Kingman opposes judge Barcinas’ appointment to new contempt suit against Torres

Special Prosecutor turned Assistant Attorney General James Kingman has filed an opposition to the appointment of Guam Superior Court Judge Arthur R. Barcinas to serve as judge pro tempore in the government’s new contempt suit against former governor Ralph DLG Torres. His reason being procedural delays in the ongoing criminal suit against the former governor.

After all sitting CNMI Superior Court judges recused themselves from the new suit Kingman filed against the former governor to include previously dismissed contempt charges, Chief Justice Alexandro C. Castro issued an order appointing Honorable Arthur R. Barcinas from the Guam Superior Court to serve as judge pro tempore in this matter.

However, Kingman has filed his opposition to this order on the grounds of efficient judicial administration.

“The Judiciary of Guam in general and Judge Barcinas in particular have demonstrated a commendable willingness to assist the Commonwealth with its needs for the administration of justice. This is neither the first nor last time such service will be called upon and appreciated. However, it has become apparent that the reliance on Judge Barcinas has created a workload that procedurally and substantively has diminished the effective administration of justice and the courts. Respectfully, the Commonwealth requests that a different judge be selected to serve pro tempore,” he said.

In his 10-page opposition, Kingman argued that the pending 13-count charge against Torres is already assigned to Barcinas and since his assignment, the progress of this case has slowed dramatically.

“The pending motions and hearings have been operating without scheduling orders necessary for the fair and efficient administration of justice. Subsequent cases – the nature of which the Court and Defendant are aware due to prior motions – will create the same spate of recusals by the members of the CNMI judiciary. Once again, there will likely be a judge pro tempore facing the new allegations,” he said.

Kingman also argues that a substantive conflict exists if Barcinas is appointed judge pro tem in this case.

“The present criminal case is the fourth case assigned to Judge Barcinas involving the investigation, and prosecution of [Torres’] alleged wrongdoing in office and legal obligations. Now, the defendant’s case challenging the Commonwealth’s contract with Kingman is also on Judge Barcinas’s civil docket. These cases with overlapping issues of fact and law should not be decided with different standards or at different levels in different proceedings in front of the same decider,” he said.

Last month, Kingman filed a new suit against Torres charging him anew with contempt over his failure to comply with a legislative subpoena last December 2021.

Clerk of court Patrick Diaz issued a penal summons for Torres, stating he must appear before a judge on Dec. 18, 2023, at 9am. If he fails to appear, Torres faces possible arrest.

Aside from contempt, Kingman also charges Torres with misconduct in public office for failing to appear in compliance with the legislative subpoena.

This is not the first time the Office of the Attorney General filed a contempt suit against Torres, but that initial charge was dismissed in August 2022. Judge pro tem Alberto Tolentino’s order granted, in part, and denied, in part, Torres’ motion for the withdrawal or disqualification of the OAG as a prosecutor. It was in this order that the judge dismissed the contempt charge against Torres.