Guam Legal Services seeks sanctions of government officials
The Guam Legal Services Corporation continues efforts to force the government to hold up its end of the bargain in providing treatment and developing programs for individuals with disabilities. The corporation
September 4, 2009Updated: March 26, 2007
By KUAM News
By KUAM NewsThe Guam Legal Services Corporation continues efforts to force the government to hold up its end of the bargain in providing treatment and developing programs for individuals with disabilities. The corporation is requesting government officials be sanctioned and held in contempt for failing to comply with a permanent injunction.
A pattern of broken deadlines, excuses, and failed progress are but a few of the reasons why the GLSC wants a federal judge to impose sanctions and hold government officials in contempt. In a motion filed with the District Court this afternoon, Guam Legal Services director Daniel Sommerfleck requested the court order government officials to appear in court to show cause why they should not be held in contempt or sanctioned. Expressing disdain for the government's lack of progress, Sommerfleck described the progress to date as "inadequate and unacceptable". He went on to state that "the current efforts lack clarity and focus".
Several years ago a federal judge issued a permanent injunction mandating the Government of Guam - specifically the Department of Mental Health and Substance Abuse and the Department of Integrated Services for Individuals with Disabilities - revamp the way it cares for its consumers from beginning to end and the order included set deadlines for compliance. GLSC requested a status hearing in the District Court a meeting between the parties last week was the straw that broke the camel's back. As officials stated that the waitlist and grievance procedures has not been implemented; additionally compliance with minimum care requirements is not expected to be achieved for another three to five years, and there has been no work started on an amended comprehensive plan, though it was due 268 days ago.
District Judge Consuelo Marshall told the parties in 2005 that if the new deadlines weren't complied with, sanctions would be deemed appropriate - from $250 a day per violation for the first ten days of non-compliance to $500 dollars per violation after 20 days and $1,000 per violation per day for up to 30 days, 60 days of non-compliance. And Judge Marshall made it clear the governor and the directors of Mental Health and DISID would be remanded to the custody of the U.S. Marshals Service until the penalties are paid in full and the necessary plans are submitted to the court. "The only way for us to express our disappointment at this time is to bring this process back before a judge who heard it all before and say fix it."
The court has yet to schedule a hearing date. In the meantime, Mental Health director Dr. Andrea Leitheiser told KUAM News she is withholding comment until the department appears before the court to explain the progress they have made.
View the District Court filing for this case by clicking here
A pattern of broken deadlines, excuses, and failed progress are but a few of the reasons why the GLSC wants a federal judge to impose sanctions and hold government officials in contempt. In a motion filed with the District Court this afternoon, Guam Legal Services director Daniel Sommerfleck requested the court order government officials to appear in court to show cause why they should not be held in contempt or sanctioned. Expressing disdain for the government's lack of progress, Sommerfleck described the progress to date as "inadequate and unacceptable". He went on to state that "the current efforts lack clarity and focus".
Several years ago a federal judge issued a permanent injunction mandating the Government of Guam - specifically the Department of Mental Health and Substance Abuse and the Department of Integrated Services for Individuals with Disabilities - revamp the way it cares for its consumers from beginning to end and the order included set deadlines for compliance. GLSC requested a status hearing in the District Court a meeting between the parties last week was the straw that broke the camel's back. As officials stated that the waitlist and grievance procedures has not been implemented; additionally compliance with minimum care requirements is not expected to be achieved for another three to five years, and there has been no work started on an amended comprehensive plan, though it was due 268 days ago.
District Judge Consuelo Marshall told the parties in 2005 that if the new deadlines weren't complied with, sanctions would be deemed appropriate - from $250 a day per violation for the first ten days of non-compliance to $500 dollars per violation after 20 days and $1,000 per violation per day for up to 30 days, 60 days of non-compliance. And Judge Marshall made it clear the governor and the directors of Mental Health and DISID would be remanded to the custody of the U.S. Marshals Service until the penalties are paid in full and the necessary plans are submitted to the court. "The only way for us to express our disappointment at this time is to bring this process back before a judge who heard it all before and say fix it."
The court has yet to schedule a hearing date. In the meantime, Mental Health director Dr. Andrea Leitheiser told KUAM News she is withholding comment until the department appears before the court to explain the progress they have made.
View the District Court filing for this case by clicking here