SUPERIOR Court Associate Judges Teresa Kim-Tenorio, Wesley Bogdan and Joseph N. Camacho have recused themselves from former Gov. Ralph DLG Torres’s lawsuit against the Department of Finance relating to the contract of special prosecutor James Robert Kingman.
Judge Kim-Tenorio said there exists a conflict in her presiding over the case. Judge Bogdan said he is Torres’ former legal counsel while Judge Camacho said his spouse, Viola Alepuyo, is one of the former governor’s attorneys.
Presiding Judge Roberto Naraja on Friday reassigned the case to Associate Judge Kenneth L. Govendo.
If both judges also recuse themselves from the case, the CNMI Supreme Court will appoint an off-island judge pro tempore.
Torres is challenging the CNMI Department of Finance’s refusal to issue a declaratory order on the validity of an employment contract between the Office of the Attorney General and Kingman, an off-island attorney.
Torres, through attorneys Alepuyo, Anthony Aguon, Matthew Holley and Victorino Torres, filed a petition in court requesting a judicial review of a May 17, 2023 final administrative order by the secretary of Finance who stated that the department has no authority to issue a ruling and declare that the special prosecutor’s contract executed by the Office of the AG in connection with Commonwealth v Torres, Criminal Action No. 22-0050 is invalid.
Signed by Secretary of Finance Tracy B. Norita, the department’s administrative order stated that “the declaratory rulings procedure under the Administrative Procedures Act is used to determine how a statutory provision, rule, or order of an agency applies to the particular facts or case raised by the petitioner.”
“It is not a means by which a person may challenge agency decisions that have already been made,” Finance stated.
“Given that the contract is an existing one, it’s ‘applicability’ to a law, rule or order of DOF cannot be in question,” it added.
In his judicial review petition filed on June 15, 2023, former Gov. Torres, named the Finance Department and the AG’s office as respondents.
The nine-page petition asked the court to vacate or set aside the final agency decision, saying that “it is arbitrary, capricious, an abuse of discretion and/or contrary to law.”
According to the petition, the special prosecutor’s contract does not comply with the procurement regulations.
Kingman was initially hired by the AG’s office as a special prosecutor in its misconduct-in-office case against the former governor pertaining to first-class travel.
On June 20, 2023, Gov. Arnold I. Palacios informed the Legislature that he had certified and approved Kingman’s employment as an assistant attorney general with an annual salary of $85,000.
Five days later, the AG’s office announced that Kingman will head a task force that will investigate and prosecute government corruption, white collar and financial crimes.
