Dr. Joseph’s Bid to Quash Subpoena Denied, Request for Sanctions Against Allied Health Examiners Rejected

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Guam – Superior Court Judge Vern Perez has denied a bid by veterinarian Dr. Joel Joseph to quash a subpoena from the Guam Board of Allied Health Examiners. He has also rejected Dr. Joseph’s request for sanctions against the Allied Health Examiners.

The decisions stem from the Allied Health Examiners decision last year to revoke Dr. Joseph’s license to practice medicine.

The Examiners also filed a subpoena request with the Court seeking an order requiring Dr. Joseph to provide them with documents relating to his practice.

READ Judge Perez’s Decision and Order HERE

Judge Perez did agree with Dr. Joseph’s contention that “Rule45(c)(2)(b) requires a Court order before documents must be presented…”. And the Perez also recognized that the Allied Health Examiners “failed to follow proper procedures in its subpoena…” 

But the Judge concluded that, “in the Court’s discretion, it will not quash the subpoena as there is now ample time to prepare the documents requested, such a request is not unduly burdensome and most, if not all, of the information requested will not be privileged.” 

Judge Perez’s decision and order “only resolves the Petitioner’s [Dr. Joseph’s] Motion to Quash.”  The merits of the Allied Health Examiners decision to revoke Dr. Joseph’s license has yet to be decided.