A GROUP of private attorneys on Monday wrote a letter to the Senate recommending the establishment of a CNMI grand jury as an alternative to granting subpoena power to the Office of the Attorney General as proposed by House Bill 23-22.
Signed by attorney Robert T. Torres with 15 other defense lawyers concurring, the letter was supplemental to the comments they sent on Jan. 8, 2024, opposing H.B. 23-22, which was introduced by Rep. Marissa Flores.
The other lawyers who signed the letter are Anthony H. Aguon, Viola Alepuyo, Joaquin DLG Torres, Victorino DLG Torres, Michael N. Evangelista, Janet H. King, Oliver M. Manglona, Charity R. Hodson, Steve P. Pixley, David G. Banes, Keith Chambers, Matthew Holley, Richard Miller, Colin Thompson and Vincent Seman.
Torres told Senate President Edith Deleon Guerrero and the Senate Committee on Judiciary, Government & Law chair, Sen. Celina R. Babauta, that “rather than having an unchecked Office of the Attorney General given blanket subpoena power to compel production of documents and testimony without protections, the establishment of the CNMI grand jury would ensure that indictments charged by a grand jury are supported by probable cause.”
He said with a grand jury established, the AG can investigate and present cases to that body as he pursues investigations of criminal cases. At the same time, Torres said, the grand jury can review the case presented and return an indictment if appropriate based on probable cause.
Similarly, Torres said the grand jury, “made up of our citizens, can decline to return an indictment if the evidence is lacking as to probable cause.”
Another important reason to have a grand jury law is that if the grand jury returns an indictment, an arrested person would not have a right to a preliminary hearing since probable cause has been found by the grand jury, Torres said.
Similarly, he added, if there is no grand jury indictment the arrested person would have the right to a preliminary hearing with 10 days of arrest.
Torres also informed the senators that they have sought the assistance of the National Association of Criminal Defense Lawyers including its Legislative Advocacy Network.
“This organization, of which I have been a member since 2000, advocates for justice in criminal cases and ensuring due process for criminal defendants. We have asked for and received a response from NACDL to assist our Legislature in reviewing criminal justice legislation to provide authorities and resources to ensure a balanced view of proposed legislation beyond those comments from the Office of the Attorney General,” Torres said.
He reiterated that H.B. 23-22 should be rejected and shelved. He said there are more appropriate statutory approaches in criminal justice reform that protect the citizens while allowing for law enforcement investigation. He also noted that the Office of Public Auditor exists for that purpose and “the comments of that office inform us that H.B. 23-22 is as unnecessary as it is inappropriate for the community.”
“Lastly,” he added, “we emphasize that your Committee must give due regard to the constitutional right to privacy which can only be overcome by a compelling government interest, as reflected in Article I of our Constitution.”
Torres added, “We remain vigilant and committed to engage your Committee in further discussions regarding H.B. 23-22 and why as proposed it is not in the best interest of our citizens and community…to grant…unchecked power to the Office of the Attorney General.”
Sen. Babauta told Variety that she was finalizing a Senate version of H.B. 23-22 that would address the concerns of the attorneys and the Public Defender’s Office, which also opposed the measure.
