A Superior Court of Guam judge has ordered the Office of the Attorney General (OAG) to pay sanctions totaling $2,068.12 due to the improper filing of a Rule 68 offer of judgment. Judge Arthur Barcinas issued this ruling in a case involving the Guam Department of Education concerning a sink injury incident at Agueda I. Johnston Middle School.
The sanctions stem from an offer filed by former Assistant Attorney General Jay Matthew Strader in July 2023, shortly after a bench trial concluded. Under Rule 68 of the Guam Rules of Civil Procedure, a defendant may serve an offer of judgment to the opposing party more than ten days prior to trial. If the offer is not accepted and the final judgment is less favorable, the offeree must cover the costs incurred post-offer.
In this case, Attorney Robert Keogh, representing the plaintiff, claimed that neither he nor his client had seen the offer prior to its court submission. Keogh requested that the court strike the offer from the record and impose sanctions against the OAG. Following this, Strader indicated in court filings that Attorney General Douglas Moylan directed him to submit the offer without requesting further research on its implications. Moylan countered these claims, asserting that Strader was a disgruntled employee, having previously filed personnel actions against the OAG.
The court proceedings took a turn when, on October 23, 2023, the Superior Court denied Strader’s appeal regarding the Civil Service Commission’s dismissal of his grievance. The commission had ruled that Strader did not exhaust all administrative remedies. Judge Barcinas noted that Strader’s claims of futility due to alleged bias were unfounded, leading to the denial of his petition for judicial review.
The court responded swiftly to the improper Rule 68 filing. Judge Barcinas had already ordered the offer to be removed from the record in July, along with a withdrawal of the offer shortly after its submission. A sanctions hearing took place earlier this month, culminating in Barcinas’s written order issued on a recent Friday.
In his order, Barcinas emphasized the seriousness of the misconduct, stating, “The court finds that this filing was an improper attempt to influence or affect the court’s decision on the merits after the matter had already been submitted for decision.” He further noted that the filing created undue pressure on the plaintiff to reconsider her position while awaiting judgment, which is contrary to the principles of justice.
The judge concluded that the improper filing caused unnecessary expenses for Keogh as he worked to address the issue. The amount of sanctions, $2,068.12, reflects the billing submitted by Keogh for the time spent rectifying the error. Barcinas mandated that the OAG pay this sum to Keogh within 30 days.
While the recent focus has been on the sanctions and the improper filing, the original case pertains to an incident in 2023 where a sink fell and injured a student’s foot at Agueda I. Johnston Middle School. The ongoing legal proceedings underscore the complexities involved in these matters and the commitment to uphold judicial integrity.
