By Bryan Manabat
bryan@mvariety.com
Variety News Staff
ASSISTANT Attorney General David Karch said Wednesday that the Office of the Attorney General is pursuing a “non-trial disposition” in the case against former Gov. Ralph DLG Torres, who faces charges of misconduct in public office, theft of government funds through premium-class airline travel, and contempt of the Legislature for failing to comply with a subpoena.
“Negotiations for a non-trial disposition are moving forward. It’s been going well, but we are not there yet,” Karch said in an interview. “We’re discussing how to resolve this [case] as soon as possible without trial.”
Superior Court Pro Tem Judge Arthur Barcinas, who is presiding over the case, has not issued a scheduling order. At a Dec. 1 hearing, he said a status conference will be held in March 2026.
Karch filed a notice of appearance to represent the government following the disqualification of previous prosecutors. In August, the CNMI Supreme Court remanded the case to the lower court to resume prosecution and allow for the appointment of a new prosecutor.
In two opinions issued Aug. 22, 2025, the high court upheld 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.
The justices ruled that the Rules of Professional Conduct cannot be used to vicariously disqualify the entire office when conflicts have been properly screened. However, in affirming the removal of Kingman and Glass, the high court said their continued involvement “would appear improper and could erode public confidence.”
The ruling underscored the OAG’s constitutional role as the Commonwealth’s legal officer and emphasized that separation of powers requires judicial review before trial proceedings resume.
“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,” the justices wrote. “Deference to the executive branch regarding appointment of a special prosecutor is not contemplated by the NMI Constitution.”
The court further clarified that if the OAG were disqualified, the attorney general retains 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 the 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. Torres has denied the charges.
On Aug. 23, 2022, Pro Tem Judge Alberto Tolentino dismissed the contempt charge without prejudice, citing Glass’s exposure to privileged information related to Torres’ non-appearance.
In July 2024, Judge 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 that responsibility to the executive branch.
Barcinas also disqualified the OAG and Kingman from prosecuting a related case (23-0127-CR) involving refiled charges of contempt and misconduct. The OAG, through Glass, appealed the disqualification, arguing that the blanket removal violated due process and misapplied professional conduct rules.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
