AG Sues Leon Guerrero Administration Over Withheld Legal Payments

URGENT: Attorney General Sues over Withheld Attorney Payments

New reports confirm that Attorney General Douglas Moylan has just filed a lawsuit against the administration of Governor Lou Leon Guerrero, claiming illegal withholding of payments to attorneys contracted for essential legal work for GovGuam. The petition, submitted to the Superior Court of Guam, seeks an immediate court order to compel the administration to authorize overdue payments for services rendered, which total over $1.5 million.

Moylan’s office accuses the governor and Department of Administration Director Ed Birn of obstructing payments and undermining the legal framework that supports vital services across the islands. In a media release, Moylan stated, “This Governor for months now has ‘messed’ with the Attorney General being able to hire and pay for attorneys to serve our client.” He emphasizes that these contracted attorneys provide “mission-critical services” such as prosecution and the safeguarding of taxpayer dollars.

The lawsuit specifically lists payments owed to several attorneys, including:
– Attorney William Pole: $25,520
– Firm Consovoy McCarthy PLLC: $20,017.50
– Attorney Edward C. Han: $4,600

Moylan’s petition argues that these contracts were lawfully secured and contends that the governor lacks the authority to dictate the hiring practices of the Attorney General’s office. The document requests the court to order the governor and the DOA to ensure immediate payment, while also prohibiting any further interference in the AG’s hiring processes.

In an email sent to lawmakers, Moylan urged them to defund the governor’s legal team and convene an oversight hearing on the DOA, highlighting the escalating tensions between his office and the administration. An official spokesperson for Adelup, Krystal Paco-San Agustin, declined to comment on the pending litigation but referenced previous correspondence that outlines the reasoning for blocking the payments.

The conflict over attorney payments began on June 16 when Deputy Attorney General Lee Miller emailed Adelup legal counsel Jeffrey Moots to submit several contracts for review. This dispute escalated following a recent court ruling that required the governor’s signature on contracts secured by the AG’s office. Despite the ruling, Moylan’s office continues to assert that the legal framework allows for the necessary hiring of outside attorneys.

On October 13, Moots responded to Miller, stating that the contracts were not procured in accordance with Guam law, which limits the AG’s ability to contract out regular legal work. This claim has been met with resistance from Moylan, who maintains that the contracts comply with legal requirements.

As the situation unfolds, the implications for legal services in Guam remain significant. The AG’s office is urging immediate action, claiming that the governor’s refusal to approve payments jeopardizes essential services that directly affect the welfare of all villages on the islands.

The timeline is critical, as the AG’s office has threatened legal action if payments are not processed by October 22. The ongoing legal battle signifies a deepening rift between Moylan’s office and the Leon Guerrero administration, with potential ramifications for governance and public trust.

As this story develops, it is essential for residents and stakeholders to stay informed about the legal proceedings and their impact on governance and public services in Guam.