Former chief justice of the Supreme Court of Guam and now vice-speaker of the 30th Guam Legislature B.J. Cruz trashes District Court of Guam Chief Judge Frances Tydingco-Gatewood as she orders GovGuam to make weekly million-dollar payments for the Ordot Dump consent decree.he Chief judge of the District Court of Guam's reasons behind ordering the weekly million-dollar payments: a history of government in action.

But according to the vice-speaker, it's the judge's history that needs to be exposed.

Tydingco-Gatewood is laying down the law. She's not accepting any more delays, excuses or drama when it comes to the government fulfilling the mandates of the Ordot Consent Decree. In her 19-page order she not only listed all the times she warned the governor and the legislature to work toward a solution, she shot down senators who were fighting the Layon site selection, she shot down senators concerns about them or the government not being bound by the terms of the consent decree, all to which she essentially said enough is enough and in layman's terms get over it!

She further highlighted the changes and savings federal receiver Gershman Brickner & Bratton has brought to taxpayers since coming on board, citing for example DPW renting equipment at a rate of $11,000 a day after GBB took over that was reduced to $464 per day. Throughout her 19-page opinion it was primarily the legislature which took the brunt of her disappointment. Chief Judge Gatewood none to happy with senators repeated efforts to block funding the Layon site.

For example their failure to pass the first bill sent down in December by Adelup supported by five financial experts and GBB through Section 30-backed revenue bonds. Furthermore the government's recent financial plan filed with the court in early February to fund the consent decree was called by the judge a "plan to plan for financing". The chief judge further wrote, "The government's plan was no plan at all."

The chief judge added "the Government of Guam has held steadfast that is lacks the funds to do what it agreed to do under the consent decree. No longer will that suffice to stave off the inevitable." With the Ordot Dump quickly running out of air space the judge stated, "To borrow a phrase from new our new president Barack Obama a failure to act, and act now will turn crisis into a catastrophe." By failing to pass the necessary legislation by the legislature leaves the Government of Guam with no other alternative but to make cash payments for the consent decree projects.

According to her order, the $1 million weekly cash payments will be suspended if the Legislature authorizes the bonds for the consent decree or if the government finds any other viable financing alternative that does not delay or impede the court's approved timeline.

Reacting to today's order, Vice-Speaker Cruz says he's disappointed with the judge but dismayed with the Attorney General of Guam Alicia Limtiaco. "Three weeks ago I gave her a letter asking her to recuse the judge because of her relationship to her father's sister, that has 20 acres of land adjoining the Guatali site and that should have been addressed," he said. "The judge should not be making any more orders in this case until she address that issue of whether or not she has a conflict and whether she should be taken off this case. I'm not sure if the AG's going to take anything about that. But if we have to we have to go the 9th circuit to have her removed this case. This action right now shows how unreasonable she is."

Speaker Judi Won Pat also feels the chief judge's decision was unreasonable considering, senators are scheduled to go into session on Monday. After receiving the governor's State of the Island Address, she and her colleagues were going to begin debate on Bill 51, which provides two options to deal with the dump.

"I think we've been very diligent in moving forward so then we can come to a solution or better decision when we finally address the bill on the floor, so for her to take this position without even hearing what the result would be I think is very strong-handed for the Legislature," said Won Pat. "She forgets the Legislature requires that we be deliberatively in our dialogue and our discussion in even hearing any bill."

Bill 51 provides two options to deal with the dump crisis either through the governor and GBB preferred Section 30-backed revenue bonds or through a leaseback program. It's not clear whether both options will be trashed and replaced with a new one altogether.

Order on cash payments: USA v. GovGuam
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