Robert Naraja
SUPERIOR Court Presiding Judge Roberto C. Naraja on Friday, Nov. 15, recused himself from Shayne Villanueva’s contempt of Legislature case.
“In the interest of impartiality,” he initially assigned the defendant’s motion for recusal to Associate Judge Kenneth L. Govendo.
Following the filing of the defendant’s motion, Judge Naraja took judicial notice of newly presented exhibits indicating a potential conflict of interest.
He acknowledged that a reasonable person, fully informed of the facts, might question his impartiality.
The defendant’s motion included photographic exhibits C through E, which highlight a sign calling for the reelection of Rep. Ralph Naraja Yumul, who is expected to be called as a witness in the case.
Yumul is Judge Naraja’s nephew. The lawmaker’s mother is the judge’s sister.
“The sign in question, while adjacent to my property, was placed on public land,” Judge Naraja said. “I did not personally approve the placement of the sign, as authority over the public land rests with the Commonwealth’s Department of Public Lands. Although the sign was located on public land and does not constitute an endorsement of any political candidate by me, its proximity to my property may call into question the impartiality of this tribunal in the eyes of a reasonable observer,” the judge added.
Villanueva is represented by attorneys Keith Chambers and Joaquin Torres.
Last week, Chambers respectfully asked Judge Naraja to recuse himself from the case because the judge publicly endorsed the re-election campaign of Yumul, his nephew.
“Public endorsement of a political candidate and engaging in political activity in favor of a political candidate would make it appear that the court is not impartial,” Chambers said.
Assistant Attorney General James Kingman, the prosecutor, opposed the defendant’s motion and asked the court to deny it.
Yumul chairs the House Special Committee on Federal Assistance and Disaster-Related Funding before which Villanueva appeared on March 5, 2024.
Villanueva was charged with contempt of Legislature after he invoked his Fifth Amendment right when asked questions about BOOST by the House 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.
In his motion, Chamber said: “At trial, facts concerning the [House] committee’s jurisdiction, the authority of the committee to conduct its investigation, whether the questions at issue here were within the scope of the authority granted to the committee, and whether the questions at issue were relevant to the … inquiry, are facts that need to be fleshed out. The individual best suited to provide these facts is the chair of the committee, Representative Yumul.”
Judge Govendo will hold a status conference today, Monday, Nov. 18 at 10 a.m.
Villanueva’s bench trial, which was originally set for Nov. 6, 2024, has been rescheduled for Dec. 3, 2024.
