By By Joe Taitano II Pacific Daily News
Copyright guampdn
Gov. Lou Leon Guerrero’s request for a special prosecutor to investigate alleged hiring and promotion violations at Attorney General Douglas Moylan’s office will stay frozen in local court until at least December, with parties still arguing the matter before a federal judge.
Superior Court Judge John Terlaje on Tuesday told parties to come back by Dec. 16 for an update on the status of the case.
The matter is now pending before the U.S. District Court of Guam. Attorneys for the Office of the Governor want it sent back to local court for Terlaje to decide.
Both Moylan and Leon Guerrero’s terms expire at the end of next year, and the clock is ticking on the various legal actions the AG and the governor have taken against each other.
Leon Guerrero can’t run again due to term limits, and Moylan has yet to confirm a 2026 reelection bid.
The governor filed the lawsuit seeking a special prosecutor with the Superior Court in March.
The governor alleges Moylan hired over 80 unclassified, at-will employees without any legal authority, and wrongfully hired and promoted his brother and fiancée.
But the case remained on hold since July 1, when the AG filed to remove the case to the District Court.
Moylan has denied the allegations and argued that the governor is retaliating against him for investigations and prosecutions of her cabinet, and the dispute over the Mangilao hospital project.
Adelup legal counsel Leslie Travis on Tuesday told Judge Terlaje that the case has been fully briefed in federal court.
She said the AG’s office has requested a hearing to argue the case, which is pending.
There are various arguments raised by both sides in federal court.
Moylan in July asked U.S. Attorney General Pam Bondi to intervene, arguing that the governor is unconstitutionally trying to remove him from his role by having a special prosecutor appointed.
Last month, attorneys for Adelup asked the court to send the matter back to the Superior Court. They argued that Moylan filed for removal after a 30-day window to do so expired.
The AG’s office, in response, asked the court to pause the case while the Supreme Court of the United States decides a matter that could have implications for the removal.
Nessel v. Enbridge Energy, the AG’s office stated in an Aug. 5 motion, deals directly with whether U.S. District Courts can excuse the 30-day filing deadline.
Attorneys for the governor have argued that waiting for a SCOTUS ruling could delay the case all the way up until next July.
The AG’s office has asked the court to schedule oral arguments in the case.
No date was set as of Tuesday.