Guam – Embattled veterinarian Dr. Joel Joseph has won another round in Superior Court.
Judge Vern Perez has dismissed a harassment complaint filed by GovGuam against Dr. Joseph’s son, Benjamin Schiff, who is the business manager at Dr. Joseph’s Wise Owl veterinarian clinic.
GovGuam accused Schiff of disrupting meetings of the Guam Board of Allied Health Examiners [GBAHE] and the Health Professional Licensing Office [HPLO] at which complaints and disciplinary proceedings against Dr. Joseph’s practice were discussed.
The GovGuam accusations against Schiff are that he:
“attempts to ask questions which have been answered repeatedly before; he has raised his voice and complained about Board actions; he has attempted to force his way into the meeting room and that he has verbally harassed HPLO employees. Furthermore, the Government also provides that Defendant has remained after the conclusion of meetings and has refused to leave, prompting the calling of the Guam Police; and he has followed the Chairperson of the Board to her vehicle after a meeting while simultaneously videotaping her.”
However, Judge Perez concluded:
“Even, while viewing the evidence in a light most favorable to the Government, the Court cannot conclude that Defendant’s acts were salacious personal attacks that lack relevance to anything involving issues surrounding the operation of the veterinary clinic…”
” the Court cannot conclude that the Government has carried its burden such that a reasonable person would conclude by clear and convincing evidence that Defendant’s acts did not involve petitioning the government.”
As a result, Perez dismissed GovGuam’s complaint and “orders that Defendant be awarded costs and Attorney’s fees.”
Dr. Joseph says that his attorney, Mitch Thompson, has advised him that that means that GBAHE attorney David Highsmith, along with the GBAHE Board members who filed the complaint against his son, Schiff, will have to pay all legal costs in this case.
In previous Court appearances, Dr. Joseph’s Attorney, Mitch Thompson, has accused the Allied Health Board of acting maliciously towards Dr. Joseph saying that for the last 6 years the Board has repeatedly tried to shut down Dr. Joseph’s clinic without cause.
Last December, Superior Court Judge Michael Bordallo granted a stay of the GBAHE’s order to suspend Dr. Joel Joseph’s veterinary license.
However, Dr. Joseph’s license to issue “controlled substances” has been suspended.
This past May, Public Health executed an “Administrative Warrant” looking for “controlled” medications saying Dr. Joseph was no longer authorized to dispense such controlled substances. Various medications were seized along with medical records which Dr. Joseph is seeking to have returned.
Those and other issues involving Dr. Joesph remain the subject of ongoing legal action.