A HEARING on the motion to dismiss the articles of impeachment against Gov. Ralph DLG Torres will take place Tuesday, April 19, at 10 a.m. in the Senate chamber.
Senate President Jude U. Hofschneider said the moving party is required to be in attendance.
He noted that on March 29, he selected Rep. Corina L. Magofna to be the House impeachment prosecutor, pursuant to Senate Impeachment Rule 7(a)(2) and gave notice to enter an appearance in the matter.
Per these rules, if either the House Speaker or House Impeachment Committee chairperson is unable to serve as House impeachment prosecutor, then the Senate president shall select a House member to serve as House impeachment prosecutor.
“Pursuant to Rep. Magofna’s failure to timely file an appearance in this matter and the House Clerk’s failure to submit the House impeachment record in compliance with Senate Impeachment Rule 9(e), the House Impeachment Prosecutor shall not be allowed to participate at the hearing on the motion to dismiss the articles of impeachment,” Hofschneider stated in a memorandum to all members of the Senate on Thursday.
Earlier this month, the Senate clerk returned the House impeachment record to the house clerk, citing various “deficiencies,” and allotting 48 hours for the corrections to be made.
The House clerk then requested a 30-day extension which Hofschneider declined, saying that the Senate had allowed the House ample time to prepare the House impeachment record.
On Thursday last week, Hofschneider said the Senate would proceed with its hearing on the governor’s impeachment — with or without the House impeachment record or a House prosecutor.
According to the agenda for the Senate hearing on Tuesday, public comments will be heard prior to the senators’ discussing the motion to dismiss the articles of impeachment against Torres.
Hofschneider sent out an agenda earlier this week, noting the amendments to the Senate rules that prohibit members from appearing virtually for upcoming proceedings.
The governor was impeached by the House of Representatives on Jan. 12, 2022 by a vote of 15 to 4 with 1 abstention, on allegations of felonies of theft, corruption and neglect of duty. He has denied the charges.
At least six of the nine senators must vote to convict in order to remove the governor from office.
On Friday, the Office of the Attorney General filed criminal charges in Superior Court against the governor over his first-class off-island travels and failure to comply with a subpoena issued by a House committee investigating his public expenditures.
Jude Hofschneider
