HAGÅTÑA (The Guam Daily Post) — The Superior Court of Guam has dismissed the case involving a motion by the Department of Administration to quash a subpoena issued by the Office of the Attorney General. The dismissal was based on a stipulation between the parties.
The DOA case was among three known from earlier this year regarding motions to quash subpoenas issued by the OAG. The other two, involving the Office of the Governor and Guam Homeland Security/Office of Civil Defense, were sealed and remain sealed at the Superior Court.
The OAG issued several subpoenas in June, after the passage of Typhoon Mawar, demanding testimony and records from DOA, the governor’s office, GHS/OCD, Guam Power Authority, Guam Waterworks Authority and the Consolidated Commission on Utilities.
While the first three entities challenged the subpoenas in court, the latter three decided to comply.
Some of the records demanded by the OAG appear related to Typhoon Mawar response and preparation, while others cite dates well before the storm. In challenging the subpoenas, DOA, the governor’s office and GHS/OCD have described them as being overly broad and a “fishing expedition.”
DOA also wanted to disqualify the OAG as counsel for the department and wanted the appointment of a special attorney general. In a declaration filed with the Superior Court in June, DOA Director Edward Birn said he could not proceed without legal counsel and did not feel the agency was receiving necessary advice regarding the subpoena at issue.
It appears the OAG actually sent a number of subpoenas to DOA or its divisions, as Birn’s declaration states different subpoenas were received in February, early June and mid-June. Birn requested legal representation from the OAG regarding the subpoenas but had not received responses as of the time of his declaration.
However, the stipulation between DOA and the OAG, signed in late October, does show Deputy AG Darlow Graham Botha representing DOA.
The Guam Judicial Center is seen Tuesday, Dec. 26, 2023, in Hagåtña.
