PUBLIC defender Douglas W. Hartig on Wednesday informed the Senate that he is joining 16 private attorneys in opposing and providing an alternative to House Bill 23-22 that seeks subpoena power for the Office of Attorney General.
In his letter to Senate President Deleon Guerrero and Senate Judiciary, Government and Law Committee chair, Sen. Celina R. Babauta, the public defender reiterated that his office has several serious concerns about the bill.
He told the senators that currently, states and the federal government that do allow subpoenas by agencies, are done for the purpose of very limited and narrowly tailored investigations or for a grand jury. Such is the case with the Office of Public Auditor.
Hartig said, Attorney Robert T. Torres is correct to point out a grand jury provides a check on unbridled power of an administration. Every state, and Guam, the public defender said, has a grand jury. Without this, he said, all residents are subject to an unprotected invasion of privacy and can be ordered to appear at the attorney general’s office to be interrogated about any matter, criminal or otherwise, about themselves or anyone, and produce anything the attorney general may want to look at.
“A free society is dependent on separation of powers and, checks and balances. As to subpoenas, it is the court which is a check on the executive branch (attorney general) as well providing a separate source of authority. This bill moves us closer to the authoritarianism, not away from it and should be opposed by all who want freedom,” Harti said.
