Assistant Attorney General James Robert Kingman talks to reporters after a hearing on Monday morning.
ASSISTANT Attorney General James Robert Kingman on Monday said the defense motion seeking his disqualification is “frivolous.”
He told reporters that there should not have been a hearing on the motion, “but the judge wants one — it’s fine.”
Kingman is the lead prosecutor in the case filed by the Office of the Attorney General against former Gov. Ralph DLG Torres, who was charged 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 OAG also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
On Monday, Judge Pro Tempore Arthur Barcinas placed under advisement Torres’s motion to disqualify Kingman and the OAG for unauthorized practice of law.
According to Torres’ defense team, Kingman has practiced law in the CNMI without taking the mandatory Commonwealth oath.
During the hearing, Judge Barcinas asked whether the issue of oath-taking will affect other attorneys admitted to practice in the CNMI pro hac vice.
“What does it mean for [those] who have not taken the oath? Will that mean that they were all engaged in the unauthorized practice of law?” he asked.
The judge also asked about the difference between admission and oath-taking and the importance of taking an oath.
At the hearing, Torres was present and was represented by attorneys Anthony Aguon and Viola Alepuyo.
Aguon, who argued for the defense, told the court, “As advocates of Mr. Torres, we are responsible to review aspects of this case and bring to the court’s attention any issues or problems that we find are relevant.”
“The harm here is very serious, taking the oath is serious, and this is the problem. It seems the AG’s office is not taking this issue as seriously as it should,” he added.
“The rule says every person must take the oath before practicing law not before being admitted, [but] before practicing,” he said.
It is the OAG’s “responsibility to uphold these rules, to follow the laws and call people on it…like they’re trying to call on former Governor Torres. They should not be allowed to pick and choose whatever rule they decide they wish to honor. A stern sanction is warranted in this situation,” Aguon said.
