Klitzkie: Court has no jurisdiction to hear AG procurement lawsuit | Guam News

Former Senator Robert Klitzkie has asked to file an amicus curiae brief, a legal brief from someone who is not a party to a case, as part of the quarantine lawsuit filed by the attorney general’s office.

Through the lawsuit, the OAG is seeking clarification from the courts on Guam’s public procurement law as it applies to the Governor’s acquisition of quarantine facilities, and the validity of the law on public procurement during a public health emergency in light of the Emergency Health Powers Act and the Governor’s decision. order declaring an emergency.

Klitzkie is represented by attorney Douglas Moylan.

“There is no defendant or respondent in AG’s lawsuit; it sued four contracts,” Klitzkie said in a statement, referring to the four agreements for quarantine sites listed as defendants in the lawsuit. OAG case.

“There is no cause or controversy. Because there is no cause or controversy and no defendant or respondent, the Superior Court has no jurisdiction but there is no party before the court to raise this dispute. Thus, my motion to file an amicus curiae or as a friend of the court,” Klitzkie said.

The OAG lawsuit attempts to clarify the findings of the Office of Public Accountability’s audit of the purchase of quarantine and isolation facilities.

Despite a May 2021 Guam Supreme Court opinion that the governor has broad authority to establish, maintain, and operate quarantine stations, the OPA released an audit in July 2021 legally concluding that the governor does not had no authority to procure quarantine facilities and that its authority under the Emergency Health Powers Act was limited by Guam’s procurement law, the OAG said.

The governor’s office obtained four facilities at a total cost of approximately $2.5 million.

The four initial facilities were the Pacific Star Resort & Spa, Days Inn, Wyndham Garden Guam and Hotel Santa Fe Guam, records show.

Klitzkie’s motion to file an amicus curiae brief highlights ‘salient feature’ of OPA audit as section on potential conflict of interest involving former counsel to Office of Governor . Haig Huynh was the lawyer at the time, and he is also the governor’s son-in-law.

It emerged there was a potential conflict with Huynh in charge of the initial procurement as his immediate family had a financial interest in one of the award-winning hotels, which was publicized by local media, according to the report.

“The substance of the AG’s ‘complaint’ is that the public auditor’s report … is in error and that the governor did not violate any law,” Klitzkie said in his statement.

“The ‘complaint’ completely ignores this part of the public auditor’s report,” he added, pointing to the section on potential conflict of interest.

The amicus curiae motion states that the AG must either take legal action against a government official who has broken or will break the law, find that no law has been broken, or decide that a law has been breached and choose not to proceed at its discretion.

The OAG lawsuit does none of that and asks the court to provide legal advice so that the AG may or may not act on a specific set of facts with the court’s decision as its primary focus, the motion added.

“The petitioner’s action compels the Guam Judiciary to issue a legal opinion in this and future cases that the petitioner will use to either: (i) find no wrongdoing on the part of the CEO because the court “said” or (ii) bring an action against the CEO for wrongdoing,” the motion states in its conclusion.

That is not the role of the judiciary, nor should the judiciary allow itself to be used as “an instrument” of the MPC, the motion continues.

“If the court allows the action to proceed, it portends many more astutely pleaded actions by the petitioner violating the separation of powers between our branches of government. The AG must either pursue civil and/or criminal wrongdoing, and not prosecute because there is no wrongdoing, or simply postpone prosecution for wrongdoing without the involvement of the judiciary,” he added.

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