Torres moves to dismiss Kingman anew from prosecuting his case  

The defense team for former governor Ralph DLG Torres has filed, again, a motion to dismiss or disqualify now assistant attorney general James Kingman from prosecuting his criminal case.

Last Thursday, Torres’ band of lawyers filed a motion to dismiss or disqualify the Office of the Attorney General, more specifically AAG James Kingman, from prosecuting his criminal case on the argument that he is unauthorized to practice law in the CNMI.

Torres is represented by attorneys Viola Alepuyo, Victorino DLG Torres, Matthew Holley, and Anthony Aguon.

“Torres hereby files this motion to dismiss or alternatively to disqualify the Office of the Attorney General due to the unauthorized practice of law,” said the motion.

In support of the motion, Torres’ lawyers argue that based on Commonwealth law, the unauthorized practice of law has apparently occurred in this case.

Torres lawyers said they believe that between March 6, 2023, and July 13, 2023, Kingman engaged in the unauthorized practice of law in the Commonwealth while acting as a special prosecutor for this case, and was assisted, aided, and abetted by the Office of the Attorney General.

Specifically, Torres’ lawyers allege that Kingman never took the attorney oath as required by CNMI Supreme Court rules to practice law in the Commonwealth.

“NMI Supreme Court Rule 75-2© mandates in clear and plain language that ‘every person’ must take the attorney oath prior to practicing law in the Commonwealth. Mr. Torres is unaware of any record or evidence showing that Mr. Kingman took the oath required by NMI Sup. Ct. R. 75-2© between March 6, 2023 and July 13, 2023. If he had taken the oath prior to July 13, 2023, then it would not have been necessary for him to be sworn in and sign another oath again on July 13, 2023, when he became an assistant attorney general. This means that each and every act taken by Mr. Kingman between March 6, 2023 and July 13, 2023 as Special Prosecutor for this case constitutes an unauthorized practice of law,” said Torres’ defense team.

Due to this alleged unauthorized practice of law, Torres’ team of lawyers argues that the court should disqualify the OAG from prosecuting his case, or at the very least disqualify Kingman.

“The unauthorized practice of law justifies dismissal of this case with prejudice. If the court determines that the scope and scale of the unauthorized practice of law does not warrant the sanction of this case’s dismissal with prejudice, then the court should disqualify the OAG from this case, or at a minimum disqualify assistant attorney generals Kingman and chief solicitor Robert Glass from prosecuting this case and any other case or charge against Mr. Torres arising from the same temporal period and/or the facts and circumstances as this case,” said Torres’ defense team,” said the motion.

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