THE Office of the Attorney General has appealed Judge Pro-Tempore Arthur Barcinas’s ruling that disqualified the OAG from prosecuting former Gov. Ralph DLG Torres in the misconduct in public office case filed against him.
Judge Barcinas cited the OAG’s conflict of interest in his ruling and said the governor could appoint a new prosecutor.
On Aug. 13, Chief Solicitor J. Robert Glass Jr. filed a notice of appeal, arguing that Judge Barcinas “invalidated” the OAG’s constitutional duty as the CNMI’s sole prosecuting authority.
“This appeal is not taken for the purpose of delay, but so that justice may be done and to validate the duties of the Attorney General as the sole prosecuting authority under the NMI Constitution,” Glass added.
In an interview on Friday, Attorney General Edward Manibusan said he is “strongly in favor” of appealing Judge Barcinas’s ruling.
Background
In December 2021, then-Governor Torres, a Republican, was found by a Democrat-Independent-led House Judiciary and Governmental Operations Committee in contempt of a legislative subpoena for refusing to appear before the panel, which was investigating his public expenditures.
On April 8, 2022, the OAG charged Torres with 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 denied the charges.
On Aug. 23, 2022, Judge Pro Tem Alberto Tolentino dismissed without prejudice the contempt charge against the former governor.
The judge said evidence indicated that the prosecutor, J. Robert Glass Jr., was exposed to “privileged information regarding non-appearance to a legislative subpoena as charged in Count XIV — Contempt.”
On Oct. 26, 2023, Assistant Attorney General James Robert Kingman refiled a separate charge of contempt and misconduct in public office against Torres.
In its motion to disqualify the OAG from prosecuting the case, Torres’s defense team noted that the AG is tasked with “providing legal advice to the governor and executive departments, and representing the Commonwealth in legal matters, including prosecution of violations of Commonwealth law.”
“This case presents a unique conflict between these roles, as the OAG’s previous advisory relationship with [former Governor] Torres now intersects with its duty to prosecute, raising serious ethical and procedural questions,” the defense team said.