Torres lawyers: Attorney cannot both advise and prosecute client
In the light of the recent court ruling to disqualify the Office of the Attorney General and prosecuting attorney James Kingman from Ralph DLG Torres’ misconduct in office and other cases, the former governor’s defense team said judge pro tem Arthur Barcinas’ decision was based on precedence.
In a statement last Friday, the defense team stated that the court was right when it ruled the OAG be recused from prosecuting Torres due to conflict of interest.
“The law is clear that an attorney cannot both advise a client and thereafter prosecute him. This decision aligns with the court’s duty to ensure fair and impartial legal proceedings, adhering to established legal standards and precedents.”
Torres’ lawyers likened Barcinas’ order to the decisions made during the prosecutions of former governor Benigno R. Fitial and former attorney general Edward Buckingham.
“The court’s ruling is consistent with past precedence, including the prosecutions of former governor Fitial and former AG Buckingham. In those cases, the OAG recused itself or agreed to withdraw due to conflicts of interest. These decisions have all recognized the harmful and unjust effect of allowing the OAG to prosecute its own client, the CNMI governor, and has emphasized the importance of maintaining a system of checks and balances as mandated by the Commonwealth constitution.”
They continued “By recusing the OAG, the court has upheld the principles underlying these past prosecutions of high-level government officials, ensuring that the prosecution of former governor Torres proceeds fairly and lawfully. The decision does not dismiss Criminal Case No. 22-0050 or any of the charges against former governor Torres. Instead, it guarantees that the trial will be conducted fairly and lawfully, fulfilling the Judiciary’s responsibility to decide matters based solely on the law.”
The defense stated that the decision reflects the court “applying the guiding and binding legal principles to the facts as opposed to making a decision based on politics, which unfortunately some believe is the Judiciary’s role.”
With the OAG and Kingman disqualified, Barcinas declined to appoint a special prosecutor, citing concerns over potential influences and deferring the responsibility to the Executive Branch.
Barcinas has scheduled a hearing for Oct. 14 at 10am via Zoom. Until a new prosecutor is appointed, all other issues in the matter will be held in abeyance.
Ralph DLG Torres
