THERE is still no update from the Office of the Attorney General regarding the prosecution of the governor and his executive secretary who were found in contempt of a legislative subpoena by the House Committee on Judiciary and Governmental Operations.
On Nov. 16, 2021, Speaker Edmund S. Villagomez certified the committee’s decision to hold the governor’s executive assistant, Frances Dela Cruz, in contempt, and referred it to the AG’s office for prosecution.
Appearing before the House JGO Committee on Nov. 16, 2021, Dela Cruz invoked testimonial immunity and executive privilege and declined to answer the committee members’ questions.
On Nov. 22, 2021, Variety quoted chief prosecutor Chester Hinds as saying that prosecutors had been assigned to Dela Cruz’s case, and that “the matter is being investigated.”
As for the governor, the House JGO found him in contempt for his refusal to appear before the committee.
The House speaker has also certified the committee’s decision to hold the governor in contempt, and referred it to the AG for prosecution.
CNMI law states that a “person guilty of contempt…shall upon conviction be fined not more than $1,000 or imprisoned not more than one year, or both.”
The governor, for his part, filed a complaint for declaratory and injunctive relief against the committee and the House sergeant-at-arms, in his official capacity.
According to the complaint, the executive branch is “a separate and equal branch of government under the Commonwealth Constitution and must be treated equally…. The Office of the Governor should not and cannot be subordinated to the Legislature, let alone the overreaching acts of an out-of-control Committee of the House of Representatives.”
The AG’s office was also served a copy of the complaint.
On Dec. 16, 2021, CNMI Supreme Court Chief Justice Alexandro C. Castro appointed former Judge Timothy H. Bellas to be the judge pro tempore in the lawsuit after Superior Court Presiding Judge Roberto C. Naraja, Associate Judges Wesley Bogdan, Kenneth Govendo, Teresa Kim-Tenorio and Joseph N. Camacho recused themselves from the case.
On Dec. 20, 2021, the House JGO committee and other members introduced House Resolution 22-14, which calls for the impeachment of Torres for corruption, neglect of duty and felonies of theft.
The governor has denied the allegations.
Torres will be impeached if 14 of the 20 House members adopt the resolution. The Senate will then hold a trial. If six senators vote for his conviction, the governor will be removed from office and will be succeeded by the lt. governor.
