FORMER Governor Ralph DLG Torres has no objection to the appointment of Guam Superior Court Judge Arthur R. Barcinas as judge pro tempore in the misconduct in office case filed by the Office of the Attorney General against Torres pertaining to first-class travel.
But the former governor is challenging the pro hac vice admission of special prosecutor James Robert Kingman.
Torres, through his defense team, filed a notice of non-objection to Judge Barcinas’ appointment on Wednesday.
CNMI Chief Justice Alexandro C. Castro last week named Judge Barcinas as judge pro tempore and asked the parties to notify the clerk of Superior Court in writing no later than 10 days from the issuance of the order to state any objection.
The former governor’s jury trial will start on June 5, 2023.
Last year, the local Supreme Court appointed Judge Alberto Tolentino, who is also from Guam, as judge pro tempore after CNMI Presiding Judge Roberto C. Naraja and the other associate judges of the local trial court recused themselves from the case.
Judge Tolentino recently recused himself from the case due to health reasons.
The Office of the Attorney General has 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 AG’s office also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
The former governor has denied the charges.
Reconsider
Torres, through his defense team, has asked the local high court to reconsider the pro hac vice admission of special prosecutor James Robert Kingman.
“The pro hac vice admission of James Robert Kingman to the CNMI Bar should be vacated because the application for his pro hac vice admission is materially deficient,” according to the defense motion for reconsideration submitted to the CNMI Supreme Court on Wednesday.
“Pro hac vice” is a Latin term that means “for this occasion” or “for this particular purpose.” It refers to the practice of allowing an attorney who is not licensed in a particular jurisdiction to appear in court in that jurisdiction for a specific case or matter.
The AG’s office hired Kingman, a private attorney from Texas, to assist in prosecuting Torres.
On March 6, 2023, Chief Justice Castro granted Kingman’s application for pro hac vice, and waived the $5,000 pro hac vice admission fee.
According to the defense team’s seven-page motion, admission to the CNMI Bar is a serious matter and not a perfunctory or ritualistic process.
“The pro hac vice application in this matter contains material deficiencies that warrant the reconsideration of Mr. Kingman’s pro hac vice admission to the CNMI Bar. The material deficiencies include, but are not limited to:
“1) Mr. Torres was never served with notice of the pro hac vice application as mandated by NMI SUP. CT. R. 21-1;
“2) The application fails to articulate ‘why the client requires the attorney’s representation before the Commonwealth courts’ as required by NMI SUP. CT. R. 73-1(b);
“3) The application fails to comply with the sworn affidavit requirement of NMI SUP. CT. R. 73- 1(e); and
“4) Pro hac vice is not the appropriate admissions rule for a special prosecutor in a criminal case.
“Mr. Torres did not receive any notice of the application from the applicant, the Office of the Attorney General or the Supreme Court prior to granting of the pro hac vice application,” the defense motion stated.
Furthermore, the File & Serve transaction records related to the pro hac vice filing in this matter do not include any proof of service on Torres as required by NMI SUP. CT. R. 21-1., the defense motion added.
“This material deficiency is enhanced by the fact that Mr. Torres was not served with either the pro hac vice application, or the order granting it. Mr. Torres only received those documents after the application was filed and granted by the Supreme Court, when the local media reported on it. Mr. Torres was also not given any opportunity to argue the merits of the application.”
The former governor is represented by attorneys Viola Alepuyo, Victorino DLG Torres, Matthew Holley and Anthony Aguon.
The lead prosecutor is Chief Solicitor J. Robert Glass Jr. of the AG’s office.
