - Just a few hours after hearing arguments on whether an emergency motion to expedite the briefing schedule and oral arguments for a writ of mandamus filed by former governor Carl Gutierrez and Senator Frank Aguon Jr., Supreme Court justices granted the request. They are seeking a writ of mandamus where the court would expunge and vacate the Guam Election Commission board's certification of the 2010 gubernatorial election results. 

The petitioners allege the certification must be vacated because the 7 members of the GEC board were not legally appointed.  In their order Chief Justice Robert Torres wrote, "We believe the substantive issues this court must consider is of great public importance and must be resolved promptly."

In granting the motion, the court noted that it did not address the underlying merits of the case.  The Guam Election Commission and real parties in interest, Governor-Elect Eddie Calvo and Lieutenant Governor-Elect Ray Tenorio were ordered to submit answers to the writ of mandamus by 8:30 am Monday.  Gutierrez and Aguon must file their opening brief at the time as well. 

Oppositions are due the following day, with justices to hear the case on Thursday, December 30.

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