THE chair of the House Judiciary and Governmental Operations said the Office of the Attorney General can file a stand-alone contempt charge against Gov. Ralph DLG Torres.
Superior Court Judge Pro Tem Alberto Tolentino last week dismissed without prejudice Count XIV — contempt — of the charges that the OAG filed against the governor, saying that “there is an impermissible exposure to privileged and confidential information that prevents” Chief Solicitor J. Robert Glass Jr. from prosecuting Torres for the contempt charge.
Without prejudice means the charge can be refiled.
In an interview, Rep. Celina Babauta, chairman of the House JGO committee, which served the governor a subpoena during the House impeachment proceedings, said: “We are not too concerned about it,” referring to the dismissal without prejudice. “In fact, we see it in a positive light: the AG can and should prosecute it as a stand-alone case.”
She added, “Because it is a misdemeanor, Governor Torres does not have the privilege of…a jury trial. It will be a bench trial situation…. We thank Judge Tolentino for his wisdom and consideration of the AG’s complaints.”
She noted that the governor is still facing 13 counts of misconduct in public office and theft. These pertain to his first-class off-island travels.
Babauta said the House JGO looks forward to their oral arguments in the CNMI Supreme Court on Oct. 27, “when we will finally put that to rest,” referring to the validity of the legislative subpoena, which the governor has challenged.
On May 17, 2022, Superior Court Judge Pro Tem Timothy Bellas granted the motion of the House JGO to dismiss with prejudice the governor’s lawsuit that sought to invalidate the subpoena issued by the legislative committee.
On May 18, 2022, the governor’s legal counsel Gil Birnbrich filed a notice of appeal in the CNMI Supreme Court.
