Tug-of-War Over Where To Hear Gutierrez Election Challenge; Motion Filed to Bring It Back to Superior Court


Guam – A tug-of-war has developed over which court should hear the Gutierrez election challenge, federal or local.

Today [Thursday], on behalf of  the Calvo-Tenorio team, Attorney Mike Phillips filed a Motion to Remand the Gutierrez election challange back to Superior Court.

In a release, Phillips states that the Motion requests the District Court remand the election contest case back to the Superior Court of Guam.  The local election contest filed by Gutierrez Aguon primarily involves matters of local significance, including the interpretation of local law, and the manner in which our elections are conducted and challenged.

Read Phillips’ Motion to Remand

Read the Points and Authorities

He states: “We believe the election contest must remain in our local court system.”

The Gutierrez Aguon team last month filed an election challange in Superior Court and another in District Court.

Phillips’ motion follows a “Notice of Removal” filed Tuesday by Guam Election Commission Attorney Cesar Cabot which, Cabot said, automatically consolidates the 2 nearly identical lawsuits in District Court.