Guam's chief prosecutor resigns

Admin
Jul 17
3 min read

By Jayvee Vallejera

Curtis C. Van de Veld has resigned as chief prosecutor at the Office of the Attorney General of Guam, effective July 15, citing a court ruling that restricts him from assisting previous clients in private practice.

He also said he is still owed five months' worth of work he delivered while serving the office as a part-time special assistant attorney general. He was supposed to be paid through the Department of Administration, but the governor reportedly refused to sign on to this arrangement.

Neil Bonavita, deputy chief prosecutor, assumed the position vacated by Van de Veld.

"This appointment shall be subject to adjustment once Curtis wraps up his private law practice matters," Attorney General Douglas Moylan wrote in the appointment letter.

"As chief prosecutor, you will assist me in continuing my 'Toughest AG on Crime' legal policy," Moylan told Bonavita.

Moylan reminded the new chief prosecutor that criminal defendants "are not entitled to a plea offer, nor a plea agreement under this AG Moylan administration."

In his resignation letter dated June 28, Van de Veld noted that when he first started working as a special assistant attorney general, he had a number of existing clients whose legal problems he wanted to close out to spare them the unnecessary expense of hiring a new lawyer.

“I wish that I could continue to assist the community and be able to complete my prior clients' cases, but this will not be possible under the present law as it has been construed by the Guam Supreme Court,” Van de Veld said.

Moylan's office had arranged for Van de Veld to work part-time and be paid based on his output.

However, Gov. Lou Leon Guerrero refused to approve the part-time job arrangement, compelling the Office of the Attorney General to hire him as a full-time employee.

As such, Van de Veld said he became subject to a Guam Supreme Court decision that prevented him from finishing his outside work assisting previous clients, some of whom he had handled for more than a decade.

“I respect the Guam Supreme Court and their decision, despite having a different viewpoint on this statutory limitation,” he said.

The Guam legislature inserted some exceptions to the restrictions if the work to be performed is pro bono.

Van de Veld said he was willing to accept this limitation, but the Guam Supreme Court later determined that when a lawyer had been previously paid, even if he or she is now willing to work for free going forward, the new exception would not apply.

Van de Veld said he tried to help his existing clients find other lawyers but was unable to do so due to the shortage of lawyers on Guam.

“I want to do right for everyone. While I would like to wind down my legal career working to advance the vision you have for the welfare of the people of Guam, I must choose to finish the work for which people entrusted me with their problems over my working career,” he told Moylan.

The OAG may have staffing problems, but it still has staff attorneys, Van de Veld said, unlike his clients, who will not be able to hire a lawyer.

“If I ignore my former clients and their inability to hire a lawyer, those people will be more severely affected,” he added.

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