Guam Memorial Hospital Authority v Superior Court of Guam [2012] GUSC 18; 2012 Guam 17 (3 December 2012)

IN THE SUPREME COURT OF GUAM

GUAM MEMORIAL HOSPITAL AUTHORITY,
Petitioner,

v.

SUPERIOR COURT OF GUAM,
Respondent,

v.

COMMITTEE ON HEALTH & HUMAN SERVICES,
31st GUAM LEGISLATURE,
Real Party in Interest-Respondent

Supreme Court Case No. WRM12-001
Superior Court Case No. SP0059-12

OPINION

Filed: December 3, 2012

Cite as: 2012 Guam 17

Appeal from the Superior Court of Guam
Argued and submitted August 29, 2012
Hagåtña, Guam

Appearing for Petitioner: Thomas J. Fisher, Esq. Fisher & Associates De La Corte Bldg., Ste. 101 167 E. Marine Corps Dr. Hagåtña, GU 96910

Appearing for Real Party in Interest-Respondent: Therese M. Terlaje, Esq. The Law Office of Therese M. Terlaje, P.C. Terlaje Professional Bldg., Ste. 216 194 Hernan Cortes Ave. Hagåtña, GU 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.

CARBULLIDO, C.J.:

[1] The Committee on Health & Human Services of the 31st Guam Legislature (“Committee”) issued a legislative subpoena to the Interim Administrator of the Guam Memorial Hospital Authority (“GMHA”). The subpoena required the Interim Administrator to appear at a legislative committee hearing and to bring particular documents with him by a specified deadline. Prior to that deadline, GMHA filed in the trial court an application for an ex parte order to quash the legislative subpoena. That same day, the matter was dismissed sua sponte by the trial court for lack of subject matter jurisdiction. The Committee then issued an amended subpoena that limited the scope of the initial subpoena to the production of information it believed to be nonconfidential. Three days later, GMHA filed a writ of mandamus, asking this court to order the trial court to exercise its jurisdiction to hear GMHA’s application for an ex parte