Van Dox v Superior Court of Guam [2008] GUSC 7; 2008 Guam 07 (17 April 2008)

IN THE SUPREME COURT OF GUAM

FREDDY VAN DOX,
Petitioner,

v.

SUPERIOR COURT OF GUAM,
Respondent,

DAVID ALCORN,
Real Party in Interest.

Supreme Court Case No.: WRP06-003
Superior Court Case No.: SP0056-06

OPINION

Filed: April 17, 2008
Cite as: 2008 Guam 7

Petition for Writ or Prohibition from Superior Court of Guam
Hagåtña, Guam

Counsel for Petitioner Van Dox: Peter C. Perez, Esq. Lujan, Aguigui & Perez, LLP 300 DNA Bldg. 238 Archbishop Flores. St. Hagåtña, Guam 96910

Counsel for the Respondent Superior Court of Guam: Bruce A. Bradley, Esq. Staff Attorney Superior Court of Guam 120 W. O’Brien Dr. Hagåtña, Guam 96910 Counsel For Real Party in Interest: Joseph C. Razzano, Esq. Lawrence J. Teker, Esq. Teker Torres & Teker, P.C. 130 Aspinall Ave., Suite 2A Hagåtña, Guam 96910 Robert P. Kutz, Esq. Law Office of Robert P. Kutz P.O. Box 7310 Agat, Guam 96915

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Associate Justice; ALEXANDRO C. CASTRO, Justice Pro Tempore.[1]

TORRES, J.:

[1] This matter comes before the court pursuant to a Writ of Prohibition and, or, Writ of Mandamus (the "Petition") filed by Petitioner Freddy Van Dox seeking to command the Respondent Superior Court of Guam to vacate the order issued by Judge Steven S. Unpingco dismissing Van Dox’s disqualification motion, and to reassign the case to another Judge of the Superior Court or, in the alternative, to transfer the issue of Judge Unpingco’s disqualification to another judge who will rule on the merits of Van Dox’s disqualification request.

[2] Because the statement of objection contained at least some facts supporting disqualification, we find that Judge Unpingco abused his discretion when he ruled that the statement was legally insufficient. We also find that the statement of objection was timely. We therefore grant the Petition.[2]

I.

[3] The law firm of Lujan, Aguigui & Perez ("the Lujan firm") has requested on several occasions that Judge Unpingco be disqualified from matters in which the Lujan firm has served as counsel. In some cases involving the Lujan firm, Judge Unpingco has voluntarily disqualified himself,[3]