HAGÅTÑA (The Guam Daily Post) — Superior Court of Guam Presiding Judge Alberto Lamorena III has been disqualified as the sitting judge in the Department of Public Health and Social Services corruption case.
On Wednesday afternoon, DPHSS Director Arthur San Agustin and chief environmental health officer Masatomo “Tom” Nadeau’s request to disqualify Lamorena from presiding in their case, where they face charges related to approving sanitary permits for 15 public schools without performing legally required inspections, was granted by Superior Court Judge John Terlaje.
The objection requesting Lamorena’s recusal was argued orally on Dec. 26, 2023, when San Agustin and Nadeau’s attorneys, Joaquin “Jay” Arriola Jr. and Patrick Civille, respectively, called for Lamorena’s disqualification, considering he had recused himself in another corruption case involving the Guam Regional Transit Authority.
Lamorena in that case recused himself after the Office of the Governor was subpoenaed by the Office of the Attorney General and stated his reasons were because of his personal relationship with Gov. Lou Leon Guerrero and Leon Guerrero’s family.
Lamorena further stated the “facts and issues” in the DPHSS case were “sufficiently different.”
In response, Arriola and Civille argued the DPHSS case will involve an even closer analysis of the communications between San Agustin, Nadeau and Adelup than the GRTA case because Public Health is a line agency and reports directly to the governor.
Arriola and Civille also stated subpoenas will be filed at some point.
Granted
In Terlaje’s decision and order granting the request to disqualify Lamorena, Terlaje stated the facts are “very similar” to the GRTA case.
“The defendants argue convincingly that their defense will raise issues relating to chronic understaffing and underfunding of DPHSS, the overburdening of DPHSS with mandates, the requirement that DPHSS triage among the many mandates it has been given and the role of the Office of the Governor in addressing these issues,” Terlaje stated.
Terlaje, a newly appointed judge, further added Lamorena was initially correct. However, Arriola and Civille indicating subpoenas will be issued could lead a “reasonable person” to question Lamorena’s impartiality based on his analysis in the GRTA case.
Additionally, Terlaje also explained that since “an imminent subpoena is on record,” denying disqualification would be a waste of time.
“It would be a waste of this court’s resources to deny a disqualification now, only to turn around and grant the disqualification once a subpoena is properly in the record. On the contrary, the disqualification statute is meant to promote judicial economy. Therefore, in the interest of that economy, Presiding Judge Lamorena should be disqualified at this juncture, not after this court has used up more resources,” Terlaje stated.
On Thursday, Arriola confirmed with The Guam Daily Post that Judge Arthur Barcinas has been appointed following Lamorena’s disqualification.
Supreme Court
Lamorena’s disqualification comes after the second request for his removal.
The first, according to Post files, was made on the grounds Lamorena should be disqualified because his name was used as a professional reference on Attorney General Douglas Moylan’s resume posted on social media during his campaign for office in 2022.
Lamorena also denied that request, which was later reviewed by Judge Alberto Tolentino, despite the fact that Tolentino had recused himself in the case due to a conflict of interest.
Tolentino’s decision led to the issue being brought before the Supreme Court of Guam, which ruled Tolentino should not have reviewed Lamorena’s disqualification. The higher court also ruled Lamorena would remain on the case. However, he would have to amend his answer to the objection and contact Moylan about using Lamorena’s name.
In light of the efforts taken to ensure an impartial judge, Arriola told the Post, “Defendants should not have to expend thousands in attorney fees to obtain a fair and impartial judge.”
“When judges refuse to disqualify themselves when appropriately challenged, public trust and confidence in our Judiciary is severely diminished,” Arriola added.
Arthur San Agustin, director of the Department of Public Health and Social Services, arrives at the Guam Judicial Center in Hagåtña ahead of a court hearing on Aug. 29, 2023.
