ATTORNEY Joaquin DLG Torres has appealed Superior Court Judge Kenneth L. Govendo’s order directing him to pay former Rep. Tina Sablan $500 as reimbursement for her time and expenses in filing a motion to quash.
Sablan was on the prosecution and defense lists of witnesses in the bench trial of Shayne Villanueva, who was charged with contempt of Legislature. Judge Govendo found Villanueva not guilty on Jan. 29, 2025.
Torres was one of Villanueva’s attorneys.
During the trial, Sablan, who represented herself, filed a motion to quash the defense’s subpoena for her to testify, saying that the subpoena ad testificandum issued to her was “unreasonable, oppressive, and without merit.”
Judge Govendo granted Sablan’s request to quash the subpoena and later ordered Torres to show cause why he should not be sanctioned for wasting court resources.
In his reply to the judge’s order, Torres said he subpoenaed a witness who was on the Commonwealth’s witness list.
“The Commonwealth presumably placed Ms. Sablan on the witness list because it believed she had relevant testimony to this matter, and the Commonwealth never struck Ms. Sablan’s name from their witness list and still reserve[d] the right to call her in trial,” Torres said.
He added, “The prosecution did not object to the defense calling the Commonwealth’s witnesses and Ms. Sablan could have provided testimonial evidence that is relevant and material to Mr. Villanueva’s defense.”
Therefore, Torres added, he should not be sanctioned for “wasting court resources and filing a frivolous, unduly burdensome subpoena on a third party.”
