HAGÅTÑA (The Guam Daily Post) — The Supreme Court of Guam is reviewing a dispute involving a Guam Bar Association election, related to “whether temporary active members and nonresidents should serve as officers of the GBA.”
On Wednesday, the Guam Bar Association issued a press release discussing an election held in July in which members voted on various proposed amendments, which has since led some members to attempt to overrule the results.
The association said in the release that one of the most notable amendments was to determine whether temporary active members and nonresidents should be able to serve as officers of the Bar.
However, after the Bar certified the results and submitted them to the Supreme Court in August, 28 members filed a petition last month in an attempt to “overrule the election.”
Arguments
The primary argument for the petition was that the new class of “temporary active member” is inconsistent with the Guam Bar Association’s regulations.
Currently, the only two classes are active and inactive and, if a third is created, the petitioners argue “temporary active members” could be excluded from a “wide swath of rights and privileges associated with membership.”
The petitioners said temporary active members would not be able to serve as delegates to the American Bar Association’s House of Delegates; be president of the GBA; nominate or receive notices of nominations of officers; be nominated for vacancies on the board of governors; or even vote.
“And, all the while, ‘temporary active members’ will still remain subject to discipline by the Bar and likely be expected to pay annual dues to the Guam Bar Association.”
In response, the Guam Bar’s board of governors argued that not only did the board not abuse its power in trying to create the third class, but did not “establish a distinct membership class.”
The Bar additionally argues there are insufficient grounds to challenge the election and that 12 of the 28 petitioners didn’t vote, but even if they did, the results would not have changed.
“Therefore, petitioners have no basis for seeking to overturn the outcome of an election because the GBA diligently complied with the GBA rules and bylaws and the procedure was fair. The petitioners should not be allowed to cry over spilled milk,” the Guam Bar stated, requesting a dismissal of the petition.
The Guam Bar Association Office is seen Tuesday, Aug. 29, 2023, in Hagåtña. The results of a Guam Bar election approving new bylaws have been halted due to a petition filed in the Supreme Court of Guam. David Castro/The Guam Daily Post
