James Robert Kingman
THE Office of the Attorney General will appeal Judge Pro Tempore Arthur Barcinas’s ruling that disqualified the OAG from prosecuting former Gov. Ralph DLG Torres, who was charged with misconduct in office and contempt.
“The decision to appeal or not to appeal is ultimately for the Attorney General [Edward Manibusan to make],” Assistant Attorney General James Robert Kingman told Variety earlier.
“I had a conversation with the AG, and he confirmed that we are appealing,” Kingman said on Sunday.
Asked whether talking to the AG violated the “screen” between him and Manibusan to avoid conflict of interest, Kingman said: “No.”
Reaffirm
The Torres defense team issued the following statement on Sunday:
“The CNMI Superior Court has reaffirmed the fundamental principle of the rule of law by ruling that the Office of the Attorney General…has a conflict of interest and must be recused from prosecuting former Governor Torres. The law is clear that an attorney cannot both advise a client and thereafter prosecute him.
“This decision aligns with the Court’s duty to ensure fair and impartial legal proceedings, adhering to established legal standards and precedents. The Court’s ruling is consistent with past precedence, including the prosecutions of former Governor Fitial and former AG Buckingham. In those cases, the OAG recused itself or agreed to withdraw due to conflicts of interest. These decisions have all recognized the harmful and unjust effect of allowing the OAG to prosecute its own client, the CNMI Governor, and has emphasized the importance of maintaining a system of checks and balances as mandated by the Commonwealth Constitution.
“By recusing the OAG, the court has upheld the principles underlying these past prosecutions of high-level government officials, ensuring that the prosecution of former Governor Torres proceeds fairly and lawfully. The decision does not dismiss Criminal Case No. 22-0050 or any of the charges against former Governor Torres. Instead, it guarantees that the trial will be conducted fairly and lawfully, fulfilling the Judiciary’s responsibility to decide matters based solely on the law.
“The decision reflects the court applying the guiding and binding legal principles to the facts as opposed to making a decision based on politics, which unfortunately some believe is the Judiciary’s role.”
The former governor is represented by attorneys Viola Alepuyo, Matthew Holley, Victorino Torres and Anthony Aguon,
Background
In December 2021, then-Governor Torres, a Republican, was found by a Democrat-Independent-led House Judiciary and Governmental Operations Committee in contempt of a legislative subpoena for refusing to appear before the panel, which was investigating his public expenditures.
On April 8, 2022, the OAG charged the former governor with 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or Diann T. Torres, his wife. The OAG also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor denied the charges.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former governor.
The judge said evidence indicated that the prosecutor, J. Robert Glass Jr., was exposed to “privileged information regarding non-appearance to a legislative subpoena as charged in Count XIV — Contempt.”
On Oct. 26, 2023, Kingman refiled a separate charge of contempt and misconduct in public office against the former governor.
On July 16, 2024, Judge Barcinas disqualified the OAG, including Kingman, from prosecuting the former governor, citing “conflict of interest.”
Judge Barcinas also declined to appoint a new special prosecutor. He said because the court is “unable to appoint the Office of the Public Auditor to prosecute in lieu of the OAG, the court instead defers to the executive branch to execute its prosecutorial authorities in the case.”
