Sablan v Gutierrez [2002] GUSC 13; 2002 Guam 13 (30 August 2002)

IN THE SUPREME COURT OF GUAM

DAVID J. SABLAN, as Chairman of the Republican
Party of Guam and a registered voter; the REPUBLICAN
PARTY OF GUAM; and ORPHA T. MATANANE,
Petitioner-Appellee,

v.

CARL T.C. GUTIERREZ, in his official capacity
as I Maga=lahen Guåhan,
Respondent-Appellant,

and

GERALD A. TAITANO, in his official capacity
as Executive Director of the Guam Election
Commission; and the GUAM ELECTION
COMMISSION, Government of Guam
Respondents-Appellees.

Supreme Court Case No. CVA02-019
Superior Court Case No. SP0064-02

OPINION

Filed: August 30, 2002

Cite as: 2002 Guam 13

Appeal from the Superior Court of Guam
Argued and submitted on August 28, 2002
Hagåtña, Guam

Appearing for Petitioners-Appellees: Appearing for the Respondent-Appellant:

Douglas B. Moylan, Esq. Eric A. Heisel

Moylan & Van de Veld Assistant Attorney General

Union Bank Building, Suite 215 Office of the Attorney General

194 Hernan Cortes Avenue Suite 2-200E, Judicial Center Building

Hagåtña, Guam 96910 120 West O=Brien Drive

Hagåtña, Guam 96910

BEFORE: JOHN A. MANGLONA, Chief Justice,[1] RICHARD H. BENSON, Justice Pro Tempore, and HOWARD TRAPP, Justice Pro Tempore.

PER CURIAM:

[1] David J. Sablan (Chairman of the Republican Party of Guam), the Republican Party of Guam, and Orpha T. Matanane (hereinafter collectively referred to as APetitioners@) requested the Superior Court to issue a writ of mandamus commanding Governor Carl T.C. Gutierrez, Gerald A. Taitano (Executive Director of the Guam Election Commission), and the Guam Election Commission to appoint those individuals recommended by the Republican Party to the Guam Election Commission (hereinafter AGEC@). The Petitioners argued and the Superior Court found that, pursuant to Title 3 GCA ' 2101(a) (1996), the Governor has no discretion in the appointment of members of the GEC, and that he must appoint those very persons whose names are submitted to him by the political parties. From our study of the same provision, we conclude that a certain amount of discretion does reside in the Governor in appointing members of the GEC, and therefore reverse the judgment of the Superior Court. We vacate the Judgment Regarding Preemptory Writ of Mandate which directs the Governor to appoint to the board of the GEC the persons currently recommended by the Republican Party, and find that the Governor may, in the exercise of sound discretion, reject the names submitted by the Republican Party and request additional recommendations.

I.

[2]