SPECIAL Prosecutor James Robert Kingman has asked the Superior Court to deny former Gov. Ralph DLG Torres’ motion to disqualify him, Kingman, and the Office of the Attorney General for unauthorized practice of law.
The motion has no basis in fact or law, Kingman said.
According to Torres’ defense team, Kingman has practiced law in the CNMI without taking the mandatory Commonwealth oath.
Attorneys Viola Alepuyo, Anthony Aguon, Victorino Torres, and Matthew Holley, who represent the former governor, alternatively asked the court to disqualify the OAG from prosecuting the case.
In his 22-page response, Kingman said, “Without even a cursory examination of the law or a basic inquiry into the facts, disregarding their prior conduct and the orders of this court, the defense team accuses Kingman of crimes of which they say the Office of the Attorney General aided and abetted.”
He added, “They request that the Court find that he has committed crimes based apparently on assumptions from reading a newspaper article about Kingman being sworn into the CNMI Bar when he moved from practicing pro hac vice to when he began practicing under the temporary license for government attorneys.”
According the defense team, NMI Sup. Ct. R. 75-2(c) mandates in clear and plain language that every person must take the attorney’s oath prior to practicing law in the Commonwealth.
“Mr. Torres is unaware of any record or evidence showing that Mr. Kingman took the oath required by NMI Sup. Ct. R. 75-2(c) between March 6, 2023 and July 13, 2023. If he had taken the oath prior to July 13, 2023, then it would not have been necessary for him to be sworn in and sign another oath again on July 13, 2023, when he became an assistant attorney general,” the defense team stated.
“This means that each and every act taken by Mr. Kingman between March 6, 2023 and July 13, 2023 as special prosecutor for this case constitutes an unauthorized practice of law,” the defense team added. “The unauthorized practice of law justifies dismissal of this case with prejudice.”
Kingman said, “The defense team could have looked to see if an oath was required. If they had, they would have seen that it was not. Instead, they publicly accuse Kingman of crimes. The defense team could have asked the Clerk of the Court for the Supreme Court if the court administered an oath to pro hac vice attorneys. If they had, they would have learned that they did not. Instead, they publicly accuse Kingman of crimes. The defense team could have asked the defendant’s pro hac vice attorney hired to defend him in the inquiry which led to this case if he had taken an oath when he was admitted pro hac vice. Instead, they publicly accuse Kingman of crimes.”
Kingman was referring to Washington, D.C.-based attorney Ross Garber who represented then-Gov. Torres as co-counsel when Torres was served with a subpoena by the House Standing Committee on Judicial and Governmental Operations.
Kingman said until July 13, 2023, he had practiced under a 73-1 pro hac vice admission, which the defense team “clearly knows.”
“After the Supreme Court admitted Kingman pro hac vice, the defense team started challenging that course of admission. On March 23, 2023, the defense team filed an Open Government Act requesting information regarding Kingman’s original contract with the Commonwealth, which specifically identified this case as being a legal services contract. On April 26, defendant filed a motion in the [local] Supreme Court for them to reconsider the motion, citing and arguing the specific provisions,” Kingman said.
“Pro hac vice admission does not require the oath to be administered. Limited government admission does,” he added.
“When [Kingman’s] salary was approved by the governor’s office, the defense team issued a statement claiming that it was not justified.”
But the CNMI Supreme Court already ruled that his pro hac vice admission was valid, Kingman said.
As for a bar identification number, Kingman said, “As per the Court’s order on May 8th, defendant could have asked Kingman if he had been issued a number. They would have learned that he was not. Instead, they accuse Kingman of crimes. They could have asked the Supreme Court Clerk of Court if one had been issued to him. Instead, they accuse Kingman of crimes. Defendant could have looked to see if his own pro hac vice attorney had affixed a bar identification number to his filings. If he had, he would have seen that it was not. Instead, they accuse Kingman of crimes.”
On April 8, 2022, the OAG 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.
The former governor has denied the charges.
Judge Pro Tempore Arthur Barcinas has set a hearing for Sept. 11 at 10 a.m.
James Robert Kingman
