THE CNMI Supreme Court has remanded the case against former Gov. Ralph DLG Torres for continued prosecution following a ruling that allows the appointment of new prosecutors.
Torres faces charges of misconduct in public office, theft of government funds related to premium-class airline travel, and contempt of the legislature for failing to comply with a subpoena.
One of Torres’ attorneys, Joaquin DLG Torres, declined to comment on the ruling, citing the need to consult with their client. On Monday, the lawyer issued the following statement:
“We are very pleased with this result. The Court recognized that Attorney General Manibusan, Chief Solicitor Glass, and Special Prosecutor Kingman crossed ethical lines and ordered their disqualification. Even though the whole office was not removed, the fact that its leader, his top deputy, and the prosecutor are barred reflects the seriousness of their violations of professional responsibility.
“This ruling is a significant victory for fairness and justice. The Supreme Court has protected the integrity of the process and ensured that the case will move forward on fairly.”
In two opinions issued on Aug. 22, 2025, the high court affirmed the disqualification of Assistant Attorney General James R. Kingman and Chief Solicitor J. Robert Glass Jr., but reversed the trial court’s decision to disqualify the entire Office of the Attorney General from prosecuting the case.
The justices — Associate Justice John Manglona and Justices Pro Tempore Robert J. Torres and Sabrina S. McKenna — held that the Rules of Professional Conduct cannot be used to vicariously disqualify the entire OAG when conflicts have been properly screened.
In upholding the removal of Kingman and Glass, the high court said their continued participation “would appear improper and could erode public confidence.”
The ruling underscored the OAG’s constitutional role as the Commonwealth’s legal officer and stated that separation of powers requires judicial review before trial proceedings can resume.
The justices wrote:
“Even if disqualification of the entire office was warranted, the court erred in directing the executive branch to continue the prosecution itself, without the Attorney General… Deference to the executive branch regarding appointment of a special prosecutor is not contemplated by the NMI Constitution.”
They further clarified that if the OAG were disqualified, the attorney general retains the authority to appoint a special prosecutor.
“Under the Constitution and Commonwealth Code, the Attorney General retains the power to appoint prosecutors. Such appointments are administrative tasks that do not inherently breach any conflict screening wall,” the high court stated.
Background
In December 2021, Torres, a Republican, was found in contempt by a Democrat-Independent-led House Judiciary and Governmental Operations Committee for refusing to appear before a panel investigating his public expenditures.
On April 8, 2022, the OAG charged Torres with 12 counts of misconduct in public office, one count of theft related to premium-class travel for himself and his wife, Diann T. Torres, and one count of contempt for failing to comply with a legislative subpoena. The former governor denied the charges.
On Aug. 23, 2022, Judge Pro Tempore Alberto Tolentino dismissed the contempt charge without prejudice after Glass was exposed to privileged information related to the non-appearance.
In July 2024, Judge Pro Tempore Arthur Barcinas granted the defense’s motion to reconsider and ordered the OAG’s withdrawal from Case No. 22-0050-CR due to a conflict of interest. He declined to appoint a new special prosecutor, deferring to the executive branch.
Judge Barcinas also disqualified the OAG and Kingman from prosecuting a related case (23-0127-CR) involving refiled charges of contempt and misconduct. Following that disqualification, the OAG, through Glass, appealed to the Supreme Court, arguing that the blanket disqualification violated due process and misapplied the Rules of Professional Conduct.
