Guam News - Guam News

Guam - GMH Attorney Tom Fisher filed a motion for reconsideration in Superior Court Friday afternoon, while Senator Dennis Rodriguez submitted a revised subpoena in the ongoing dispute over the Health Committee's search for records relating to the decisions of the Hospital's Peer Review Committee.

Senator Rodriguez has said that he is seeking the settlement agreement between GMH and Dr. George Macris, and any other such settlement agreements that may jeopardize what Rodriguez has called the "sanctity" of the Peer Review process at the hospital.

GMH Attorney Tom Fisher has warned that the broad range of documents sought by Rodriguez's initial subpoena jeopardize the privacy rights of hundreds of people employed by the hospital. The attorney filed a motion to quash the Legislative Subpoena.

However Superior Court Judge Elizabeth Barrett-Anderson Friday rejected Fisher's motion to quash saying her court did not have jurisdiction.

READ Judge Barrett-Anderson's dismissal of motion to quash HERE

"The subject subpoena was not issued by the Superior Court of Guam. These are matters within the purview of the Guam Legislature," she wrote.

Fisher quickly responded with a motion to reconsider arguing that the Superior Court:

*  "..is a Court of general jurisdiction and .. it exists in the judiciary's ancient power to examine the propriety of legislative acts."  

 And

* "..This Court should exercise its actual jurisdiction to examine the legislative subpoena since a finding of a lack of jurisdiction leaves the Legislature absolutely unfettered in its exercise of its investigative power and the People without recourse."

READ GMH attorney Tom Fisher's motion to reconsider dismissal of his motion to quash subpoena HERE

Also late Friday Senator Rodriguez filed a revised Subpoena narrowing the documents sought to:

"copy(ies) of any and all SETTLEMENT AGREEMENT, RELEASE AND COVENANT NOT TO SUE document(s), ... for any ophysician whose GMHA medical privialges' were previously revoked for cause pursuant to a Medical Peer Review process;

READ Health Committee Chair Senator Rodriguez's  revised Subpoena HERE   

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