HAGÅTÑA (The Guam Daily Post) — The Office of the Attorney General is asking for reconsideration in allowing a public defender to represent a government of Guam employee facing corruption charges.
Last month, seven GovGuam employees were indicted by the AG’s Government Corruption Division, including Jennifer Badar Cruz, the certifying officer for the Guam Regional Transit Authority.
Cruz is charged with theft by deception as a second-degree felony, tampering with public records as a third-degree felony, conspiracy for misapplication of entrusted funds as a third-degree felony, misapplication of entrusted funds as a misdemeanor, and official misconduct as a misdemeanor.
The charges stem from Richard Ybanez, GRTA’s former interim executive manager, not having a requisite college degree to serve in the position between April 2022 and May 2023. Cruz is accused of furthering the illegal action.
Since then Cruz, Ybanez and the five other government employees, including members of the GRTA board and two Department of Public Health and Social Services officials, have pleaded not guilty to the charges and are set to go to trial next month.
Cruz was one of the last to answer to her charges because she said she was unable to hire an attorney while also not being eligible for the services of the Public Defender Service Corp.
On Tuesday, Stephen Hattori, the Public Defender Service Corp. executive director, was allowed by Magistrate Judge Benjamin Sison to represent Cruz.
Cruz’s motion stated she sought services from at least four attorneys who were seeking retainers in excess of $20,000, and that paying an attorney would present a “substantial hardship.”
Reconsideration
On Thursday, Assistant Attorney General Gloria Rudolph of the Government Corruption Division wrote a letter to the Judiciary of Guam, addressed to Supreme Court of Guam Chief Justice Robert Torres, who also is the chair of the Public Defender Service Corp. board of trustees.
In the letter, Rudolph requests reconsideration for allowing the Public Defender to represent Cruz, stating the representation violates Guam law because Cruz does not qualify for the corporation’s legal services.
“Ms. Cruz earns far more than any qualifying income that is allowed in any existing regime,” Rudolph wrote. “Based upon her financial affidavit, Ms. Cruz would not qualify even if the income guidelines had been updated.”
Guidelines established in 2011 state defendants who can’t afford an attorney are able to have one appointed if their hourly wage is $10; the number of dependents also is considered.
Cruz makes $23.44 per hour, has no dependents and owns $220,000 in property, which includes a house and a lot, and three vehicles.
Rudolph’s letter calls Hattori’s action “reckless,” as it violates Guam law and eligibility guidelines.
“As you know, many defendants who are far worse off financially than Ms. Cruz is, and who were being detained while unrepresented, have been turned away by the (Public Defender),” Rudolph wrote, adding that countless convictions could be upended for defendants who had to pay for private attorneys or were forced to represent themselves.
Response from Torres
On Friday, The Guam Daily Post sought comment from Judiciary spokesperson Sarah Elmore-Hernandez regarding the letter from the AG’s office.
Elmore-Hernandez issued a response “on behalf of the chief justice in his capacity as the chairman of the Public Defender Service Corporation board” that “does not reflect the position of the judicial branch.”
“Chief Justice Torres received the attorney general’s letter at 4:55 p.m. (Thursday),” the response stated. “Due to the nature of the letter, as chairman of the PDSC board, the chief justice will exercise due diligence and carefully review the concern raised. The chief justice will raise the issue before the board and allow the board an opportunity to address the concern.”
The official seal of the Office of the Attorney General of Guam, is pictured Thursday, Aug. 17, 2023, at the Guam International Trade Center in Tamuning.
