GOVERNOR Arnold I. Palacios will seek guidance from the Office of the Attorney General and the CNMI judiciary regarding the appointment of a special prosecutor in the misconduct in public office case against former Gov. Ralph DLG Torres.
On July 16, citing a conflict of interest, Judge Pro Tempore Arthur Barcinas disqualified the OAG, including Assistant Attorney General James Robert Kingman, from prosecuting Torres in case CR 22-0050.
Judge Barcinas also declined to appoint a new special prosecutor, and being unable to appoint the Office of the Public Auditor to prosecute in lieu of the OAG, he said he will defer to the executive branch to “execute its prosecutorial authorities in the case.”
The judge likewise disqualified the OAG and Kingman from prosecuting a related case, the refiled separate charge of contempt and misconduct in public office against the former governor (CR 23-0127).
“Obviously, the OAG is appealing the court’s decision … I don’t think it’s appropriate for me to comment…. [But] you know, we will cross that bridge when we get to it,” Palacios told reporters on Monday.
If the CNMI Supreme Court upholds Judge Barcinas’ ruling, Palacios said, “Then I have to step up to the plate.”
“I will look for guidance from the OAG folks, the judiciary,” he added. “When we get there, we will see.”
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 Office of the Attorney General charged the former governor 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, Kingman refiled a separate charge of contempt and misconduct in public office against the former governor.
