SUPERIOR Court Judge Pro Tempore Arthur Barcinas on Wednesday, May 31, overruled the objection of special prosecutor James Robert Kingman to disqualify the judge from presiding over the misconduct in office case filed by the Office of the Attorney General against former Gov. Ralph DLG Torres.
Kingman said Judge Barcinas is already serving as justice pro tempore in a related CNMI Supreme Court case, “Supreme Court No. 2022-SCC-007-CIV, Ralph DLG Torres v. House Standing Committee on Judiciary & Governmental Operations.”
According to Kingman, the “defendant in the present criminal case is plaintiff-appellant in the appellate case. The controversy in question arises from the same investigation that originated the charges in the criminal case. The criminal case here originated with a referral based on the investigation carried out by defendant-appellee that also gave rise to the case on appeal. Count XIV of the criminal case, Contempt, is the issue at heart of the criminal case.”
Judge Barcinas overruled Kingman’s objection “on the grounds that the two cases involve two separate legal matters and facts in common are not considered to be disqualifying events. A decision in one of two related cases does not significantly determine or affect the decision in the other case, and parties cannot attack a judge’s impartiality because of information and beliefs acquired by the judge while acting in his judicial capacity.”
Furthermore, the judge’s order stated, “because the alleged basis for disqualification arises from Judge Barcinas’s status as a judge, the source is not extrajudicial.”
“Without extrajudicial influence, judicial rulings alone almost never constitute a valid basis for disqualifications and can only in the rarest circumstances demonstrate the degree of favoritism or antagonism required for disqualification,” the judge stated.
“Therefore, opinions formed by Judge Barcinas on the basis of facts introduced or events occurring in the course of concurrent or prior proceedings do not constitute a basis for disqualification unless the Commonwealth can demonstrate that such opinions would show deep-seated favoritism or antagonism that would make fair judgment impossible.”
Judge Barcinas said the Commonwealth’s objection “has not sufficiently demonstrated such bias.”
Kingman has also requested Judge Barcinas to allow the prosecution to amend the charges against Torres.
In his motion for leave to amend the information, Kingman has requested to reinclude the initially charged Count XIV: Contempt.
Kingman is also requesting that the information be amended by including Counts XV-XLI.
The court has yet to rule on this request.
On April 8, 2022, the AG’s office filed a criminal case against the former governor, alleging 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.
Torres has denied the charges. He is represented by attorneys Viola Alepuyo, Victorino DLG Torres, Matthew Holley and Anthony Aguon.
In September 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former. The judge found “impermissible exposure to privileged and confidential information that prevents [Chief Solicitor J. Robert] Glass [Jr.] from prosecuting [the defendant] for Count XIV (Contempt).”
Without prejudice means it can be refiled.
After Judge Tolentino, who is from Guam, recused himself from the case due to health reasons, the CNMI Supreme Court appointed Judge Barcinas, who is also from Guam, to preside over the case.
The court has scheduled a conference hearing for June 5, 2023.
