Vol. 34 No.212
       ©2007 Marianas Variety
Wednesday, January 10, 2007 www.mvariety.com
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Guam to wait for months on court’s bond opinion

By Gina Tabonares
Variety News Staff

THE Camacho administration’s bond borrowing plan is now in the hands of the U.S. Supreme Court which is expected to issue an opinion on the two questions concerning the territory’s bond issues in at least six months.
For more than an hour, U.S. Supreme Court Chief Justice John Roberts Jr. and eight associate justices took turns asking the lawyers for the Attorney General’s Office and the Office of the Governor.
The U.S. Supreme Court heard the arguments of both parties on whether the highest court has jurisdiction on the petition which was reportedly filed "untimely," and whether the local Supreme Court misinterpreted the phrase "aggregate tax valuation" in the Guam Organic Act debt limitation provision. (See related story on page 2)
Attorney General Alicia Limtiaco, who witnessed the oral argument along with Gov. Felix P. Camacho in Washington, D.C., told Variety that U.S. Supreme Court justices who traditionally take each case under advisement are not expected to release their opinion not until they reconvene in June.
According to Limtiaco, the high court calendar usually begins on the first Monday of October and continues until late June or early July.
By the end of May or by early June, the Supreme Court only reconvenes only to announce orders and opinions, said Limtiaco.
She said the justices’ opinion on the Guam questions can be expected by middle of this year.
Limtiaco said the lawyers for the petitioner and the respondent did an excellent job in presenting their arguments despite the many questions thrown to them by the justices.
She said contrary to traditional court procedure where each party is given 30 minutes to present their case, the U.S. Supreme Court justices started throwing their questions immediately after the lawyers began their case presentation.
She said during the hearing, it was apparent that the U.S. Supreme Court has sincere interest in Guam with the way the numerous questions were asked.
"They took the case very seriously and the questions the justices asked were challenging and focused on the legal issues presented before them. Most of the time, they wanted answers right away to their questions," Limtiaco said.
She said she was pleased that she represented the AGO and the people of Guam in pursuing the final resolution of the issue.
"Once the high court decides on the matter, the people of Guam can move forward accordingly," she said.
The questions raised by Limtiaco’s predecessor, former Attorney General Douglas Moylan, is considered one of the most pivotal issues for Guam because the government is relying on the court decision to pursue its bond borrowing plans.
Atty. Dan Benjamin of Calvo & Clark, who represents the Office of the Governor, recognizes the importance of the question but maintains that the U.S. Supreme Court has no jurisdiction on the matter because it was already decided by the local Supreme Court and that the petitioner did not actually obtain an extension of time for filing the case.