A World Of Controversy

Controversy actually began during the four-way race for the office. Five weeks before the election, polls showed Moylan trailing the leading candidate by eight per cent. Soon after, a television advertisement appeared featuring three well-known local physicians who accused the front runner of professional irresponsibility while he was the attorney for Guam Memorial Hospital. In the subsequent election, Moylan garnered 43% of the vote and his closest opponent 29%.

Guam Attorney General Douglas Moylan Photo: Frank Whitman

The governor appointed Guam's previous attorney generals. But local officials successfully advocated for a change in the AG's status in order to free the office from the partisan political arena, presumably so the AG would be more responsive to allegations of wrongdoing within the government. The change required an amendment to the Organic Act-the 1950 federal law which established the current Guam government-as well as local legislation.

Moylan charged into the position he sees as being similar in name, but little else, to the office held by previous AGs. "In the past the attorney general was protecting the government against the people, but never really advocated for the people," he says. "There are three primary duties of the attorney general. The first duty is to protect the public interest. The second duty is to set uniform legal policy throughout the entire government of Guam. And the third duty is to reduce the overall legal expenses for the government."

The first controversy and, Moylan says, the biggest source of friction between himself and the administration is the contracts for legal services for autonomous government agencies-the airport, the commercial port, the utility agencies and others-usually awarded to private attorneys. Moylan took the position that he is the sole legal representative of the government, and must represent the agencies in order to set uniform legal policy and can do so at reduced cost. The autonomous agencies generate revenue and Moylan contends the contracts are lucrative and a way for the politicians to reward political supporters. "You had certain lawyers in the last administration that became very wealthy because of Carl Gutierrez," he claims.

When Camacho in May 2003 announced that as part of his economic plan he intended to sell a $246 million bond, Moylan blocked the move. Claiming that the bond would push government of Guam debt above a federal limit, he took the case first to local court and when local judges okayed the sale, he appealed to the federal Ninth District Court of Appeals from which a decision is expected.

When a jury in June acquitted Gutierrez and two former administration officials of diverting government materials and labor to build a beach house for Gutierrez, many in the community were surprised, including Moylan.

The following week, a third indictment of Gutierrez was unsealed-alleging that he had conspired with government retirement fund officials to boost his retirement annuity.

Meanwhile, in July 2003 Moylan's now ex-wife filed for divorce and claimed she had been assaulted by Moylan. He responded with similar charges against her.

Moylan says his mandate, under the Organic Act, has set him up "to take on every power center in this government." Residual support for Gutierrez in the legislature and court system, the challenges to the governor's authority and the attempts to take over the private attorney contracts have left him with little support, he says.

Most of the judges on Guam's courts were appointed by Gutierrez. Moylan says the result is the effort to collect back rent and then to evict his offices. He's refused to pay the rent claiming he doesn't have the money in his budget. The legislature includes members of Gutierrez's cabinet and so his 2005 budget has been frozen at current levels. "That has been the most effective way to undermine this office, through a lack of funding," Moylan says.