CNMI Supreme Court Chief Justice Alexandro Castro has appointed Guam’s Arthur Barcinas as judge pro tempore in the lawsuit filed by former Gov. Ralph DLG Torres against the Department of Finance and the Office of the Attorney General.
Judge Barcinas is also presiding over the misconduct in public office case filed by the OAG against the former governor pertaining to first-class travel.
In an administrative-issued order dated July 14, Chief Justice Castro instructed the parties to notify the clerk of Superior Court in writing, no later than 10 days from the date of the order, why Barcinas should not serve as judge pro tempore.
“Unless good cause be shown otherwise, Judge Barcinas shall have full authority to serve as judge pro tempore in this matter and shall carry out the duties and powers inherent with the appointment,” the chief justice said.
Torres is challenging the Finance Department’s refusal to issue a declaratory order on the validity of an employment contract between the Office of the Attorney General and special prosecutor James Robert Kingman, an off-island attorney.
Torres filed a petition in court requesting a judicial review of a May 17, 2023, final administrative order by the secretary of Finance who stated that the department had no authority to issue a ruling and declare that the special prosecutor’s contract executed by the OAG in connection with Commonwealth v Torres, Criminal Action No. 22-0050 was invalid.
In his judicial review petition filed on June 15, 2023, Torres asked the court to vacate or set aside the final agency decision, saying that “it is arbitrary, capricious, an abuse of discretion and/or contrary to law.”
According to the petition, the special prosecutor’s contract does not comply with the procurement regulations.
Kingman was initially hired by the AG’s office as a special prosecutor in its misconduct-in-office case against the former governor.
On June 20, 2023, Gov. Arnold I. Palacios informed the Legislature that he had certified and approved Kingman’s employment as an assistant attorney general with an annual salary of $85,000.
Five days later, the OAG announced that Kingman will head a task force to investigate and prosecute government corruption, white collar and financial crimes.
Finance and the OAG have filed motions to dismiss the petition for judicial review of Torres.
For their part, Superior Court Presiding Judge Roberto C. Naraja, Associate Judges Teresa Kim-Tenorio, Wesley Bogdan, Joseph N. Camacho and Kenneth L. Govendo have recused themselves from the lawsuit for varied conflict of interest reasons.
Torres is represented by attorneys Viola Alepuyo, Matthew Holley, Victorino Torres and Anthony Aguon.
Arthur Barcinas
