Autonomous agencies to file joint amicus briefs in Attorney General withdrawal case

Five Government of Guam autonomous agencies have been granted a request to file a joint amicus brief in the case involving the Attorney General’s withdrawal from providing legal representation.

Supreme Court of Guam Chief Justice Robert Torres issued the order Tuesday.

According to the order, the Consolidated Commission on Utilities, Guam Power Authority, Guam Waterworks Authority, Guam Memorial Hospital Authority, and the Port Authority of Guam and any other autonomous agencies that may later join them may file a single amicus brief by May 6.

The joint motion requested these agencies be allowed to file a single joint amicus brief upon a deadline set by the high court.

The order noting, “their proffered interest in this matter is that they often enter into contracts with high-dollar value, which triggers the provision of Guam Procurement Law requiring the input of the Attorney General for awards of $500,000.00 or more.

In response, Adelup issued the following statement:

“The CCU, GPA, GWA, GMHA, and PAG asked the court for permission to file a joint amicus brief to address the unique impact of the AG's withdrawal on their autonomous agencies, noting that Guam law requires the AG to serve as a legal advisor in large procurements, and requires his approval of contracts prior to execution. In its order today, the Court agreed that the issues raised in the case impact these agencies, that they have a significant interest in the outcome of the case, and that the court would benefit from their filing of an amicus brief. The participation of these agencies will help provide the Court with a complete and accurate account of the AG's actions relative to our autonomous agencies, as well as arguments that are unique to these agencies compared to the line agencies over whom the Governor has more extensive oversight.”

The high court had asked parties to file amicus briefs answering multiple questions to include if the AG may provide legal services to a GovGuam agency, notwithstanding his access to confidential information from both the agency and the investigations and prosecutions.

The withdrawal came after the AG confirmed his office is investigating 22 GovGuam agencies based on audits from the public auditor.

The case is scheduled to be argued on May 20.