SUPREME Court Chief Justice Alexandro Castro on Tuesday appointed Guam Superior Court Judge Alberto E. Tolentino as judge pro tempore in the criminal case filed by the Office of the Attorney General against Gov. Ralph DLG Torres who is accused of misconduct in public office, theft and contempt.
CNMI Presiding Judge Roberto C. Naraja and the four associate judges of the local Superior Court have recused themselves from the case.
The chief justice said under the authority of Article IV, Section 9 of the CNMI Constitution, “and in furtherance of the prompt and efficient dispatch of court business,” the chief justice may designate a judge pro tempore.
The chief justice said he is appointing Judge Tolentino to serve as judge pro tempore in the matter.
The chief justice also directed the parties to file a motion to disqualify within 10 days from the date of the order should they believe that reasonable grounds exist for the judge pro tempore to be disqualified.
The motion shall state specifically the grounds for such disqualification, the chief justice added.
“Unless the motion to disqualify is granted, Judge Pro Tempore Alberto E. Tolentino shall have full authority to serve in this matter and shall carry out the duties and powers inherent with the appointment,” the chief justice said.
An appointee of Guam Gov. Lou Leon Guerrero, Judge Tolentino assumed office on Sept. 10, 2021. His current term ends on January 31, 2029.
He received a bachelor’s degree from the University of San Francisco and a J.D. from the McGeorge School of Law.
He is a former a magistrate judge of the Guam Superior Court and served as chief deputy attorney general in the Guam Office of the Attorney General.
Penal summons
A penal summons has directed Governor Torres to appear before the Superior Court on April 18, 2022, Monday, at 9 a.m.
The criminal case against the governor is 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 first lady Diann T. Torres.
The case also alleges one count of contempt for failure to appear in compliance with a House committee subpoena.
The charges against the governor were among those mentioned in the articles of impeachment passed by the House of Representatives on Jan. 12, 2022 by a vote of 15 to 4 with 1 abstention. The governor has denied the allegations.
He will be removed from office if six of the nine senators vote for his conviction.
Alberto Tolentino
