IN the refiled case of contempt against former Gov. Ralph DLG Torres, his lawyer has filed a notice of intent to move for the disqualification of Assistant Attorney General James Robert Kingman.
Attorney Joaquin DLG Torres said it is his client’s preference and recommendation that the motion to disqualify be heard and resolved prior to the preliminary hearing to ensure the integrity of the proceedings.
He said he anticipates filing the motion and the memorandum of points and authorities on or before April 11, 2024.
“We respectfully request the Court’s consideration to schedule this matter at its earliest convenience, in light of the upcoming preliminary hearing,” the defense lawyer added.
In the notice filed on April 8, 2024, attorney Torres stated that on March 6, 2023, “the [CNMI] Supreme Court granted the Commonwealth’s application for pro hac vice admission of Kingman, with [AAG J. Robert] Glass, previously disqualified from the Contempt charge, serving as his local counsel. Subsequently, Kingman filed, and later withdrew, a Request for Leave to Amend Information to include the previously dismissed charge of Contempt. Kingman has now refiled the Contempt charge.
“Our position is that Kingman’s decision to work in association with Glass, coupled with his persistence in pursuing a previously dismissed charge, justifies his disqualification. This series of actions, taken in the context of his partnership with a disqualified attorney, raises significant concerns regarding the impartiality and integrity of the judicial process, warranting Kingman’s disqualification,” attorney Torres said.
Recently, Judge Pro Tempore Arthur Barcinas granted the former governor’s motion for probable cause determination and scheduled a hearing for April 15 at 2 p.m.
The original case against the former governor, CR 22-0050, was filed by the Office of the Attorney General on April 8, 2022. The former governor was charged with 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.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed without prejudice the contempt charge against the former governor. Without prejudice means that the charge can be refiled.
The judge said evidence indicated that the prosecutor, J. Robert Glass Jr., was exposed to “privileged information regarding non-appearance to a legislative subpoena as charged in Count XIV — Contempt.”
On Oct. 26, 2023, Kingman refiled a separate charge of contempt and misconduct in public office against the former governor, CR 23-0127.
On Dec. 19, 2023, Judge Barcinas directed the prosecution to refile the penal summons against the former governor.
