James Robert Kingman
SUPERIOR Court Associate Judge Kenneth L. Govendo has sanctioned and disqualified Assistant Attorney General James Kingman from Shayne Villanueva’s contempt of Legislature case.
Asked about the judge’s 26-page order, Kingman said, “No comment.”
Judge Govendo also denied Kingman’s motion to quash the subpoena for him to testify as a witness in the trial, saying that the prosecutor’s motion was “not well-founded.”
“The established norms and legal precedents support denying the Motion to Quash to preserve the integrity of the adversarial system, the errors of the current prosecutor, and the fact that the prosecutor is an essential witness,” the judge said.
He also granted the defense’s cross-motion to recuse Kingman, saying “Kingman should not remain the prosecutor for this matter to ensure procedural integrity and due process for all parties throughout the court.”
In his order, the judge reprimanded Kingman and ordered him to pay a $500 fine for violating the model rules of professional conduct, specifically for “abusing his prosecutorial power and authority, which led to his forced recusal for bias and lack of impartiality.”
Likewise, Judge Govendo reprimanded Villanueva’s attorney, Keith Chambers, and ordered him to pay a $500 fine for violating the model rules of professional conduct, specifically for “harming the administration of justice and wasting resources by withholding crucial information and inconveniencing other parties.”
Both lawyers are ordered to pay the fine by Dec. 27, 2024.
As for Kingman’s notice of conflict of interest in attorney Joaquin Torres’ representing Villanueva in the case, Judge Govendo ordered the defendant to submit a signed waiver and informed consent regarding the conflicted representation.
Torres represents former Gov. Ralph DLG Torres in another case which Kingman is also prosecuting.
Judge Govendo disagrees that a subpoena would be prejudicial to the Commonwealth’s case if Kingman were to step aside.
“Kingman is not the only prosecutor the Office of the Attorney General employs. Another prosecutor would equally see the case through trial …. A new impartial prosecutor, untainted and unburdened by allegations of impropriety, would not be prejudicial to the Commonwealth’s case,” the judge said.
‘Unsupported allegations’
According to the court, Kingman’s arguments against his recusal were “unsupported allegations expressing his opinion.”
“The court expects the Commonwealth’s OAG prosecutors to be proud of their work and include thorough legal analyses in their required filing,” the judge added.
He reiterated that Kingman is “tainted with allegations of prosecutorial misconduct, which concerns his impartiality and bias.”
Chambers earlier requested the court to have Kingman testify at trial. In his motion, Chambers said his client “seeks to introduce evidence to establish the following facts: 1) Mr. Kingman told Mr. Villanueva, through Mr. Villanueva’s counsel, that he was under investigation by the [Office of the] AG, that the Commonwealth already had probable cause against Mr. Villanueva, and that the Commonwealth was weighing whether to criminally charge Mr. Villanueva, prior to the March 5, 2024 legislative hearing; 2) that written statements by Mr. Kingman confirm what was orally said during … a phone call; and 3) written statements by Mr. Kingman show that Mr. Villanueva had reason to believe that the answers to the two questions being charged here could be used to incriminate Mr. Villanueva.”
Kingman opposed the motion, saying: “A key legal problem with this proposed strategy comes in the second clause: ‘through Mr. Villanueva’s counsel.’ If the strategy is to somehow put forward the mental condition of the defendant at the alleged time, that can be done either through inference by action or through the testimony of the only person that knows. If it is through inference based on a conversation, it would need to be the principles of that conversation. Kingman has communicated with the lawyer for the defendant. That is not communicating with Villanueva.”
Kingman added, “Defendant also claims to want Kingman to be disqualified because defendant intends to introduce exhibits that were written statements by Kingman. These exhibits are privileged attorney-attorney communication inappropriate for publication in court. This argument has been articulated before by the Commonwealth, but it is worth considering hypothetical.”
‘Seek justice’
According to Judge Govendo, “A prosecutor’s role is to seek justice, not merely to convict.”
He added, “Although his attorney communications came after Chambers brought them to the public with his motions, Kingman’s actions have led to increased public condemnation of defendant, casting him a guilty party even before the Commonwealth filed charges. Even after the allegations of Kingman’s misconduct came to light, he did not recuse himself from this matter and attempted to maintain his position as prosecutor despite the allegations. Through his attempts to avoid testimony, which have also wasted court resources, Kingman again violated the spirit of MRPC Rule 3.8, where prosecutors are responsible for ensuring that all relevant evidence is submitted, even if unfavorable to their position.”
Judge Govendo said, “Kingman’s phone and email communications with defendant, through Chambers, were improper and warrant recusal.”
“The phone call had indicated that he [Villanueva] was under investigation by the Office of the Attorney General, that the Commonwealth already had probable cause against him, and that the Commonwealth was weighing whether to charge him criminally,” Judge Govendo said.
“Kingman’s phone call to Chambers before the March 5, 2024 legislative hearing may have invited defendant to invoke his Fifth Amendment rights. As a prosecutor, Kingman should know that our judicial system’s integrity relies heavily on the proper etiquette of all legal professionals involved. The ex-parte communications led to burdensome actions, from defendant’s decision to plead the Fifth Amendment to requesting a subpoena, which undermined the efficiency of the judicial system. Such actions can delay the course of proceedings and needlessly expend judicial resources,” the judge added.
Moreover, he said, there is “no evidence that Kingman’s phone calls and emails were material preparations for the upcoming litigation, but regardless, disclosure to a likely adversary forfeited any possible work product protection, especially when litigation risk was present.”
Background
Villanueva was charged with contempt of Legislature. His bench trial, originally set for Nov. 6, 2024, had been rescheduled for Dec. 3, 2024. But because the parties informed Judge Govendo of other pending motions, he rescheduled the trial for Jan. 27, 2025.
The case was reassigned to Judge Govendo after Presiding Judge Roberto C. Naraja recused himself from the case. The judge is the uncle of Rep. Ralph N. Yumul, the chair of the House special committee that found Villanueva in contempt of the Legislature. Villanueva has pled not guilty to the charge.
Villanueva was charged with contempt of Legislature after he invoked his Fifth Amendment right when asked questions about BOOST by the House special committee.
BOOST stands for “Building Optimism, Opportunities and Stability Together,” a $17 million federally funded program.
Villanueva is the owner of Roil Soil Marketing, which the administration of then-Gov. Ralph DLG Torres contracted to help implement BOOST in 2022.
