Courts Running Out of Money Too; Judicial Council Authorizes Writ To Compel DOA To Provide Funds

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Guam – The Superior Court of Guam’s Judicial Council Thursday unanimously voted to authorize the Administrator of the Courts to bring an action against the Department of Administration [DOA] for a writ of mandamus compelling the Director to make the monthly deposits of the appropriations due to the Judiciary of Guam for Fiscal Year 2011.

According to a release from the Judiciary of Guam, as of November 30th, the Judiciary should have received more than $1.8 million dollars. But as of Thursday, DOA has only remitted $100-thousand dollars to the Judiciary.

Read the Judiciary’s News Release

“The Judiciary is mindful of the dire financial straits of the Government of Guam and management has long implemented significant cost-cutting measures in or5der to ensure that constitutionally mandated services remain uninterrupted. However, with only $100,000 having been received from DOA for Fiscal Year 2011, the Judiciary faces payless paydays, shortened workweeks, or outright furloughs.”

Public Law 30-177 requires the Director of Administration to deposit into a bank account designated by the Judiciary, on the last day of each month, a percentage amount based on the total revenues collected ion the previous month. The law makes the monthly deposits to the Judiciary a purely ministerial duty of the Director and, therefore, failure to remit payments as mandated constitutes grounds for a writ.

Furthermore, as of  today [Thursday] December 9th, $5.1 million dollars is due the Judiciary under the current allotment schedule for the first quarter of the 2011 Fiscal year.