Kingman says motion for his disqualification was ‘frivolous’
Assistant Attorney General, previously OAG special prosecutor, James Kingman says former governor Ralph DLG Torres’ motion to disqualify him on claims of “unauthorized practice of law” is frivolous.
Yesterday, the parties in the ongoing criminal case against former governor Torres went before Superior Court judge pro tem Arthur Barcinas for a motion hearing. During the hearing, parties argued their stance on the defense’s pending motion to dismiss or, alternatively, disqualify Kingman from prosecuting the case.
According to Kingman, the motion itself is frivolous and should not have even had a hearing in the first place.
“The judge wanted [a hearing] and that’s fine. I was happy to make the arguments,” he said.
Meanwhile, according to defense attorney Anthony Aguon, he claims stern sanctions like dismissal or disqualification is warranted in this case because the OAG is not above the law and must abide by the same laws they swore to uphold.
In this case, the defense claims, they did not abide by the law by allowing Kingman to prosecute the case without requiring him to take the oath that authorizes him to practice law in the CNMI. Because of this, the defense claims that Torres was severely prejudiced.
Barcinas, for his part, took the matter under advisement and will issue a ruling on the matter.
According to Saipan Tribune archives, the defense team of former governor Torres wants the Superior Court to dismiss the criminal suit filed against their client due to the alleged unauthorized practice of law on the part of special prosecutor Kingman.
As a possible alternative to disqualifying Kingman, Torres’ defense team is asking the Superior Court to consider dismissing the former governor’s criminal case altogether because the prosecution’s alleged misconduct throughout the case has “incurably prejudiced” Torres.
The misconduct Torres’ defense team is alluding to in its motion is Kingman’s alleged failure to take the attorney oath authorizing him to practice law in the CNMI, and the misuse of subpoena powers that exposed Torres’ bank account information.
Kingman, for his part, argues that the motion should be denied as it lacks any basis in fact or law.
Kingman further argues that dismissal with prejudice is an absurd proposed remedy as it is not based in law.
Torres has been charged by the Office of the Attorney General 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 complaint also includes theft charges related to the former governor’s travel expenses amounting to $20,000 between April 2018 and May 30, 2019, using public funds.
The case likewise alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
Torres has denied the charges.
In September 2022, judge pro tem Alberto Tolentino dismissed without prejudice the contempt charge against Torres. Without prejudice means the charge can be refiled.
James Kingman
