Gutierrez Seeks Recusal of Superior Court Judge Perez From His Election Lawsuit

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Guam – Attorney David Lujan has filed a Statement of  Objection seeking the recusal of  Superior Court Judge Vern Perez from hearing the lawsuit Democratic Gubernitorial Candidate Carl Gutierrez filed seeking to overturn the results of the 2010 Gubernatorial Election.

In his Statement of  Objection, Lujan writes that Judge Perez’s “impartiality might reasonably be questioned”  because he was appointed by Republican Governor Felix Camacho and because the Judge’s family members actively campaigned for the GOP team of Calvo-Tenorio.

The first hearing in the election lawsuit is slated for Wednesday morning before Judge Perez.

However, Guam Election Commission Attorney Cesar Cabot has already filed a “Notice of Removal” with the District and Superior Courts advising that the Commission wants the case to be heard in the District Court only and not in Superior Court.

Gutierrez filed nearly identical lawusits in the local and federal courts.

Cabot told PNC News Tuesday that the Notice of Removal is  “automatic,” assuming that proper procedure has been followed. He said the Gutierrez lawsuit raises Federal questions which are best decided in Federal Court.