Department of Law, Cognizance

Notwithstanding any other provision of law, the Attorney General shall have cognizance of all legal matters, excluding the Legislative and Judicial Branches of the government of Guam, involving the Executive Branch of the government of Guam, its agencies, instrumentalities, public corporations, autonomous agencies and the Mayors Council, all hereinafter referred to as “agency”. Where any other law permits any agency or autonomous public corporation to retain counsel other than the Attorney General, this shall not preclude said agency or public corporation from requesting the services of the offices of the Attorney General, provided that said agency or autonomous public corporation shall reimburse the Office of the Attorney General for such services from funds of said agency or autonomous public corporation. Said reimbursement shall be deposited in the General Fund and credited to the Office of the Attorney General. In addition, and notwithstanding any other law to the contrary, any agency or autonomous public corporation of the government of Guam may advance funds to the office of the Attorney General for services and incidental travel to be rendered by said office on behalf of said agency or autonomous public corporation. SOURCE: GC § 7001 repealed and reenacted by P.L. 13-117 (Dec. 27, 1975). Amended by P.L. 23-045:IV:15 (Oct. 18, 1995) relative to the Attorney General’s Fund. Amended by P.L. 25:003:IV:19 (Mar. 25, 1999). CROSS-REFERENCE: 5 GCA § 23110. At the time this § 30103 was enacted, a provision similar to that now found in 5 GCA § 23110, limiting agencies’ ability to fund travel for persons not employees of that agency was in effect. Therefore, the final sentence of this Section was placed in P.L. 13-117 to allow attorneys within the Attorney General’s office to have travel paid for by the agencies they serve if the travel is undertaken on behalf of that agency. For instance, prosecuting an appeal for, say, the Department of Public Health and Social Services, would permit the use of their funds for travel, even though the Attorney General’s appropriations for travel may have been exhausted, or not available for that purpose. This section recognizes the fact that much of the case load of the Attorney General, and much of the need for travel, arises out of activity for other agencies of the government. 2013 NOTE: Subsection designation was deleted to adhere to the Compiler’s alpha-numeric scheme in accordance to the authority granted by 1 GCA § 1606.