Marianas Variety Guam Edition

Gatewood says recusal motion ‘seriously flawed’

ATTORNEY Stephanie Flores, who has sought the recusal of federal court Chief Judge Francis Tydingco-Gatewood from the solid waste case, is facing sanction for filing a motion that the judge said has “serious flaws.”

Gatewood yesterday issued the sanction warning after dismissing the motion that Flores filed on behalf of Vice Speaker BJ Cruz and supposedly the legislature for alleged conflict of interest.

The judge issued an “order to show cause” for Flores to prove why the court should not sanction her under the Federal Rules of Civil and Criminal Procedure and the Rules of Professional Conduct.

Among the “serious flaws” in Flores’ motion include the “procedurally improper” representation of the legislature, Gatewood said.

The motion sought Gatewood’s disqualification from the case on grounds that her supposed “aunt,” Jeannette Leon Guerrero, has a stake in the Santa Rita property, where a private landfill is proposed to be built by Guam Resources Recovery Partner.

Gatewood said she was not related to Leon Guerrero.

Although she was hired by Cruz, the motion filed by Flores identified the legislature as the party seeking the motion for recusal. Speaker Judi Won Pat last week said the legislature had nothing to do with the motion.

AGO’s client

Gatewood stated in her order that the legislature is part of the government of Guam, the defendant in the case, and should be represented by the attorney general. Even if the legislature wanted to enter into the case as a third party there were other legal procedures that would need to be taken first, the judge added.

Gatewood also admonished Flores for citing a “frivolous legal theory.”

The judge noted that the entire motion relied on an interpretation that the Ordot case consent decree allows the government of Guam to renounce its obligations by building something that “generically qualifies as a landfill.”

Gatewood said such argument is “unreasonable” and “undefensible.”

Inadequate

Gatewood also said Flores’ motion was “factually inadequate” when she referred to Leon Guerrero as her relative.

Gatewood said “there is no disqualifying familial relationship” with Leon Guerrero by “blood or marriage.” She also reiterated that she has no knowledge of what properties Leon Guerrero owns.

“Taken together, these errors appear reckless or incompetent, and seem inconsistent with Ms. Flores’ duty,” the judge stated in the order to show cause.

Gatewood said the “court issues this order in dismay” because she has been familiar with Flores and her work for many years, and “the motion is uncharacteristic of Ms. Flores and her work.”  

The judge goes on to say she “has always been impressed by the way in which she has managed to balance vigorous representation of her clients’ interests with attention to her obligations under the Federal Rules of Civil and Criminal Procedure and the Rules of Professional Conduct.”

Flores must account for each of the errors described in the order by explaining how they were reasonable. Her response is due by Nov.3, and then the court will set a hearing date.

---