The Guam Bar Association is asking the Supreme Court of Guam to appoint government attorneys, with the exception of prosecutors, to represent indigent defendants.
On Thursday afternoon, during the Judicial Council of Guam monthly meeting, Guam Bar Association President Jacqueline Terlaje gave a brief report on the GBA annual meeting held March 19.
Terlaje said that in the meeting, members of the GBA adopted a resolution to recommend the Supreme Court change the way attorneys are appointed to represent indigent defendants, or defendants unable to pay for an attorney.
When indigent defendants are charged with crimes, initially, attorneys are appointed from either the Public Defender Service Corp. or the Alternate Public Defender to represent them. However, if the public defenders withdraw, attorneys on the private attorney panel are appointed to represent the defendants.
In November 2023, the Judiciary of Guam, considering "dwindling" private attorney panel membership, temporarily suspended appointing attorneys to the panel for six months "to alleviate the strain on the lawyers voluntarily serving on these panels," a promulgation order from the Supreme Court of Guam stated.
During the six-month suspension, all active members of the GBA, except government-employed lawyers and lawyers who do not reside in Guam, were to be on the list of possible appointments for indigent defendants.
Terlaje said the GBA meeting to discuss the issue "garnered quite a bit of attendance" with 94 members present, before coming to the adoption of the resolution, which would require government attorneys to be up for indigent defense appointments.
"We are making a recommendation to the Supreme Court that they adopt a provision that requires attorneys who are also performing in a government capacity and who do not have a conflict or prosecutorial function or (are) serving in a current defense entity, ... that all government attorneys also serve as part of the court-appointed system," said Terlaje, who indicated she sent the resolution to the Judiciary of Guam.
Membership
Terlaje also discussed a "tremendous concern" related to the "slight decline" in GBA membership.
In efforts to address the decline, Terlaje said the GBA is working to add students pursuing the Juris Doctorate, or law degree, back to the list of scholarship applicants eligible for the University of Guam Jesus U. Torres Professional/Technical, or PROTECH, Award.
The PROTECH Award assists recipients in paying for an advanced degree on the condition they return to Guam for employment. According to the current application packet, one year of employment on the island is required for each $10,000 received for schooling.
Terlaje stated at the hearing that she reached out to Supreme Court of Guam Chief Justice Robert Torres and will send a letter requesting support from the Judiciary in putting the Juris Doctorate back on the list.
