There is a tendency to portray the problems at the courts as a power struggle. The main reason for that has been the effect of legislative tampering of the judiciary making it in effect, a government agency, rather than a third and equal branch of the Government of Guam.

Plaguing the courts further is the ability for the legislature and possibly the executive branch to meddle with its structure and assault the authority of the Supreme Court, unless an amendment is made to the Organic Act of Guam to correct the problem. This, possible only with Congressional approval or a Guam Constitution.

For that reason, both courts hired lobbyist to assist them in their opposing efforts. The Supreme Court, to administer the judicial branch and the Superior Court, objecting to the oversight of the higher court.

The Superior Court hired attorney Howard Hills to represent them in the first attempt to have Congress amend the Organic Act to make the Supreme Court an independent, co-equal branch of government and establish it as the administrative head of Guam’s judiciary.

Tony Sanchez, Superior Court administrative director talks about how the Judicial Council approved the hiring of Howard L. Hills to represent them since 1997.

[Insert recording of Sanchez]

That despite the fact that the Superior Court of Guam is not a party to the lawsuit filed by Senator Ben Pangelinan wherein the legislature attached a rider stripping the Supreme Court of it’s oversight powers. The law was passed in 1997.

Superior Court documents [acquired through the Sunshine Law] and seen by NewsTalk K57, revealed that Hills has been receiving payments from the lower court since June of 1998, totaling US$497,000 - almost half a million dollars. Most of the payments to Hills were made in installments of US$9,000 with lump sums [paid out] in June 1998 and May 2001.

The initial lump sum of US$20,000 was paid [to Hills] in June 1998. No payments were made in 1999 or 2000.

In February of 2001, Hills was paid US$18,000 in In April, but in May 2001 the Superior Court [of Guam] paid Hills twice [a total of US$45,000] once for US$9,000 on May 1 and a lump sum of US$36,000 on May 29.

July 2001 installments totaled US$27,000 and December 2001 installments totaled US$18,000 for a grand total of $146,000 by the end of 2001.

In 2002, increments of US$9,000 were paid to Hills, 15 times in May, totaling US$135,000 and four times in June totaling US$36,000 and 20 times in July totaling US$180,000.

Payments totaled US$351,000 in just three months of this year [2002] alone.

Sanchez speaks about contractual arrangements and payment cycle with Hills.

[Insert Tony 2]

The Supreme Court also hired an attorney to assist in the higher court’s efforts to unify the judiciary. To date, they have paid out the amount of $60,000 for lobbying assistance.

Dan Tydingco, Supreme Court executive officer stating the law firm they hired and how much they paid out.

[Insert Danny 1]

The local budget of the Superior Court is about $18M not including federal grants and it employs over 300 employees. The Supreme Court’s budget is $1.8 million and it has 25 employees.

Another intervention by the legislature that affects the structure of the courts is a floor amendment submitted by then Senator Doris Flores Brooks that said the Superior Court provision for rotating presiding judge would begin upon the retirement or resignation of the incumbent presiding judge [Antonio Lamorena III].

In the original Frank G. Lujan Reorganization bill, the position of the presiding judge and chief justice were three-year-term rotation.

Here is Doris Flores Brooks explaining why she made the amendment on the floor perpetuated the incumbent presiding judge and the need to audit the Judiciary Fund.

[Insert Doris 1] Note: Brooks did not return phone calls for the interview and when called before the airing of the report was told by her husband that she was out jogging and not available by the airing of this report.

A recent U.S. Supreme Court decision eliminated the legislature’s attempt to separate the administration of Guam’s courts, restoring the Supreme Court as the head of the island’s judiciary.  Maybe now, we’re on our way to unification of the Courts baring any unforeseen attempts to deter the process from the other branches.

For NewsTalk K57 -- this is Rlene"Live"