SUPERIOR Court Judge Pro Tempore Timothy Bellas has approved and adopted as the order of the court the stipulation filed by the parties in the lawsuit of Gov. Ralph DLG Torres against the House Committee on Judiciary and Governmental Operations.
Judge Bellas accepted the two-page memorandum with accompanying exhibit filed by the JGO to supplement and correct the memorandum and exhibits supporting its pending motion to dismiss.
The judge has set a hearing on JGO’s motion to dismiss for March 31, at 9 a.m.
The Republican governor was found by the Democrat-led House JGO committee in contempt of a legislative subpoena for refusing to appear before the panel, which was investigating his public expenditures.
Represented by his legal counsel Gil Birnbrich and the Banes Horey Berman & Miller law firm, the governor has asked the Superior Court to find the subpoena issued by the House JGO Committee invalid and unlawful.
Torres said the governor “is not and cannot be lawfully held in contempt of the committee, the House of Representatives or the Legislature for failing to comply with” a legislative subpoena.
“It violates the principle of separation of powers for one branch to ‘command’ another branch to take any action whatsoever,” the governor’s complaint added.
But according to House legal counsels Joseph L.G. Taijeron and Brendan Layde, the subpoena served on Torres has a valid legislative purpose.
They said its legislative investigatory power permits the Legislature “to inquire into and publicize corruption, maladministration or inefficiency in agencies of the government.”
On Jan. 12, 2022, the House voted 15-4 to impeach Torres on charges of felony, corruption and neglect of duty. He has denied the allegations.
The impeachment resolution is now with the Senate, which will conduct a trial. If at least six of the nine senators vote for the governor’s conviction, he will be removed from office.
