CITING the “highly partisan atmosphere” of their client’s civil complaint against the House Committee on Judiciary and Governmental Operations, the lawyers of Gov. Ralph DLG Torres have requested the Superior Court to appoint a judge from outside the CNMI “who has no ties or allegiances, real or perceived,” to Commonwealth politicians.
The governor’s attorneys — Gilbert J. Birnbrich, Joseph E. Horey and Richard C. Miller — added in a footnote that there is a precedent for doing so. “In 1999, a lawsuit was filed that challenged the authority of a series of acting CNMI Attorneys General. The matter was wisely assigned to a Guam judge, Hon. Joaquin V.E. Manibusan, Jr. If such a step was justified there, the more fraught circumstances here justify it as well.”
Dated Dec. 30, 2021, the lawyers’ letter was addressed to Patrick V. Diaz, clerk of the Superior Court.
The lawyers noted that in appointing former Judge Timothy H. Bellas as judge pro tempore in the governor’s lawsuit, CNMI Chief Justice Alexandro C. Castro also invited parties “to notify the Clerk of the Superior Court in writing no later than 10 days from the date of this order of any good cause or reason why Timothy H. Bellas should not serve as judge pro tempore.”
According to the lawyers, the governor “does not believe any statutory grounds exist that disqualify Judge Bellas.”
However, the governor “believes that neither Judge Bellas nor any other current or former CNMI judge should serve as judge pro tempore in this matter. The CNMI is a small community; there is scarcely a family that does not have ties to the Government and a history of close political allegiances. So extensive are these ties that all five sitting Superior Court judges have had to qualify themselves for one reason or another.”
The governor “believes that no single CNMI judge, current or former, can either be truly insulated from it or, no less important, be perceived by the public, reasonably or not, as insulated from it,” the lawyers said.
The governor “has great faith in the ability and integrity of CNMI judges, but sometimes the better part of judgment is knowing when to step away. This case, more than almost any other, cries out for appointment of a judge from outside the CNMI, who has no ties or allegiances, real or perceived, to CNMI politicians. In the highly charged political atmosphere surrounding this case, it is essential that there be no public perception whatsoever that the judge may be partial politically to one side or the other. The losing side may well want to cry foul, yet it is in the best interest of the whole community, as well as the health of political debate in the Commonwealth, that no hook be proved for either side to hang its hat on. This can only be attained by having a judge from outside the Commonwealth preside in the Superior Court.”
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.
In his complaint filed in Superior Court, 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 complaint added. “In particular, it violates the Constitution and the Covenant for a committee of one of the Legislative Branch to command the live testimony of the Governor, particularly at a time and place for the length of its choosing, and especially on subjects that would implicate information protected by executive privilege. Such an action interferes with the function of the Executive Branch.”
On Dec. 20, 2021, the House JGO Committee introduced House Resolution 22-14 calling for the impeachment of Torres on allegations of corruption, neglect of duty and felonies of theft.
The governor has denied the allegations.
