Attorney General Sues Leon Guerrero Administration Over Legal Fees

Attorney General Douglas Moylan has initiated legal action against the Leon Guerrero administration, claiming that it has unlawfully withheld payments for contracted attorneys tasked with handling the legal affairs of the Government of Guam. The lawsuit, filed in the Superior Court of Guam, seeks a court order to compel the administration to fulfill its financial obligations.

The dispute centers on allegations from the Attorney General’s office that Governor Lou Leon Guerrero and Department of Administration Director Ed Birn have impeded the payment process, thereby jeopardizing essential legal services. In a media statement, Moylan asserted, “This Governor for months now has ‘messed’ with the Attorney General being able to hire and pay for attorneys to serve our client.”

Moylan’s office has listed several attorneys whose fees are being contested, including William Pole, with invoices amounting to $25,520; Consovoy McCarthy PLLC, with $20,017.50; and Edward C. Han, with $4,600. The petition argues that these contracts were lawfully secured and contends that the governor lacks the authority to dictate the Attorney General’s hiring practices.

The legal action includes a request for the court to prevent further interference by the governor and her administration, while also labeling the refusal to pay as an unlawful withholding of a ministerial duty. In addition to the lawsuit, Moylan has called upon lawmakers to consider defunding the governor’s legal team and to conduct an oversight hearing on the Department of Administration. This communication was directed to Speaker Frank Blas Jr. and Senator Telo Taitague.

Official correspondence between the Attorney General’s office and the governor’s legal team reveals the rationale behind the non-payment. The governor’s attorneys have claimed that the contracts with Pole, McCarthy, and Han are part of approximately $1.5 million worth of illegal contracts for legal services procured by Moylan’s office. Despite the administration’s intention to appoint a special prosecutor to investigate these contracts, no formal legal action has been taken as of now.

The dispute over payment began on June 16, 2023, when Deputy Attorney General Lee Miller sent an email to Adelup legal counsel Jeffrey Moots, submitting several legal contracts for review and requesting the governor’s approval. Notably, this communication followed a recent ruling by Superior Court Judge Elyze Iriarte, which established that the governor’s signature is required on contracts obtained by the Attorney General’s office. Miller’s email reaffirmed the AG’s office’s disagreement with the court ruling, even while seeking the governor’s approval.

In subsequent months, Miller sought updates from Moots regarding the status of the contracts. On October 13, 2023, Moots responded, indicating that the governor would not approve the Pole contract on the grounds that it had not been procured in compliance with the law. He emphasized that Guam law permits the Attorney General to contract only for “legal consultant services” and not for routine legal work that could be performed by assistant attorneys general.

Moots also identified legal deficiencies with contracts from the Torres Law Group and the McDonald Law Office, which had been previously ruled illegal by Judge Maria Cenzon. Moreover, Moots pointed out the absence of a required procurement file for other contracts submitted, including those for Consovoy McCarthy and Han.

In a response dated October 16, 2023, the Attorney General’s office reiterated its disagreement with the claims made by Moots, asserting that each legal contract complied with Guam law. The AG’s office also threatened legal action should payments not be processed by October 22, 2023, accusing the governor of obstructing its operations.

In his follow-up, Moots reiterated that without a valid contract executed in accordance with the law, there was no legal basis for the attorneys to receive payments for services rendered on behalf of the Government of Guam.

This ongoing legal confrontation adds to a series of disputes between Moylan’s office and the Leon Guerrero administration, many of which have been linked to various projects, including the controversial Mangilao hospital project. As the situation develops, the resolution of these disputes will significantly impact the operational capabilities of the Attorney General’s office and the administration’s approach to legal matters.