AG Sues Guam Governor for Withholding Attorney Payments

UPDATE: Attorney General Douglas Moylan has just filed a lawsuit against the Guam Governor Lou Leon Guerrero, alleging unlawful withholding of payments to contracted attorneys. This urgent legal battle underscores a contentious dispute over the administration’s refusal to pay for critical legal services essential to the government’s operations.

In a petition submitted to the Superior Court of Guam, Moylan demands a court order directing the governor to release overdue payments totaling thousands of dollars for attorneys who provide “mission-critical services.” The AG’s office has been embroiled in conflict with the administration for months, as outlined in the court documents filed earlier this week.

Moylan accuses the governor and Department of Administration Director Ed Birn of deliberately obstructing payments, jeopardizing the welfare of residents across the island. “This Governor for months now has ‘messed’ with the Attorney General being able to hire and pay for attorneys to serve our client,” Moylan stated in a media release.

The contracts in question include payments for attorney William Pole amounting to $25,520, Consovoy McCarthy PLLC at $20,017.50, and attorney Edward C. Han for $4,600. The AG’s office asserts that these contracts were lawfully secured and that the governor lacks the authority to dictate hiring practices within the AG’s office.

The legal turmoil escalated when Moylan called upon lawmakers to defund the governor’s legal team and initiate an oversight hearing on the Department of Administration. In an email sent to Speaker Frank Blas Jr. and Senator Telo Taitague, he expressed grave concerns over the implications of the governor’s actions on legal services provided to the public.

Adelup spokesperson Krystal Paco-San Agustin declined to comment on the pending litigation but pointed to correspondence revealing the administration’s stance. The governor’s legal team has claimed that the contracts in question are part of approximately $1.5 million worth of illegal agreements, which have been challenged by Moylan’s office.

The conflict dates back to a June 16 email from Deputy Attorney General Lee Miller to Adelup’s legal counsel, requesting approval and signatures for the contracts. Despite the AG’s insistence on the urgency of these legal services, the governor’s office has consistently delayed responses.

On October 13, a decisive response from Adelup declared the Pole contract would not be approved, citing non-compliance with Guam law regarding legal contracting. This has further fueled tensions, as the AG’s office maintains that all contracts adhered to statutory requirements.

The AG’s office issued a warning on October 16, threatening legal action if payment was not processed by October 22. In a back-and-forth exchange, the governor’s attorney reiterated that without valid procurement files, payments could not be authorized.

This legal standoff is the latest chapter in a series of disputes between Moylan’s office and the Leon Guerrero administration, reflecting deeper issues within the governance of Guam. As this situation develops, the implications for legal service provision and governmental accountability remain significant.

Stay tuned for more updates as this story unfolds, and share your thoughts on the ongoing legal battle affecting Guam’s governance.