SUPERIOR Court Judge Kenneth L. Govendo erred and abused the court’s discretion when he sanctioned and disqualified Assistant Attorney General James Robert Kingman in the prosecution of case CR-24-0028, Chief Solicitor J. Robert Glass Jr. said.
The Office of the Attorney General is appealing Judge Govendo’s order that sanctioned and disqualified Kingman from prosecuting the late Shayne Villanueva, who was charged with contempt of the Legislature.
In his opening brief, Glass argued:
“The trial court failed to follow the precedents of this court in using its inherent powers to sanction AAG Kingman, as it failed to provide notice and a hearing, even though Kingman’s actions were part of representing the Commonwealth in prosecuting alleged violations of Commonwealth law.”
He added, “The trial court abused its discretion in sanctioning AAG Kingman by finding that he committed prosecutorial misconduct and violated Model Rule 3.8.”
Glass also said, “The trial court denied the due process rights of AAG Kingman by sanctioning him without a hearing and without developing a factual record.”
Background
On May 2, 2023, the CNMI House of Representatives established the House Special Committee on Federal Assistance and Disaster-Related Funding to investigate potential misuse of funds in the BOOST Program.
BOOST stands for “Building Optimism, Opportunities, and Stability Together,” a $17 million federally funded program.
Villanueva was the owner of Roil Soil Marketing, which the administration of then-Gov. Ralph DLG Torres contracted to help market and promote the program.
Villanueva was subpoenaed to testify on January 17, 2024. During the March 5, 2024, hearing, Villanueva, represented by attorney Keith Chambers, invoked the Fifth Amendment in response to questions regarding BOOST. The special committee then voted to hold Villanueva in contempt, and formal charges were filed on March 28, 2024.
Later, Judge Govendo denied Kingman’s motion to quash the subpoena that required him to testify as a witness in the trial, stating 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, Judge Govendo reprimanded Kingman and fined him $500 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 fined him $500 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 December 30, 2024, Judge Govendo denied their requests.
The judge also denied Kingman’s motion to stay the sanctions and to temporarily vacate the attorney sanctions.
Moreover, the judge denied both attorneys’ requests for an order to show cause, averring that their due process rights were not violated.
Chambers paid his $500 sanction on December 30, 2024.
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 originally a party to a lawsuit but joins either the plaintiff or defendant side.)
Earlier this year, Judge Govendo found Villanueva not guilty of contempt by the Legislature.
The AG’s office has informed Kingman that his contract, which expires on July 2, will not be renewed.
