Defense in a Government of Guam corruption case is hopeful the attorney general will be disqualified from prosecuting their clients.

The case involves retired Public Health director Art San Agustin and chief health inspector Masatomo Nadeau.

Defense contends the AG has a conflict of interest arguing they’ve represented the defendants prior in their official capacities.

The AG sought a protective order that would have prevented the defense team from calling witnesses to help them make their argument in court.

But, Superior Court Judge John Terlaje this week denied the AG’s request.

San Agustin’s defense attorney Jay Arriola said, "We've already established that there's grounds for potential ethical violation. So the court will now hear evidence and take testimony and receive some of the documents that we're seeking to admit and see whether or not there is indeed a conflict. Our position as the vendor is that it's a clear conflict of interest."

If granted, Arriola says the governor would need to appoint a special prosecutor for the case.

The pair stand accused of allegedly signing off on certain school inspection reports for campuses that were never inspected.

Parties are back in court on March 12th.