SUPERIOR Court Judge Pro Tem Timothy Bellas on Tuesday granted the motion of the House Committee on Judiciary and Governmental Operations to dismiss with prejudice Gov. Ralph DLG Torres’ lawsuit that sought to invalidate the subpoena issued by the legislative committee.
In an 18-page order on Tuesday, the judge said legislative immunity applies to the case because the subpoena serves a valid legislative purpose.
The judge said the subpoena plainly falls within the “legitimate legislative sphere” protected by the Speech or Debate Clause.
As for the separation of powers doctrine invoked by the governor, the judge said it “does not afford even the United States President blanket immunity from subpoenas.”
“It is true that the separation of powers doctrine safeguards the independence of each branch of the government and protects it from domination and interference by others,” the judge said.
“Nevertheless, separation of powers does not mean that a sitting executive may never be called to task by the legislature,” he added.
The judge also said that he “summarily addressed the issue of whether this case is now moot due to the fact that the House Standing Committee conceded at the [previous] hearing on the motion to dismiss that it did not intend to pursue further action on the subpoena.”
The judge noted that the Office of the Attorney General had also filed a criminal case charging the governor with contempt for not complying with the legislative subpoena.
Hence, the court can no longer grant the injunctive relief requested in the governor’s complaint, the judge said.
The court is not supposed “to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.”
The judge said this is “generally known as the mootness doctrine.”
However, he added, “ ‘a well-established exception’ to the mootness doctrine allows a court to review a mooted matter if the issue raised (1) is of public importance, (2) is likely to recur, and (3) is likely to become moot again prior to appellate review — in other words, if it is ‘capable of repetition yet evading review.’ ”
Judge Bellas said the “present case fits squarely into this exception.”
The court, he added, “therefore concludes that review of this issue comes within the proper exercise of its jurisdiction under the exception to the mootness doctrine.”
And because “there are no additional facts which could defeat the legislative immunity involved, the dismissal is granted with prejudice,” the judge said.
Governor Torres was represented by his legal counsel Gil Birnbrich and the Banes Horey Berman & Miller law firm.
They argued that 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 House JGO committee was represented by House legal counsels Joseph L.G. Taijeron Jr. and Brendan Layde. They invoked the affirmative defense of legislative immunity to assert “absolute immunity from suit for acts within the sphere of legitimate legislative activity.”
The House JGO’s investigation of the governor’s public expenditures led to his impeachment by the House on allegations of corruption, neglect of duty and felonies of theft. The governor has denied the charges.
The Senate has already concluded its impeachment hearing and may vote on the articles of impeachment on Wednesday, May 18, 2022.
If at least six of the nine senators vote to convict the governor, he will be removed from office.
