Guam – Attorney Howard Trapp filed a motion today with the Guam Supreme Court asking to be heard in the medical marijuana referendum case.
In his motion, Trapp calls the law authorizing the referendum “inconsistent with the provisions of the Organic Act” writing that “the Legislature cannot pass the buck to the People of Guam”.
In February, lawmakers passed Bill 215 authorizing the referendum, which Governor Eddie Calvo allowed to lapse into Public Law 32-134. However, the Guam Election Commission refused to place the question on the ballot after legal counsel advised it would be a violation of the Organic Act which does not allow the Legislature to delegate it’s law making authority in the form of a referendum.
As a result, the Legislature asked the island’s high court for a “Declaratory Judgement”, ordering the GEC to put it on the ballot.
In his “Motion for Permission to Be Heard on the Legislature’s Request for Declaratory Judgement”, Trapp cites the Organic Act which states “No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members [of the legislature] present and voting, which vote shall be by yeas and nays.”
Trapp notes that “the people of Guam shall have the right of initiative and referendum” but its an authority granted “under the Executive Branch of the government of Guam” not the Legislative branch.
And he concludes by “respectfully” asking for “permission to be heard on the legislature’s request for a declaratory judgment.”