The government of Guam has until Oct. 28 to file its appeal in the Dave Davis case with the U.S. Supreme Court.
That’s next Monday.
However, it wasn’t until this past Monday, Oct. 21, that governor Lou Leon Guerrero announced her intention to appeal the 9th Circuit Court’s decision striking down the Guam law authorizing a non-binding plebiscite on Guam’s political status.
The last-minute decision left the attorney who agreed to take on the appeal only a few days to prepare his case. Mike Phillips says he wants an extension of at least 60 days.
Unfortunately, Phillips says the request for an extension should have been filed with the Supreme Court last week, 10 days before this coming Monday’s appeal deadline.
According to the U.S. Supreme Court’s Rule 30, an extension request can be submitted less than 10 days before the filing deadline, but “such application will not be granted except in the most extraordinary circumstances.”
Phillips could still file an appeal, but he would have less than 5 days to prepare and submit it. He has decided instead to take advantage of one last opportunity to file for an extension, but the bar is now higher.
Instead of having to provide “a cause” for an extension, Phillips says he now has to convince the high court that “extraordinary circumstances” exist in order to justify the late filing of an extension request.
The governor told K-57’s Patti Arroyo that she did not learn that the date to ask for an extension had already passed until Wednesday morning. Phillips said he didn’t realize it either until after the governor asked him to take on the case this past Monday.
“I want to see if there is any way to recover and continue to go further,” said Phillips. He said he hopes to be able to file his request for an extension by Monday, which is the appeal filing deadline.