JUDGE Pro Tempore Arthur Barcinas has set for Sept. 11 at 10 a.m. the hearing for former Gov. Ralph DLG Torres’ motion to disqualify special prosecutor James Robert Kingman for unauthorized practice of law.
According to Torres’ defense team, Kingman has practiced law in the CNMI without taking the mandatory Commonwealth oath.
Attorneys Viola Alepuyo, Anthony Aguon, Victorino Torres, and Matthew Holley also asked the Superior Court to dismiss the Office of the Attorney General’s case against the former governor due to unauthorized practice of law.
The defense alternatively asked that court to disqualify the OAG from prosecuting the case.
On April 8, 2022, the OAG filed a criminal case against the former governor, alleging 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or Diann T. Torres, his wife.
The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
According to his defense team’s 15-page motion to dismiss, NMI Sup. Ct. R. 75-2(c) mandates in clear and plain language that every person must take the attorney oath prior to practicing law in the Commonwealth.
“Mr. Torres is unaware of any record or evidence showing that Mr. Kingman took the oath required by NMI Sup. Ct. R. 75-2(c) between March 6, 2023 and July 13, 2023. If he had taken the oath prior to July 13, 2023, then it would not have been necessary for him to be sworn in and sign another oath again on July 13, 2023, when he became an assistant attorney general,” the defense team stated.
“This means that each and every act taken by Mr. Kingman between March 6, 2023 and July 13, 2023 as special prosecutor for this case constitutes an unauthorized practice of law,” the defense added. “The unauthorized practice of law justifies dismissal of this case with prejudice.”
According to the defense team, “If the court determines that the scope and scale of the unauthorized practice of law does not warrant the sanction of this case’s dismissal with prejudice, then the court should disqualify the OAG from this case, or at a minimum disqualify Kingman and Assistant Attorney General J. Robert Glass Jr. from prosecuting this case and any other case or charge against Mr. Torres arising from the same temporal period and/or the facts and circumstances as this case.”
