RobertKlitzkie,Esq.

22BakiCt.,Yigo,GU96929
(671)6536607
klitzkie@hotmail.com

June27,2016

TestimonyofRobertKlitzkiebeforetheCommitteeontheGuam
MilitaryRelocation,PublicSafetyandJudiciaryonBill32633

Mr.ChairmanandhonorablemembersoftheCommittee:

Justice requires broadeningthereachofthisremediallegislationtoproviderelieftothose

who have suffered at the hands of child sexual abusers to include not only the abusers
but also their enablers, aiders or abettors, those acting in concert with them and
their religious institutions or corporations sole. The three Cs are referenced here:
condonation, coverup and conspiracy. Recent history tells us that the three Cs were all
tooprevalentintheworldwideCatholicChurch.TheinstitutionalhierarchyoftheChurch
condoned, covered up and conspired to prevent victims of child sexual abuse from
attainingjustice.

When allegations of these heinous acts first surfaced on our island my inclination was
that whoever may have committed those acts should be made to pay but that the
institution, i.e. the archdiocese or corporation sole, need not be held liable in order that
justice be available to victims whoseclaimshadbeenbarredbytherunningofthestatute
of limitations. If the statute of limitations on child sexual abuse were eliminated
prospectively and reopened retroactively the hierarchy and processes of the Church
would be sufficient to cleanuptheChurchsothatchildsexualabusewouldbecomeno
morethanabadmemory,Ithought.Iwaswrong.Verywrong.

Scandal now saturates the Church. Scandal so egregious that the Pope has sent an
Apostolic Administrator, Archbishop Hon, to take over the archdiocese in the stead of
Anthony Apuron who still retains the naked title of archbishop. Hon came here with
tremendous potential todogood.HoncameonpersonalappointmentofthePopetoclean
up the mess that befalls our Church. Not only is Hon on personal assignment from the
Pope but he holds the number two position of that part of Vatican governance that has
primaryjurisdictionofthewaybishopshandlechildsexualabuseamongsttheclergy.

Hon wasted his opportunity. Hon was greeted by a Catholics whohadhighhopesforhis

success in cleaning up the mess and had the authority to start the clean up. Hon almost
immediately dashed those hopes. Notwithstanding the command that with respect to
child sexual abusesurvivorsprioritymustnotbegiventoanyotherkindofconcern."
Hon has figuratively,andinonecaseliterally,actuallyturnedhisbackonthesurvivors.
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Carrying the analogy a little further, Hons minions have literally locked the door on
survivors who would file claims dealing with their abuse at the hands of Apuron. Hon
hasnteventakenthetimetolearnalltheirnames.

While he holds nearly plenary power with respect tochildsexabuseandtothesurvivors

thereof, Hon has done nothing but occasionally imply that survivors complaintsmaybe
resolvedagainsttheminfavorofApuron.

Hon has not only retained key members of Apurons corruptregimebutenshrinedthem

on committees that have little to do with the reason Honwassenthere. Honmaintainsa
social calendar and tolerates publications that serve to prop up the naked titleofApuron
as though his return is imminent. Hon allowed Apurons vindictive, draconian gagorder
against Faithful Catholics to actually take effect before he reluctantly rescinded it at the
same time rescinding another gag order on a Catholic who had blown the whistle on
Apurons purposely keeping the diocesan child sexual abuse policy weak in order to
protecthimself.

Hon has demonstrated that if an end be put to child sexual misconduct it wont be done
by Church hierarchy, at least not while Hon is involved. It must be accomplished by
laymen.1 Given the proper tools, i.e. and abatement of the statute of limitations and a
clear statement that the child sexual abusers, their enablers, aiders or abettors, those
acting in concert with them and their institutions or corporations sole if not the entire
hierarchy of the Catholic Church can be held liable for child sexual abuse, we may be
foreversubjectedtotheApuronsandHonsoftheChurch.

Were it not for the abysmal performance of the hierarchy of Rome as evidenced by
ArchbishopHon,Iwouldbeurgingyoutoadoptthesomethinglikethefollowing:

Section**:20GCA2105(c)isaddedtoread:

(c)Civilimmunityforcorporationssole.Everycorporationsoleorganizedpursuantto18
GCA10102,shallbeimmunefromcivilliabilityforanyactofchildsexualabuse
committedbyanyofficer,employee,agent,religiousfunctionaryorvolunteerofsaid
corporationsolegivingrisetopersonalliabilitytosaidofficer,employee,agent,
religiousfunctionaryorvolunteer.

Hon has shown me the wrongheadedness of that approach. Only a vigorous laity ableto
invoke the judicial power can be depended upon to root out and keep out child sexual
abuse.

A broadened Bill 32633 is a good start towardprovidingjusticetothosewhohavebeen

sexually abused by clergy, preventing such abuse in the future and eliminating the
1

Asusedhereinbothsexesareintended.Thelesscommonbutmoreaccuratelaitywillbeused
hereinafter.


possibility that abusers be protected by the three Cs. We can thank Sen. Frank Blas for
introducing this bill and Sen. Frank Aguon for promptly setting it down for hearing. In
the name of justiceandprotectionofchildrenwecanallurgeoursenatorstobroadenand
passthisbillforthwith.

Recognizing that this hearing is a secular proceeding I offer, infra, suggested language
set out in secular terms, submitting that child sexual abuse is an abomination wherever
andwheneveritmayoccur:

Hereslanguagethatwouldbroadlyabatetherunningofthestatuteoflimitationsonchild
sexualabuseretrospectivelyandprospectively:

Section7GCA11301.1isaddedtoread:

11301.1NoLimitationforChildSexualAbuse.

(a) An action for child sexual abuse may be commenced against abusers,theirenablers,
their aiders or abettors, those acting in concert with them and their religious institutions
orcorporationssoleatanytime.

(b) Victims of child sexual abuse that occurred on Guam who have been barred from
filing suit an action against their abusers, their enablers their aiders or abettors, those
acting in concert with them those acting in concert with them and their religious
institutions or corporations sole by virtue of the expiration of the civil statute of
limitationsshallbepermittedtofilethoseclaimsinanycourtofcompetentjurisdiction.

It is very important to take note of the failure of thePL3107tobeeffectiveinallowing

survivorsofchildsexualabusetoseekjustice.

Provisions of PL 3107 served todiscouragecounselfromundertakingtherepresentation

ofchildsexualabusesurvivors.AsampleofthedefectsinPL3107follows:

7GCA 1106.1(g) If the Court finds there has been a failure to comply with
this Section, the Court shall order a party, a party's attorney, or both, to pay any
reasonable expenses, including attorney's fees, incurred by the defendant for
whomacertificateofmeritshouldhavebeenfiled.

Reasonableexpensesisanundefinedtermthataddsanunnecessary
degreeofuncertaintytotheprocess,tendingonlytodiscouragethe filling
ofmeritoriousclaims.

7GCA 1106.1(d) A violation of this Section shall constitute unprofessional

conduct,andshallbegroundsfordisciplineagainsttheattorney.


GuamRulesofCivilProcedure(GRCP)Rule11alreadyprovidesforhigh
ethicalstandardsforattorneysinalllitigation.TheGuamRulesof Professional
Conductalreadyprovidehighethicalstandardsforall aspects of the practice of
law.OurSupremeCourtistheenforcerof
ethical standards for attorneys
assistedbythe
BarOfGuamEthics
Committee pursuant to Rules of
ProcedureDisciplinaryProceedings.
7GCA 1106.1(d) is either
dangerousorsuperfluous.Itsclearly unnecessary.

7GCA 1106.1(d) the motion of a party or upon the Court's own motion,
verify compliance with this Sectionbyrequiringtheattorneyfortheplaintiffwho
was required to execute the certificate to reveal the name, address,andtelephone
numberofthepersonorpersonsconsultedthatwererelieduponbytheattorneyin
preparationofthecertificateofmerit.

Theimplicationhereisthatthelicensedmentalhealthpractitioners
mightbedraggedintolitigationorevenincurliabilitybecauseoftheir
participation.

7 GCA 11306 (c) A person against whom a suit is filed may recoverattorney's
fees and damages where the Court determines that a false accusation was made
withnobasisinfactandwithmaliciousintent.

Thisprovisionmakesitimpossibletotryanycaseforchildsexualabuse.
Itcreatesacauseofactionforattorneysfeesinthesamecaseinwhich
thecauseof
actionforchildsexualabuseisheard.Thusa defendantin
thePlaintiffscaseinchief
couldoncrossexaminationorinhisowncase
inchiefadduceevidenceandbeentitledtojuryinstructions thatathe
plaintiffsclaimwasbroughtonafalseaccusationwithnobasisin
fact
andwithmaliciousintent.Onlychaoscouldresultfromsuchatrial
regimeasineffecttwodifferent
separatetrialswouldbeoccurring
atthesametime.
Adefendantsappropriate remedyforanimproperly
filedclaimwouldbeaseparateactionsoundinginmalicious
prosecution,
aconditionprecedentforwhichwouldbeafavorable
terminationofthe
improperlybroughtchildsexualabuseclaim.

Includingaprovisiontoawarddamagesandreasonableexpensestoa
defendantforafalseclaimofchildsexualabusewillhavesuchachilling
effectonpotentialplaintiffsandcounselthatitwouldguaranteethat such
claimsneverseethelightofday.

NB7GCA11306(c)iss
tillthelaw!11306(c)wasobviouslyputin
placetomakeitmoredifficulttofileclaimsforchildsexualabusethathad
beentimebarred.Butthelanguageofsubsection(c)appliestoall7GCA
11306.Thustheattorneysfeesanddamagesprovisionappliestoclaims
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forassault,battery,falseimprisonment,etc.aswellaschildsexualabuse.
11306(c)appliestoclaimsforchildsexualabusethatoccurinthe
presentthus.InotherwordsevenifyesterdayApuroncommittedthe
allegedrape
ofachildasreportedonTVandinthepapers,11306(c)
wouldstillapply.

The chilling effect of the provisions e.g. those set out supra was apparently sufficient to
dissuade counsel from bring actionsforchildsexualabusenomatterhowmeritoriousthe
claim.

In order to assist the Committee I have set out below suggested language that might be
incorporated in a substitute bill that could further the noble intent of the sponsor of Bill
326:

If this body is of a mind to provide attorneys fees to a prevailing defendant in a child

sexualmisconductcaseIproffer,butdontendorse,thefollowing:

Section**:7GCA26603.2isaddedtoread:

26603.2. A person against whom an action is filed pursuant to 7 GCA 11301.1 may
recover attorney's fees where the Court determinesthatafalseaccusationwasmadewith
no basis in fact and with maliciousintent.Averdictinfavorofthedefendantshallbethe
sole basis for a determination that anaccusationwasfalseandwasmadewithnobasisin
fact and with malicious intent, but only if the Court, on notice and hearing and forgood
cause shown, makes an independent finding on clear and convincing evidence that an
accusation was false, was madewithnobasisinfactandwithmaliciousintentinorderto
awardreasonableattorney'sfees.

A section providing a separate statute of limitations for the tort ofmaliciousprosecution

follows:

Section**:7GCA11307(3)isamendedtoread:

(3) An action for libel, or slander, malicious prosecution based on a false claim brought
pursuant to 7 GCA 11306 (b) or by a depositor against a bank for the payment of a
forgedorraisedcheck,oracheckthatbearsaforgedorunauthorizedendorsement.

As an aid toward establishing the bona fides of a claim for child sexual abuse the
followingisprofferedbutnotendorsed:

Section**:7GCA15604isaddedtoread:

15604.Acomplaintforchildsexualabusemustbeverified.


I submit this testimony with the humble prayer that this august body take the steps
necessary to provide the tools to the laity to root out child sexual abuse (and the three
Cs)whereveritmayexist.

Respectfullysubmitted,
/s/
RobertKlitzkie