Chief justice calls for indigent defense reform, supports independent board

In the final installment of our three-part series on the Right to Counsel in Guam, Chief Justice Robert Torres gives his response to the sixth amendment center’s evaluation on our indigent defense system. 

The chief justice agreeing with their findings and recommendation for independence and reform. 

Justice just for those who can afford it is not justice at all. 

That’s what the Supreme Court of Guam tells KUAM in response to the Sixth Amendment Center’s recent evaluation of our indigent defense system. 

"We’ve always been committed in trying to ensure that the right to legal counsel is a reality for anyone, for all of the indigent defendants in Guam," he said.

He says the Judiciary has always been at the forefront of indigent defense reform.

It’s why they collaborated with the non profit organization to conduct an evaluation of their services in the first place. 

The Sixth Amendment Center’s findings reflect, at root, a system lacking independence— and the chief justice agrees. 

"The evaluation from the Sixth Amendment Center confirms what the judiciary has been saying for years," he said.

The chief justice is the chair of the Public Defense Service Corporation Board, the presiding judge is the vice-chair and the chief justice appoints two of the other four members. 

It’s a structure mandated by the Legislature years ago when the Public Defender's Office was still in its infancy.  

And it's one he's been trying to change since his previous term.

"The report recommends the establishment of an [independent] commission and it's going to be a paid commission. Setting it up and having the commission is obviously going to take the support of the legislature and funding in order for that to become a reality," he said.

The report also finding there’s been with a decrease in the number of private attorneys in criminal defense work. 

The chief justice says last year there was just one person on the private attorney panel. 

This year there’s four-- but he admits it's not enough. 

"Part of it is an aging bar– the last statistic I heard is that more than one third of the members are over the age of 65," he said.

From an aging bar, to less attorneys interested in criminal law, to a system "woefully underfunded" for years. It’s an issue he says is going to take commitment from all branches of government to reform. 

"We have to take justice for everyone and it has to be equitable. I think we take that responsibility seriously. Giving that responsibility to an independent commission will, I think , strengthen the judicial process and ensure that the commitment to justice is upheld for the most vulnerable members of our community," he said.

He adds that will truly reflect a system where justice is a right and not a privilege.