AFTER their requests to reconsider sanctions imposed by Superior Court Associate Judge Kenneth L. Govendo were denied, defense attorney Keith Chambers II and Assistant Attorney General James Kingman appealed to the CNMI Supreme Court.
Judge Govendo sanctioned Chambers and both sanctioned and disqualified Kingman from prosecuting Shayne Villanueva, who is charged with contempt of the Legislature.
Kingman filed a notice of appearance as an intervenor for the purpose of appealing the order as it pertains to him.
An intervenor is an individual who is not already a party to an existing lawsuit but becomes a party by joining with the plaintiff or uniting with the defendant.
Representing the Commonwealth, Chief Solicitor J. Robert Glass Jr., who was assigned to the case following Kingman’s disqualification, has likewise filed a notice with the CNMI Supreme Court, appealing the sanctions against Kingman.
Judge Govendo has denied Kingman’s motion to quash the subpoena that required the assistant AG to testify as a witness in the trial, saying that the motion was “not well-founded.”
In addition, the judge granted the defense’s cross-motion to recuse the assistant AG, stating that “Kingman should not remain the prosecutor in this matter to ensure procedural integrity and due process for all parties throughout the court proceedings.”
In that order, the judge reprimanded Kingman and ordered him to pay a $500 fine for violating the model rules of professional conduct, specifically for “abusing his prosecutorial power and authority, which led to his forced recusal for bias and lack of impartiality.”
Likewise, Judge Govendo reprimanded Villanueva’s attorney, Chambers, and ordered him to pay a $500 fine for violating the model rules of professional conduct, specifically for “harming the administration of justice and wasting resources by withholding crucial information and inconveniencing other parties.”
Both attorneys requested the court to reconsider the sanctions.
On Dec. 30, 2024, Judge Govendo denied their requests.
The judge also denied Kingman’s motion to stay sanctions and to vacate attorney sanctions temporarily.
The judge, moreover, denied both attorneys’ requests for order to show cause, averring that their due process rights were not violated.
Judge Govendo also extended the deadline for Kingman and Chambers to pay their fines until Jan. 27, 2025, in consideration of their holiday schedules and respect for their due process rights.
“Refusing to pay the fine could result in sanctioned attorneys being held in contempt of the Court,” the judge said. “The Court would express its continued disappointment in Chambers’ and Kingman’s actions and reserves the right to take further disciplinary action if necessary. The Court incorporates this modification into the Order by reference.”
Chambers paid the $500 sanction on Dec. 30, 2024.
Subpoenaed
In related news, the defense has subpoenaed Christina “Tina” Sablan, the governor’s former senior policy advisor and special assistant for climate policy and planning, to testify in Villanueva’s trial.
Villanueva’s bench trial, originally set for Nov. 6, 2024, was rescheduled for Dec. 3, 2024. But because the parties informed Judge Govendo of other pending motions, he rescheduled the trial for Jan. 27, 2025.
The case was reassigned to Judge Govendo after Presiding Judge Roberto C. Naraja recused himself from the case. The judge is the uncle of Rep. Ralph N. Yumul, the chair of the House special committee that found Villanueva in contempt of the Legislature. Villanueva has pled not guilty to the charge.
When asked questions about BOOST by the House special committee, Villanueva invoked his Fifth Amendment right.
BOOST stands for “Building Optimism, Opportunities and Stability Together,” a $17 million federally funded program.
Villanueva is the owner of Roil Soil Marketing, which the administration of then-Gov. Ralph DLG Torres contracted to help implement BOOST in 2022.
