Judge wants names of qualified receivers

by Mindy Aguon

Guam - District Court Judge Consuelo Marshall had ordered parties to submit list of names of people/entities qualified for the role of receiver in government's permanent injunction case.  The list of names is due to the court by January 4, 2010.

This morning the judge heard arguments on the plaintiffs' motion to impose a receiver as they contend the government has failed to provide the basic needs and adequate services for consumers and individuals with disabilities.  The plaintiffs' attorney, Dan Sommerfleck, asked the court to impose the receiver and give that individual/entity complete control for all hiring, firing, termination of leases, and the power to enter into contracts, and more.

The government however contends it would be too costly and argued that there's a similar case in Washington, DC where a receiver was appointed, but the goals and objectives still haven't been met.  Judge Marshall indicated that she wants a clearer picture of who the receiver would be and what their duties would be as well how much imposition of a receiver may cost the government of Guam.

There was discussion during today's status hearing that the court's monitors, Attorney James Casey and Dr. James Kiffer, may be qualified to be the receiver, but the judge wants a list of names from both parties in one month. 

Meanwhile she also issued a decision granting attorneys fees that were requested by the plaintiffs.