HAGÅTÑA (The Guam Daily Post) — The number of private attorneys on the island able to represent indigent defendants, or defendants who cannot afford an attorney, has reached “crisis mode,” according to attorney Joaquin “Jay” Arriola Jr.
On Thursday, Guam Bar Association President Jacqueline Terlaje reported during the Judicial Council of Guam monthly meeting that members of the Bar adopted a resolution to recommend the Supreme Court of Guam change the way attorneys are appointed to represent indigent defendants.
Currently, if public defenders withdraw from representing indigent defendants, magistrate judges pick names from the list of all active members of the GBA, with the exception of government-employed lawyers and lawyers who do not reside in Guam, to represent the indigent defendants.
The resolution adopted by the Bar would effectively put all government attorneys, except prosecutors and defense attorneys, on the list of names to be chosen.
Joaquin “Jay” Arriola Jr., member-at-large of the GBA board of governors, told The Guam Daily Post that the suggestion to add government attorneys is a resolution to the current problem of there not being enough private lawyers on the island to represent indigent defendants.
“It’s kind of gotten a lot of attention because it has reached a crisis mode and all that involves the aging out, if you will, of the lawyers and a generational gap that we are experiencing, but it’s not something that’s insurmountable,” Arriola said.
The Judiciary temporarily instituted the new system of picking attorneys among all active Bar members to address the “dwindling” private attorney panel membership.
As of Thursday, the private attorney panel had four names on the list for felony cases and two names for misdemeanor cases, according to the Judiciary’s website.
Arriola, however, stated the numbers are significant, considering that in past years the list of attorneys was about a dozen, and now shrinks to only a handful.
Arriola further stated the current number of private attorneys on the island is about 124. So, adding government attorneys – not including prosecutors – to the list would add another 50 attorneys eligible to represent indigent defendants.
“There are a number of government lawyers that are not included and that is the purpose of that resolution was to start including them because there is a sentiment that even government lawyers should be able to provide these types of services that the private bar cannot,” said Arriola, who said most lawyers should be able to handle misdemeanor cases at the least.
“Perhaps in a misdemeanor family violence or family violence case, any lawyer should be able to handle that.”
Effects
In speaking with the Post, Arriola continued to discuss how all private lawyers are being affected by the shortage.
Some have decided to go inactive, or effectively not practice law at all, to get out of being appointed to represent indigent defendants.
“By forcing these lawyers to come into court to do these cases, … the court is forcing them, if you will, to go inactive, meaning they don’t practice law at all. That’s a shame,” said Arriola, adding that his law firm gets about five appointments a day that take time away from its civil cases.
“My civil clients can’t have their cases dealt with. That’s what the problem is from all the civil bar. … My divorce clients, my corporate clients, the banks, they want their work just as quick as a defendant sitting in jail,” Arriola added, conceding indigent defendants sitting in a jail cell “is not right.”
“The court is spending hours of time getting people a lawyer because lawyers are withdrawing, so it takes weeks just to get a lawyer. … That’s not right. People should not be sitting in a jail cell for weeks at a time just to know what the charge was, just to see their discovery and, most importantly, file a motion to get me out of jail. The system is bogging down, and I think the courts see it,” Arriola told the Post.
Terlaje said during the Judicial Council meeting that she forwarded the resolution to the Judiciary of Guam.
The Post asked for a comment from the Judiciary regarding the resolution, however, spokesperson Sarah Elmore-Hernandez responded, “The Judiciary does not comment on any pending or impending matters before the court.”
Meanwhile, attorneys from the Bar will continue to be selected for indigent cases until May 17.
The Guam Judicial Center is seen Feb. 12, 2024, in Hagåtña.
