Hamlet v Charfauros [1999] GUSC 18; 1999 Guam 18 (4 June 1999)

IN THE SUPREME COURT OF GUAM

GEORGE KENNETH HAMLET
Plaintiff-Appellee

vs.

MARK C. CHARFAUROS
and DOES 1 - 5
Defendant-Appellant

Supreme Court Case No. CVA98-025
Superior Court Case No. CV2211-98

OPINION

Filed: June 4, 1999

Cite as: 1999 Guam 18

Appeal from the Superior Court of Guam
Argued and submitted on May 14, 1999
Hagåtña, Guam

Appearing for the Defendant-Appellant: Douglas B. Moylan, Esq. Office of the Legislative Counsel 155 Hesler St. Hagåtña, Guam 96910 Therese M. Terlaje, Esq. Law Offices of Barcinas & Terlaje Suite 216, Union Bank Bldg. 194 Hernan Cortes Ave. Hagåtña, Guam 96910	Appearing for the Defendant-Appellee: Richard P. Arens, Esq. Cunliffe & Cook, P.C. 210 Archbishop Flores St. Hagåtña, Guam 96910

BEFORE: BENJAMIN J. F. CRUZ, Chief Justice; PETER C. SIGUENZA, Associate Justice; JOHN A. MANGLONA, Designated Associate Justice.

Per Curiam:

1 Mark C. Charfauros, former senator of the Guam Legislature, appeals the Superior Court=s order restraining Charfauros from further broadcasting an audio tape. The tape contained a private telephone conversation and had been played on the legislative floor. The trial court held that the playing of the tape was an act outside the sphere of legitimate legislative activity. The trial court thus decided the immunity provided by the Speech or Debate Clause did not protect Senator Charfauros. We disagree. Although the Senator=s actions are disturbing and cause us concern, the broad interpretation of the Speech or Debate Clause, coupled with the specific factual circumstances of this case, lead us to the conclusion that the playing of the tape was a legitimate legislative act protected by the Speech or Debate Clause; therefore, the Senator=s actions were privileged.

PROCEDURAL AND FACTUAL BACKGROUND

2 On September 23, 1998, George Hamlet (Hamlet) initiated a lawsuit naming Senator Mark C. Charfauros (Charfauros) as the defendant. The complaint alleged Charfauros received a telephone call from an anonymous caller advising him of the existence of an audio tape and its location outside Charfauros= office.[1] The tape apparently contained the unauthorized recording of a conversation between Hamlet and another individual, Tyrone Taitano.[2]

3 After retrieving the audio tape, Charfauros disclosed its contents during a regular legislative session held on September 22, 1998.[3] Charfauros submits the playing of the tape was in the context of a legislative debate addressing the override of the governor=s veto of Bill 22-144 (considering employment limits as to new and temporary positions). In particular, the debate addressed the need for greater control over the governor=s spending power and the alleged abuse in spending federal emergency funds obtained as a result of Super Typhoon Paka.