Decision 2010 election challenge in court

by Nick Delgado

Guam - The election challenge for Decision 2010 was back in the Superior Court of Guam this morning. But before the case can proceed any further, former governor Carl Gutierrez is seeking new legal representation.

Gutierrez sat alone in the courtroom during a status hearing before Judge Arthur Barcinas this morning. "First of all, I requested from the judge that after I just picked all the files from David Lujan and I need to be able to find another lawyer for this case so he gave me until the 22nd of June," he detailed. It was after the 2010 General Election that Gutierrez and his former running mate, Frank Aguon Jr., filed a legal challenge asking the court to deem the results null and void based on alleged multiple discrepancies.

It was in January, however, Aguon via e-mail to their attorney (Lujan) said he wanted out of the case and wanted to be removed from any association or affiliation with any ongoing court challenge that has "any semblance of the Gutierrez/Aguon 2010 gubernatorial election."

As a consequence, Attorney Lujan filed a motion to remove himself from the litigation because it would be a conflict of interest. "He got caught in the middle because of what Frank Aguon did and he wanted out of the case, and I told Frank Aguon, 'If you get out of this case, then you might cause a problem with our attorney - but he didn't care and decided to get out because he's running for senator," said Gutierrez. "I'll let him deal with that and his own conscience."

Meantime, Guam Election Commission legal counsel Attorney Cesar Cabot contends the agency did nothing wrong, and has filed a motion to dismiss the case. "That motion is the plaintiff did not timely file the action as required under Guam law; so what's ironic is the plaintiff is coming before the court claiming the GEC did not follow the rules when he himself did not follow the rules in filing his action," he said.

with the 2012 election just months away, Judge Barcinas agreed to expedite the case. Said Cabot, "This is exactly where the case belongs before a judge with evidence in this type of setting and this should not be litigated by the Legislature, so we are very happy the court is taking the bull by the horns."

As for whether Gutierrez will put in his bid for Congress during the court proceedings, he says that all depends on what current congresswoman Madeleine Bordallo does. "I am still looking at that, but the way I see things if Delegate Bordallo follows the resolution, which I believe she is doing then I enthusiastically get the Democratic Party behind her," Gutierrez noted.

Meanwhile, the Democrat Party of Guam will host elections this Saturday to elect eight delegates that will represent the island at the Democrat National Convention in Charlotte, North Carolina in September. Guam has a total of 13 delegates. Polling sites at the village mayor's offices and senior centers will open from 8am to 6pm.