Dizon v Superior Court of Guam [1998] GUSC 3; 1998 Guam 03 (13 May 1998)

IN THE SUPREME COURT OF GUAM

CEZAR B. DIZON, ) Supreme Court Case No.: WRP98-001

) Superior Court Case No.: CF0380-95

Petitioner, )

)

vs. )

)

SUPERIOR COURT OF GUAM, )

)

Respondent, ) OPINION

)

vs. )

)

THE PEOPLE OF GUAM, )

)

Real Party In Interest. )

____________________________________)

Filed: May 13, 1998

Cite as: 1998 Guam 3

Petition for Writ of Prohibition
Argued and Submitted on May 8, 1998
Hågatña, Guam

Appearing for the Petitioner Appearing for Real Party in Interest

MITCHELL F. THOMPSON MONICA J. HICKEY

Maher & Thompson, P.C. Assistant Attorney General

140 Aspinall Avenue, Suite 201 Office of the Attorney General

Hågatña, Guam 96910 Prosecution Division

Suite 2-200E, Judicial Center Building

Appearing for the Petitioner 120 West O=Brien Drive

JOHN TARANTINO Hågatña, Guam 96910
250 Route 4

Chalan Pago, Guam 96924

BEFORE: PETER C. SIGUENZA, Chief Justice, JOAQUIN C. ARRIOLA[1], and JOSE I. LEON GUERRERO[2], Associate Justices.

SIGUENZA, C.J.:

[1] The petitioner, Cezar B. Dizon, petitions this Court for a writ of prohibition restraining the Superior Court from scheduling any further action or proceeding in Criminal Case Number CF0380-95 before Presiding Judge Alberto C. Lamorena, III. The respondent court made no response to this petition. However, the People of Guam, the real party in interest, oppose the petition.

[2] Upon consideration of the applicable standards for recusal and for writ relief, the Court issued an oral ruling recusing Judge Lamorena from CF0380-95. The Court now issues this written opinion in support of its ruling. Furthermore, the Court sets out the proper procedure for the reassignment of this case and future cases where the Presiding Judge is recused or is otherwise disqualified from performing his or her duties as the Presiding Judge.

FACTUAL AND PROCEDURAL BACKGROUND

[3] The Petitioner is the defendant in Superior Court of Guam Criminal Case Number CF0380-95. The case had been assigned by Judge Lamorena to himself and recusal was sought by the Petitioner after learning of the correspondence between Senior United States Circuit Judge for the Ninth Circuit, Alfred T. Goodwin and Judge Lamorena. The letter from Judge Goodwin was typewritten on Ninth Circuit Court of Appeals stationery and the content described Judge Goodwin=s concern for quick resolution of the case and asked for Judge Lamorena=