IN an official memorandum on Thursday, Senate President Jude U. Hofschneider reminded his colleagues to refrain from speaking about the impeachment or anything related to it when they cross paths with Gov. Ralph DLG Torres this weekend on Tinian for the annual Pika Festival.
“In the next few days, several members of the Senate will be attending the annual Pika Festival in Tinian. It is expected that Gov. Ralph Torres, like many government officials, will also attend the scheduled ceremonies in accordance with the duties of his office. All members of the Senate, regardless of party affiliation, have been advised about the prohibition of communications with the Governor or his representatives about any matters related to the impeachment,” Hofschneider said.
“Government duties must continue. In our capacity as representatives of the people of the CNMI and the CNMI legislature, we cannot avoid the necessary contact with the elected head of the executive branch.”
Hofschneider said this letter or memorandum to the Senate members serves as a notice pursuant to Rule 18(b)(2) of the Senate Impeachment Rules that members of the Senate expect to have communication with Gov. Torres during the Pika Festival ceremonies that are necessary to carry out the official business of government.
Should any specific communication take place, the member or members engaging in the communication will promptly inform all parties in compliance with Rule 18(b)(2) of the Senate Impeachment Rules.
Rule 18(b)(2) of the Senate Impeachment Rules states, “A Senator shall not initiate, permit, or engage in ex parte communications with the Impeachment Prosecutor or his or her staff; or the Impeached Official or the Impeached Official’s counsel or staff, except when such communication is necessary to aid in carrying out official government business and the opposing party is promptly informed of the communication and the substance of the communication.”
According to an online legal dictionary, ex parte is a Latin term that means “by or for one party,” and refers to an attorney’s communication with:
• A judge or arbitrator without notice to, and outside the presence of, the other parties.
• Another party outside the presence of that party’s attorney.
The Senate will soon begin the impeachment trial of the governor who has been accused of commission of felonies, corruption, and neglect of duty. He has denied the allegations.
He will be removed from office if six members of the Senate vote for his conviction.
Jude U. Hofschneider
