ATTORNEY Joaquin Torres has requested the Superior Court to disqualify the entire Office of the Attorney General, including Assistant AG James Robert Kingman, from prosecuting former Gov. Ralph DLG Torres in the refiled contempt case against him.
The defense attorney likewise requested the court to issue an order appointing “a truly independent prosecutor to ensure a fair and impartial legal process” for his client.
“Historically, the Attorney General has served a dual role for the CNMI government: providing legal advice to the governor and executive departments; and representing the Commonwealth in legal matters, including prosecution of violations of Commonwealth law,” the attorney said.
“This case presents a unique conflict between these roles, as the OAG’s previous advisory relationship with [former Governor] Torres now intersects with its duty to prosecute, raising serious ethical and procedural questions,” he added.
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 Jan. 12, 2022, the Democrat-Independent-led House impeached Torres, who was accused of corruption, neglect of duty, and felonies of theft as well as contempt. On May 18, 2022, the Republican-led Senate acquitted Torres of all charges. Subsequently, he sued the House JGO Committee and sought a court declaration that the subpoena was unlawful and that its enforcement would violate the CNMI Constitution.
According to the committee members, the speech or debate clause of the CNMI Constitution made them absolutely immune from a suit by the governor.
The Superior Court agreed and dismissed the case. Torres then appealed the dismissal to the CNMI Supreme Court. The justices pro tempore — Guam Supreme Court Chief Justice Philip Carbullido, Guam Supreme Court Associate Justice Robert J. Torres, and Guam Superior Court Judge Arthur Barcinas — presided over the appeal proceedings and heard arguments from the parties. On Oct. 31, 2023, they dismissed Torres’ appeal.
The original case against the former governor, CR 22-0050, was filed by the Office of the Attorney General on April 8, 2022. The former governor was charged 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 case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former governor. Without prejudice means the charge can be refiled.
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 (CR 23-0127).
Motion to disqualify
According to a 13-page motion filed on April 11, 2024 by the defense, “On May 31 and June 1, 2022, the court held an evidentiary hearing and heard arguments on Torres’ Motion for Office of the Attorney General to Withdraw or be Disqualified as Prosecutor in the (22-0050) case.
“Chief Solicitor J. Robert Glass from the OAG represented the Commonwealth at the evidentiary hearing. At the hearing, AG Manibusan initially testified that he could not give additional information regarding the contents of the Legislative Subpoena Legal Services Request [or LSR] because the information was protected by attorney-client privilege.
“After the privilege was waived in court, Manibusan testified that the Legislative Subpoena LSR contained the advice that defendant (Torres) might not be required to testify because of the separation of powers doctrine. This legal advice to Torres was approved and signed by Manibusan himself. Manibusan further testified that Glass was not involved in the preparation of the Legislative Subpoena LSR as a screen had already been put into place, and that he could not remember who prepared or worked on the Legislative Subpoena LSR, but thought it was likely Lilian Tenorio (former deputy AG, now Associate Judge).”
Glass, who appeared on behalf of the OAG during the two-day evidentiary hearing, never disclosed his involvement in providing legal advice to former Governor Torres, even though he heard all of AG Manibusan’s testimony, the defense motion added.
“Despite AG Manibusan’s testimony that Glass was not involved in preparing the Legislative Subpoena LSR, (former governor’s office legal counsel) Gilbert Birnbrich’s testimony later revealed that Glass actually engaged in discussions about the Legislative Subpoena LSR’s completion and provided legal advice, as evidenced by their email exchange on August 12, 2020.
“On August 23, 2022, the Court found that Glass ‘is disqualified from prosecuting Defendant for Contempt based upon exposure to confidential information in the Legislative Subpoena LSR.’ ”
According to the defense attorney: “The need to disqualify the entire OAG in prosecuting Torres for contempt extends beyond the problematic association between Kingman and the disqualified attorney, Glass. It is rooted in the OAG’s broader incapacity to maintain ethical integrity and uphold its prosecutorial responsibilities. This predicament is exacerbated by the OAG’s involvement in offering legal counsel on legislative subpoenas — counsel directly contributing to the foundation of the contempt charge and creating a conflict of interest that cannot be overlooked.”
The claim by the OAG of having established a “wall” or “screen” to separate Glass from the prosecution effort has been demonstrably ineffective, the defense lawyer said.
“This alleged safeguard failed to prevent subsequent ethical breaches. Notably, it did not address Glass’s prior violation of his duty of candor to the tribunal. Furthermore, after being disqualified, Glass became the local counsel for Kingman, who then proceeded to refile the contempt charge — a charge that had previously resulted in Glass’s disqualification,” attorney Torres said.
“The court explicitly directed that any continuation of the contempt charge should be under the guidance of an assistant attorney general who was properly insulated from Glass’s prior involvement. The OAG’s disregard for this directive not only challenges the court’s authority but also showcases a disturbing pattern of ethical neglect within the office,” the defense lawyer said.
“Under the stipulations of his engagement agreement, Kingman was obliged to report and take directions from AG Manibusan concerning the engagement.
“Glass’s disqualification stemmed from his involvement in the legal opinion that Manibusan spearheaded. This issue is therefore compounded as Manibusan, the lead attorney advising Torres on the subpoena issue, is the same individual Kingman is now required to report and take directions from. Further, from the standpoint of conflicts and disqualification, having Kingman report to either Glass or Manibusan does not present a distinction. Such systemic failures signal a profound breach of trust and duty, undermining the fairness and integrity of the legal process.
“The Court’s inherent authority to disqualify legal representatives, up to and including an entire prosecutorial office, serves as a critical defense mechanism against the degradation of judicial standards. This authority, though applied with caution, is crucial in circumstances where the collective actions of an office compromise the justice system’s impartiality and effectiveness,” the defense attorney said.
Judge Pro Tempore Arthur Barcinas has scheduled a hearing for April 15, 2024, at 2 p.m. via Zoom.
