Today, heated arguments took place in the high courts as the Attorney General’s conflict case began. 

The Governor’s legal counsel, Leslie Travis stated, “You cannot simply dump them or desert them.”

“As a lawyer, he is absolutely subject to Guam’s Rules of Professional Conduct,” Travis said. 

Supreme Court Justices heard arguments Monday for Governor Lou Leon Guerrero’s petition in the Attorney General’s conflict case. 

As you may recall, AG Doug Moylan withdrew representation for some 22 GovGuam agencies that his office is investigating based on audits from the public auditor. 

The AG argued there’s a conflict of interest in his dual roles as public prosecutor and civil advisor.

“When you think of the competing loyalties that the Attorney General faces, the Attorney General is the attorney for the people of Guam and has a duty pursuant to the legislature statutes that this is what you’re supposed to do,” said Moylan.

But Travis accused him of shirking his Organic Act duties and violating Guam’s Rule of Professional Conduct. 

“As a lawyer for these 22 agencies, he owes them undivided cornerstone duties of competence, communication, diligence, loyalty, and confidentiality, all of which he has unlawfully and unethically withheld from his agency clients,” stated Travis. 

Affected autonomous agencies such as the Guam Memorial Hospital Authority, Guam Waterworks Authority, Guam Power Authority, and Port Authority of Guam supported the Governor in a Joint Amicus brief. 

GMH’s legal counsel Jordan Pauluhn was also present during arguments. 

“He tries to tell us to hire our own [lawyer] and when we do, he tells us we cannot unless we get his permission then accuses us of misconduct. That is a textbook definition of gaslighting your honor,” said Pauluhn. 

Meantime, the Justices are in disagreement with the AG over his use of confidential information protected by attorney-client privilege to prosecute GovGuam officials. 

“If the person sits down and hears a crime being committed and cannot prosecute that individual, but that violates the congressional mandate in the legislature that you are the public prosecutor,” said Moylan. 

“No, it just means you can’t do it yourself. If there is an allegation of criminal wrongdoing, other prosecutors can investigate,” Associate Justice Philip Carbullido said.

“If you want to test the waters and violate the rules of ethics and have the regulation counsel after you, then continue your course of action,” he added.

“Your Honor, that’s why I withdrew,” said Moylan. 

It should be noted the lower court disqualified the AG and his office from prosecuting Transit Authority officials for hiring an unqualified general manager over this conflict of interest. 

No word yet on when the high court will be issuing a written order but the matter is under advisement.