Attorney General Douglas Moylan said he welcomed the ethics inquiry against him ordered this week by the Guam Supreme Court.

The issue involves Moylan's use of Superior Court Presiding Judge Alberto Lamorena as a reference in campaign documents.

The high court's order follows a defense motion in the case against Public Health Director Art San Agustin, who's been charged with the unlawful approval of public school sanitary permits.

His counsel, Jay Arriola, was seeking to disqualify Judge Alberto Lamorena for a conflict of interest because he was named as a reference in AG Moylan's campaign documents.

Judge Lamorena denied giving Moylan permission to do so, which then raised the question of whether Moylan's use of Lamorena's name without his knowledge or consent is itself an ethics violation.

Moylan said it was just a listing on his resume' for the time he worked as a court attorney.

“My boss was currently presiding Judge Lamorena, he was presiding judge back then as well. In a curriculum vitae you put references to who was your boss essentially, and if you google it online that's not meant to say they endorse you. That's meant to verify what the first six pages of my resume or curriculum vitae stated. And that's nationally accepted. Its a professional way of showing who you are and what your are but giving the reader the ability to check it,” Moylan said. 

Moylan continued to add, “Again I welcome the inquiry. I think we need to discuss this because it dealt with an election. You deal with elections free speech, equal protections and due process, which our constitution guarantees to all of us citizens is important. I use the example also of lt. Governor Josh Tenorio, he also worked for the Judiciary of Guam, and I wanna say and I'm checking it right now, his hiring authority, his boss is the Chief Justice. Can he not put in the resume that the Chief Justice is a reference, a professional reference of his resume. That's what the question raises, there's no rule specifically on point.”

Moylan also said the issue needs to be clarified about whether a lawyer such as himself should be sanctioned for listing a judge as a reference in a CV.

“So is the standard different for lawyers? Do we have to be held to a stricter standard that they could sanction us as a lawyer?  What about the non lawyer, why don't they get sanctioned? The same effect, I understand the courts do not want their influence being peddled, influence peddling stuff like that. But it wasn't like I was saying please vote for me and the presiding judge thinks I'm a good guy, nothing in that document,” He said. 

The question has been referred to the Office of Regulation Counsel, which is headed by Attorney Alicia Limtiaco, a former AG herself who defeated Moylan in the 2006 election.

We asked the court for a statement, however according to the Office of Regulation Counsel, matters are confidential before and unless there is a filing and service of formal charges in a discipline matter. So, in other words at this point there is no comment.