Supreme Court finds Torres’ appeal moot

The CNMI Supreme Court dismissed yesterday as moot the appeal filed by former governor Ralph DLG Torres against the Superior Court’s previous order in favor of the 22nd House Standing Committee on Judiciary & Governmental Operations.

Previously, Torres appealed the Superior Court’s ruling that legislative immunity granted by the CNMI Constitution provided absolute protection to the House Standing Committee from lawsuits regarding legislative activity.

The House Standing Committee held Torres in contempt for failure to comply with a legislative subpoena.

However, the Supreme Court ruled on the appeal yesterday and dismissed Torres’ claim altogether on the ground of being moot already since the 22nd Legislature no longer exists and Torres is no longer the governor.

The Supreme Court dismissed Torres’ appeal without deciding the merits of the Superior Court decision.

“The court dismisses the case on mootness grounds, finding that the central issues in the appeal no longer presented an actual controversy. In January 2023, both the House Standing Committee of the 22nd Legislature—the appellee—adjourned sine die, and former governor Torres—one of the appellants, in his official capacity—left office. The [high] court held that it has the discretion to decline review of an appeal when the adversarial parties no longer exist and have left office,” said the Supreme Court.

“Our conclusion that this appeal is moot does not approve or disapprove of the decision by the Superior Court to dismiss the suit below under Rule 12(b)(6),” the court added.

On Dec. 4, 2021, the House Committee on Judiciary & Governmental Operations of the 22nd Northern Marianas Commonwealth Legislature served Torres with a subpoena to compel him to appear during an investigation into the administration’s grant program.

The subpoena “commanded” Torres to appear before the committee during a scheduled committee proceeding to testify on “government expenditures and related matters” and stated that failure to appear may subject Torres to contempt pursuant to Commonwealth law.

Torres did not appear and the committee voted to hold him in contempt.

Subsequently, Torres sued the committee in Superior Court, seeking a declaration that the subpoena violated Commonwealth law and that its enforcement would violate the NMI Constitution.

The committee filed a motion to dismiss, arguing that the legislative immunity provided by the CNMI Constitution should operate as an absolute bar to the former governor’s lawsuit.

The Superior Court agreed with the committee and dismissed the case with prejudice.

Ralph DLG Torres