Guam § 1909 - Confidentiality of Investigations.

§ 1909. Confidentiality of Investigations.

(a) Except pursuant to a subpoena issued by a court of competent jurisdiction for good cause shown,

or the powers afforded I Liheslaturan Guåhan under Legislative Investigative Powers, 2 GCA Chapter 3,

the Public Auditor shall not be required to disclose any working papers. For the purposes of this Section,

“working papers” means the notes, internal memoranda and records of work performed by the Public

Auditor on audits and other investigations made pursuant to this Chapter, including any and all project

evidence collected and developed by the Public Auditor.

(b) Information received by the Public Auditor alleging criminal activity or alleging wrongful use of

government funds or property is privileged. Neither the Public Auditor nor any person employed by the

Public Auditor shall disclose the identity of the person providing that information, unless such failure to

disclose infringes upon the Constitutional rights of the accused. Nor shall the Public Auditor, nor any person

employed by the Public Auditor, be required to produce any records, documentary evidence, opinions or

decisions relative to such privileged communication or information:

(1) in connection with any criminal case, criminal proceeding or any administrative hearing of

whatever nature, or

(2) by way of any discovery procedure.

(c) Any person arrested or charged with a criminal offense may petition the Court for an in camera

inspection of the records of a privileged communication or information received by the Public Auditor, and

which is material to the criminal charge brought against the person. The petition shall allege facts showing

that such records would:

(1) provide evidence favorable to the accused;

(2) be relative to the issue of guilt; and

(3) cause a deprivation of a constitutional right if such communication or information is not

disclosed. If on the basis of such criteria, the Court determines that the person is entitled to all or any

part of such records, it may order its production and disclosure to the degree necessary, protecting to

the extent possible, the identity of the person who has informed the Public Auditor of such matter.

(d) Disclosure of a privileged communication or privileged information in violation of this Section

shall be a felony of the third degree.