AG: No known conflict preventing sitting justice from ruling on matter
Office of the Attorney General Chief Solicitor Robert Glass Jr. says there is no known conflict preventing current Supreme Court justices from hearing the OAG’s appeal of Superior Court judge pro tem Arthur Barcinas’ order disqualifying the office from prosecuting former governor Ralph DLG Torres in a misconduct in public office case.
Last week, the OAG filed it docketing statement essentially laying out the issues they want reviewed by the NMI Supreme Court in regard to their appeal of Barcinas’ order disqualifying the OAG from prosecuting Torres in a misconduct in public office case.
Glass, in the filed statement, highlighted that the OAG believes the current justices do not have a known or potential conflict from hearing this case.
“This case presents important constitutional issues regarding the independence of the elected Attorney General in prosecuting corruption at the highest levels of government. The Commonwealth is not aware of any conflicts which would prevent a sitting justice from hearing and deciding this important constitutional issue. The current justices heard and decided a parallel issue as to the pro hac admission of the special prosecutor to this case when they decided 2023 MP 6. This case presents similar arm’s length issues regarding the constitutional duty of the sole prosecuting authority in bringing criminal charges against those in the highest levels of government. As such, the Commonwealth would request the current justices, who were duly appointed, confirmed, and retained by the people of the Commonwealth in their exercise of self-governance to decide these important issues regarding the CNMI Constitution,” he said.
The docketing statement further states that the Commonwealth intends to bring this case as an appeal, but understanding that appeal rights are narrowly construed, will be bringing a petition for writ of mandamus in the alternative should this Court find there is no right to appeal.
“The Commonwealth intends to follow all NMI Supreme Court Rules regarding both appeals and petitions for writs of mandamus to ensure a proper record and notice,” said Glass.
In December 2021, former governor Torres was found in contempt of a legislative subpoena by the House Judiciary and Governmental Operations Committee for refusing to appear before the panel.
On April 2022, the OAG charged Torres with 12 counts of misconduct in public office, one count of theft, and one count of contempt for failure to appear in compliance with a legislative subpoena.
Torres denied the charges.
In August 2022, judge pro tem Alberto Tolentino dismissed without prejudice the contempt charge against the former governor after finding that there was evidence indicating that prosecutor Glass was exposed to “privileged information”.
In October 2023, assistant attorney general James Robert Kingman refiled a separate charge of contempt and misconduct in public office against Torres.
Earlier this month, Barcinas disqualified Kingman and the AG from prosecuting Torres in this case and deferred the appointment of another prosecutor to Gov. Arnold I. Palacios.
Palacios, for his part, says because the OAG is going through an appeal process, he will refrain from acting on the issue but will do so if he must if the court maintains the Superior Court’s order.
Robert Glass Jr.
