Douglas B. Moylan, Attorney General of Guam v. Lourdes Leon Guerrero, Governor of Guam

In the Guam Organic Act, Congress created and empowered an Attorney General for Guam. 48 U.S.C. §1421g(d)(1). Congress also gave the Guam Legislature limited authority to regulate the powers and duties of the Attorney General. Id. §§1423a, 1423(a). The Guam Legislature prescribed, among other things, the Attorney General’s powers to prosecute crimes (including against government officials), to represent executive agencies, and to appoint subordinates. 5 G.C.A. §§30101, 30103, 30104. But at the Guam Governor’s request, the Supreme Court of Guam upended the Organic Act’s separation of powers by ordering how the Attorney General must prosecute crimes, represent executive agencies, and appoint subordinates, in derogation of his dual duties to serve as the public prosecutor and chief legal officer. The questions presented are:

1. Whether the Supreme Court of Guam violated the Guam Organic Act’s designation of the Attorney General of Guam as the “Chief Legal Officer of the Government of Guam,” 48 U.S.C. §1421g(d)(1), by ruling that the Governor of Guam can appoint Special Assistant Attorneys General even though the Guam Legislature has vested that authority exclusively in the Guam Attorney General.

2. Whether the Supreme Court of Guam violated the Guam Organic Act by preventing the Attorney General from performing his congressionally assigned duties to serve as both the Territory’s public prosecutor and the civil attorney for executive agencies, 48 U.S.C. §1421g. (i)