THE local Supreme Court will not take part in the impeachment trial of Gov. Ralph DLG Torres.
Senate President Jude U. Hofschneider on Wednesday requested Chief Justice Alexandro C. Castro or his designee, “as approved by the Senate,” to preside over the trial.
“The Supreme Court respectfully declines the Senate’s request,” Castro and Associate Justices John A. Manglona and Perry B. Inos stated in their letter dated Jan. 28, 2022.
“The Chief Justice will not preside over the impeachment trial of the Governor, nor will any other justice or judge be designated to do so.
“Unlike the United States Constitution, the NMI Constitution does not mandate the involvement of a chief justice in an impeachment trial. In the absence of specific constitutional authority or directive, it would be inappropriate for the Judiciary, a separate branch of government, to concern itself in the internal affairs of another branch,” the justices stated.
“Notably, the framers of the NMI Constitution clearly vested the power of impeachment in the legislative branch. The House of Representatives has the authority to initiate impeachment proceedings by the affirmative vote of two-thirds of its members, and the Senate has the power to convict after hearing by the affirmative vote of two-thirds of its members.”
According to the justices, they “do not view the Senate impeachment trial as comparable to a civil or criminal proceeding. It is a uniquely legislative and political function that does not fall under the purview of the judicial branch under the NMI Constitution.”
The justices reiterated that without a constitutional directive, “we will not take part in this impeachment trial. Doing so could encroach on the authority vested in the legislative branch and disrupt the balance of power among the three branches of government. We choose to maintain this balance.”
On Jan. 12, 2022, the Democrat-led House of Representatives adopted House Resolution 22-14 by a 15-4 vote to impeach the Republican governor who is charged with commission of felonies, corruption, and neglect of duty. Governor Torres has denied the allegations. He will be removed from office if at least six of the nine senators vote to convict him.
On Jan. 27, 2022, Senate President Jude U. Hofschneider referred the impeachment resolution to the Senate Committees on Judiciary, Government, Law and Federal Relations; and on Executive Appointments and Government Investigations.
The Republican-led leadership of the Senate holds seven of its nine seats, but Hofschneider said they will be “impartial and fair.”
In Feb. 2013, then-Gov. Benigno R. Fitial was impeached by the House, but he resigned before the Senate could hold a trial.
