HAGÅTÑA (The Guam Daily Post) — One of the latest developments in the ongoing saga involving the attorney general’s decision to temporarily pull out of representing agencies under investigation by his office is a letter from Gov. Lou Leon Guerrero to Attorney General Douglas Moylan, in which she seeks clarification on his position given the letters, public statements and “inconsistent” actions he’s made on the issue.
Specifically, the governor wanted to know whether the AG intended to rescind his Feb. 28 letter withdrawing representation from affected agencies; whether he agreed to provide legal services to the agencies, including responding to legal inquiries, representing agencies before the courts and the Civil Service Commission, and reviewing and approving procurement documents, plans, proposed regulations and other documents; whether he is serving as legal counsel when he reviews contracts; whether he is rescinding a Feb. 29 letter regarding how his office would handle document processing given an apparent shift in policy; and whether he will treat communications between attorneys in his office and affected agencies as confidential or privileged information.
When asked for comment on the governor’s letter, Moylan stated that his office continues to provide crucial legal services, and that not performing their duties is “not an option.” He added that his office is providing workarounds to comply with statutory duties and their ethical responsibilities as attorneys.
“We remind the governor that this situation was created by over a dozen departments and agencies that were either referred to our office for criminal and/or civil investigation by the elected public auditor, or needed to be investigated by our office based upon the public’s complaints,” Moylan told The Guam Daily Post on Thursday.
According to the governor’s office, Moylan had not submitted a response letter as of press time Thursday.
As indicated, the AG first announced on Feb. 28 that the Office of the Attorney General would withdraw from agencies under investigation by the office. The decision stemmed from conflict concerns raised by defense counsel in two corruption cases at the Superior Court of Guam because attorneys at the OAG provided legal advice to agencies in which former or current officials are now facing prosecution.
Moylan argues there is no conflict, but has withdrawn his office’s legal representation from affected agencies until the courts decide the matter. There are 22 government entities under investigation by the OAG, including the governor’s office.
In the Feb. 28 letter, Moylan stated his office would append a statement indicating it could not sign any document requiring the AG’s signature due to the potential conflict. The governor’s office raised concerns with the decision to withdraw, stating that it would negatively impact critical government procurements and services.
On Feb. 29, the AG issued another letter outlining what he called a “workaround” for document processing. The letter told affected government entities that they would need to agree to a waiver of legal representation to get documents processed.
Moylan said he met with the governor following the Feb. 29 letter, and that she appeared averse to having her Cabinet sign the waiver.
In her recent letter to the AG, the governor stated that she expressed serious concern over the waiver “based on the fact” that the AG is the attorney for affected agencies, and that the waiver “was particularly harmful to line agencies who do not have in-house or contract counsel.” Leon Guerrero stated that at that time, Moylan maintained he would not sign contracts unless agencies agreed to the waiver.
Following the meeting with the governor, the AG then stated that his office will still process and approve documents, but will stamp a disclaimer stating that the OAG is not serving as legal counsel for the agency or department. Moylan has, however, said that he still preferred government entities to submit the waiver.
“Contracts and procurement review continue to be process(ed) through our office. As before, contracts and procurements that affect the public’s welfare receive priority, including when other government officials or members of the public alert us of an emergency (that) needs to have the documents processed quicker than our normal 30-day legal review time. Our recent posting of the Contracts and Procurements Status Report on our website that is updated daily is our response to the disinformation being circulated,” Moylan told the Post Thursday.
Several matters have taken place since the AG issued his Feb. 28 letter, including an emergency session and two special sessions, none of which led to the passage of legislation meant to address the AG’s withdrawal. Agencies have also written about how the withdrawal would impact them or potentially impact them.
On Tuesday, the OAG announced the launch of its Contracts and Procurements Status Report, found on its website, to counter what it said were “inaccurate information” released by the governor and her Cabinet officials.
Attorney General Douglas Moylan answers a question during an emergency session of the Guam Legislature on Thursday, March 7, 2024, in Hagåtña.
