27th Guam Legislature to discuss override of Governor's veto on Bill 48

At 9 a.m. today the 27th Guam Legislature is going into session to discuss and consider the override of Bill 48.

The continuing history of the divisions of the local courts continues with the veto message of Governor Felix P. Camacho on Bill 48.

Tony Sanchez watching the Legislature vote on Bill 48.

Bill 48 is measure to reorganize the courts and consolidate the operation of the Courts under the Judicial Council. The bill was introduced by first-term senator Randy Cunliffe, chair of the judiciary after months of negotiations of the heads of the Courts; Superior Court Presiding Judge Alberto Lamorena III and Administrative Director Tony Sanchez, Supreme Court Chief Justice F. Philip Carbullido and Justice Francis Tydingco Gatewood,  to resolve longstanding issues.

At the public hearing on Bill 48, all parties testified in favor of the bill with the exception of Judge Catherine Maraman who's position is that the consolidation of court operations may violate due process and that the Supreme Court was established only for appellate court purposes.

Attorney Douglas Moylan also publicly stated opposition to the bill because it contains a provision that will remove him as the attorney general from the Judicial Council. In recognition of the separation of powers doctrine, Cunliffe eliminated the positions of the attorney general and the legislative chairman of the judiciary from the Judicial Council. Cunliffe is the current chair of the Judiciary.

Moylan is also opposed to provisions in the Bill that would extend liabilities to employees and agents of the attorney ethics committee of the Guam Bar Association and the Superior Court of Guam.

Bill 48 passed with a 13-2 vote. Senator Ray Tenorio voted no and Senator Jesse Lujan passed three times which constitutes a no vote.

Governor Camacho's
reasons
for vetoing Bill 48:

1. Disagreed with the enhanced role of the Judicial Council in governing the entire court system.
    

2. Would withdraw his opposition if there was an equal representation of the judges and justices on the Council.
    

3. Opposed to the provision that mandates the Presiding Judge to randomly assign cases.
    

4. Opposed to the appointment of the marshals and probation division by the Judicial Council because they are a entirely trial court function.

Judicial Council's Last Meeting October 31, 2002 (L-R) Superior Court's Judge Katherine Maraman & Presiding Judge Alberto Lamorena III, Supreme Court's Chief Justice F. Philip Carbullido, retired Chief Justice Pete Siguenza & Justice Frances Tydingco Gatewood.

Based on the Governor's objections above, it's the composition of the Judicial Council he opposes not the role of the Council. The Governor is comfortable with the role of the Council if there are an equal number of justices and judges for parity.

Senator Randy Cunliffe agrees with the Governor's assessment of the role of the Council, but insists that it be composed of three justices (Supreme Court) and two judges (Superior Court) in recognition of the Supreme Court's supremacy in the judiciary. The decision to provide the lower court direct participation in the judicial Council was a qualitative decision and not a charitable effort.

The Organic Act of Guam, which serves as the island’s constitution, specifically provided for the establishment of the Superior Court. A subsequent amendment was made to allow for the creation of the Supreme Court to eliminate the appellate duties of the District Court of Guam. However, both courts are also established by the legislature through local laws. It is their will that determines the reality of the Courts on Guam.

Former Senator Mark Charfauros made that point very clear when he took a stand against former Delegate to Congress, Robert Underwood's effort to submit a bill that would make changes to the Organic Act to remove the influence of the Legislature from the composition of the Courts on Guam. Charfauros was not alone. The Guam Superior Court also took a stand against the submission of the bill, which would permanize the Supreme Court of Guam, making it federally protected from any local infractions by the other branches of Guam’s government. Incumbent Delegate Madeleine Z. Bordallo has reintroduced the bill.

In an attempt to block Underwood's effort, the Superior Court hired attorney Howard Hills and paid him multiple increments of $9,000 dollars monthly, in a compressed period of time, to assist them in blocking House Resolution 521. Hills hired lobbyist Jack Abramoff who was successful in blocking Underwood's effort in Congress.

The Superior Court paid out close to $500.000 of taxpayers dollars to block the effort.

In reaction, the Supreme Court hired their own lobbyist and paid a little over $80K in an attempt counter act the Superior Court's efforts. The continuing saga of how the courts are governed remains unresolved.

In a memorandum to his colleagues, Senator Randy Cunliffe called for the override of the bill saying that the override would put the Judiciary on the path to become co-equal and independent from the other two branches of the government.  “For far too long, the development of the local judiciary has been subject to the whims of personality and politics”, Cunliffe said in his memorandum.

Also presented were the following reasons to his colleagues yesterday for support in overriding the Governor's veto.

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R E A S O N S

TO  REORGANIZE  THE  COURTS

1. The Judicial Council shall administer the operations of the judiciary, and shall promulgate rules, regulation and policy governing personnel, procurement, finance, and travel.
    

2. The Judicial Council is reconfigured to Five (5) Members with the Chief Justice as Chairman, Two (2) Supreme Court Associate Justices, and Two (2) Superior Court Judges including the Presiding Judge.
    

3. The Judicial Council is given the authority to consolidate the Superior Court and Supreme Court Administrator Positions into a singular Administrator of Courts.
    

4. The Supreme Court of Guam shall be the highest Court of Guam and shall have supervisory but not administrative authority over the Courts of Guam.
    

5. The Drug Court is established as a Court of Record and a division of the Superior Court of Guam
    

6. The four (4) part-time associate justices of the Supreme Court are eliminated.
    

7. The Presiding Judge must randomly assign cases amongst the Judges of the Superior Court.
    

8. Superior Court Judges are mandated to issue decisions within 180 days from the end of a trial or risk the suspension of their regular salary.
    

9. Small Claims Referees shall be appointed by the Judicial Council.
    

10. Family Division Hearing Officer shall be appointed by the Judicial Council.
     

11. The Judicial Building Fund shall be under the oversight of the revised Judicial Council.
     

12. Authority for the Speaker to nominate Supreme Court Justices is repealed in recognition the Governor’s authority.
     

13. Chairman of the Legislative Judiciary Committee is eliminated from the Judicial Council in recognition of the Separation of Powers Doctrine and Judicial Independence.
     

14. Attorney General is eliminated from the Judicial Council in recognition of the Separation of Powers Doctrine and Judicial Independence.
     

15. The Chief Probation Officer shall be appointed by the Judicial Council.
     

16. The Superior and Supreme Court Chief Marshal positions are consolidated into the Marshal of the Courts, to be appointed by the Judicial Council.
     

17. Office of the Attorney General and Court Appointed Attorneys shall be exempt from paying court transcript fees.
     

18. Supreme Court shall have original, in addition to appellate jurisdiction, for attorney discipline matters.
     

19. Employees and agents of the Guam Bar Association Ethics Committee and Ethics Prosecutors are guaranteed immunity from liability for official action.
     

20. Board of Law Library Trustees is revised and reconfigured.