THE presiding judge and the four associate judges of the CNMI Superior Court have recused themselves from the lawsuit filed by Gov. Ralph DLG Torres against the House Committee on Judiciary and Governmental Operations.
The governor, through his legal counsel Gil Birnbrich and the Banes Horey Berman & Miller law firm, on Tuesday filed a complaint for declaratory and injunctive relief against the committee and the House sergeant-at-arms, Pedro Towai, in his official capacity, after the committee members found the governor in contempt of a legislative subpoena.
In their separate orders of recusal Tuesday, the presiding judge and the associate judges cited Title 1 Section 3308 of the Commonwealth Code which provides for disqualification of judges.
Presiding Judge Robert C. Naraja said after a review of the case, he must recuse himself from handling the matter, citing Section 3308(a) which states: “A justice or judge of the Commonwealth shall disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned.”
Associate Judge Wesley M. Bogdan said he is the former legal counsel to Governor Torres.
Associate Judge Kenneth Govendo, for his part, said, “Over two weeks ago at a birthday party for Father Jesse, the undersigned Judge had discussed with the Honorable Governor Ralph DLG. Torres about testifying in front of the committee.”
Associate Judge Teresa Kim-Tenorio said her spouse is the director of the Legislative Bureau, appointed by the leadership of both Houses, which include members of the JGO Committee who are defendants in the lawsuit. “Furthermore, co-defendant, Sergeant at Arms Peter Towai, is employed by the Legislative Bureau thereby making the undersigned’s spouse the hiring authority,” she added.
Associate Judge Joseph N. Camacho indicated in his order of recusal that “conflict exists with the undersigned.” His wife is Viola Alepuyo, the legal counsel of the governor’s executive secretary, Frances “Kai” Dela Cruz, and the other executive branch personnel who have appeared before the committee.
