The Guam Police Department may gain some legal muscle of their own, independent of the Office of the Attorney General, as proposed in Bill 158. However, it’s sparked fiery debate over whether this move aligns with our constitution.

GPD is calling for back up in the courts. Bill 158, authored by Vice Speaker Tony Ada, would authorize the GPD to hire its own attorney, removing the Attorney General’s Office as its sole provider of civil legal services. Ada says the goal is to bring back language that was previously repealed over a decade ago. “The bill reenacts the provisions of GPD’s enabling laws that were codified in subsection 77108 of 10 GCA, prior to its repeal by Public Law 30-202," he stated.

But Attorney General Douglas Moylan says the measure undermines both the law and the people, noting, “The Office of the Attorney General was made constitutional, The Organic Act, for a reason: it was so the people of Guam had direct control over their attorney.”

GPD Chief of Police Stephen Ignacio says the department is struggling without dedicated, in-house legal assistance, relying instead on limited, external support. “As the department’s operational complexity, community engagement, and legal liabilities have increased, so too has the need for reliable legal counsel tailored to law enforcement operations," he said.

“GPD must be equipped with professional legal support that is available daily, understand our operational realities, and is directly accountable to the department’s leadership."

With uniformed officers currently being diverted from their positions to handle drafting legal responses, interpreting legal documents, engaging in legal correspondence with courts, and more, Ignacio states, "This approach is inefficient and unsustainable as it diverts sworn officers from their primary responsibilities.”

He explains that legal guidance is sometimes needed in the middle of the night — during robberies, homicides, and other major incidents — but GPD is often left waiting for answers.

Meanwhile, BBMR notes there is no funding source identified for the proposal, with the estimated cost of over $180,000 not currently in GPD’s budget. Moylan warns the bill could open the door to even more legal and financial risk, and that the solution is to send funding to the AG's Office to hire the attorneys needed.

"Parceling out the AG’s duties is not the solution. It will only cost more and get less productivity," he said. “I will commit to you, Senators and Mr. Chairman, to recruit an attorney for the Chief of Police’s use, but under the Attorney General of Guam.”

In the meantime, the Legislative Committee on Public Safety will continue their review of the measure.