HAGÅTÑA (The Guam Daily Post) — The Guam Education Board is no longer represented by the Office of the Attorney General in the Adequate Education Act lawsuit.
In an emergency meeting held Tuesday, the board accepted the withdrawals of Deputy Attorney General Joseph Guthrie and attorney Fred Nishihira, both lawyers with the OAG.
The AG’s office has withdrawn its representation from a number of government of Guam agencies. And although it was not noted in the meeting, the Guam Department of Education is under investigation by the attorney general.
The vote to accept the AG’s withdrawal was approved by a vote of 7-2.
GEB Vice Chair Angel Sablan asked if the decision included representation for the superintendent, who is a named defendant in the lawsuit.
In the lawsuit, it is alleged that the board, along with GDOE Superintendent Kenneth Erik Swanson, failed to provide an adequate education for special needs students by not providing a safe and healthy environment and not having a certified teacher in every classroom.
But because Swanson is named individually in the complaint, GEB Chair Mary Okada said the decision was for the board to make, as the superintendent can designate his attorney.
With the AG’s attorneys withdrawn, the board addressed the need for new legal counsel.
Sablan, in turn, questioned whether conflict would arise between defendants.
“Because the superintendent is represented by legal counsel and not necessarily representing the board, will the two attorneys, … if they are representatives, be able to decide whether they are conflicted or not when it comes to this litigation if the board’s actions differ from the superintendent?” Sablan said.
Board member Maria Gutierrez said she believes conflict is bound to occur.
“I think there will be a conflict because there’s nine of us. Not all of the nine will agree that there’ll be a conflict because we have not seen a plan of what the department is going to do to resolve the remedies that’s being sought by the plaintiff,” Gutierrez said.
When the lawsuit was first brought against the board, Gutierrez did not challenge it, as she had warned the board on numerous occasions that a lawsuit was imminent.
“For me as a board member, at the beginning, I said I would not challenge this lawsuit because it’s true there would be a conflict because one of the attorneys is also the attorney for (the Division of Special Education). So, are you sure there’s going to be no conflict? I don’t think so. There will be a conflict,” Gutierrez said.
Despite concerns, the board voted to accept new legal counsel.
The Guam Education Board gathers for an emergency meeting in Tiyan on Tuesday, March 5, 2024. Seen, from left, are board member Maria Gutierrez, Vice Chair Angel Sablan, Chair Mary Okada and Guam Department of Education Superintendent Kenneth Erik Swanson.
