WITHOUT a set of rules for the Senate impeachment trial of Gov. Ralph DLG Torres, there is no way to ensure that no ex parte communication will take place between the governor and the Senate leadership, Sen. Paul A. Manglona said.
According to an online legal dictionary, ex parte in legal ethics “refers to improper contact with a party or a judge. Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party’s lawyer also being present.”
One of the two minority bloc members in the Senate, Manglona has asked Senate President Jude U. Hofschneider to “immediately entertain” Senate Resolution 22-14 sponsored by Manglona and Sen. Edith Deleon Guerrero, the other minority bloc member.
Manglona said their resolution calls for the adoption of impeachment rules similar to those adopted by Senate for the trial of then-Gov. Benigno R. Fitial who was impeached by the House in February 2013.
“We, senators, must be bound by some rules preventing any ex parte communications with the House prosecutor, their staff, the governor, and his counsel or staff. No rule is currently in place, and without one, there is no way to ensure that no ex parte communications are happening. The [2013] Senate impeachment rules addressed this and other important details,” Manglona told the Senate president.
In a separate interview, Hofschneider said S.R. 22-14 will be referred to the appropriate committee.
Manglona also asked Hofschneider to include the minority bloc in the review and discussion of the impeachment rules “to ensure fairness and provide objectivity.”
He noted that the Senate committees that will review the House impeachment resolution do not have “any minority representation,” referring to Judiciary, Government, Law and Federal Relations; and Executive Appointments and Government Investigations.
“Being that our sitting governor is a Republican, I ask that you sincerely consider my request to include the Senate minority,” Manglona told Hofschneider.
The Republican-led leadership has seven members in the nine-seat Senate.
As for the impeachment resolution adopted by the Democrat-led House, Manglona said, “It is imperative that the Senate address this resolution as it involves government corruption and misuse of public funds. Our Commonwealth has seen many bleak economic years, and our people took the brunt of our government’s fiscal crisis with austerity measures, reduction in retirement pensions, and high cost of living.”
Manglona also noted that while the Senate president, in a memo, requested a “timely review” of the impeachment resolution on the part of the Senate committees, Hofschneider “does not express the necessity for a swift turnaround with a firm deadline,” Manglona added
He said Hofschneider’s memo also does not instruct the committees to draft new impeachment rules or to review the 2013 rules.
Hofschneider, for his part, said the Senate will be fair and impartial.
House Resolution 22-14 accuses the governor of commission of felonies, corruption, and neglect of duty. Torres has denied the allegations. He will be removed from office if at least six of the nine senators vote to convict him.
Paul A. Manglona
