{"id":411436,"date":"2024-07-30T14:00:00","date_gmt":"2024-07-30T14:00:00","guid":{"rendered":"https:\/\/www.saipantribune.com\/?p=411436"},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-29T14:00:00","slug":"I-ll-step-up-to-the-plate-if-I-have-to","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/I-ll-step-up-to-the-plate-if-I-have-to\/","title":{"rendered":"\u2018I\u2019ll step up to the plate if I have to\u2019"},"content":{"rendered":"

Gov. Arnold I. Palacios says that he will step up to the plate should the Supreme Court maintain its ruling disqualifying the Office of the Attorney General from prosecuting former governor Ralph DLG Torres and vesting in him the power to choose a new prosecutor.<\/p>\n

Over a week ago, judge pro tem Arthur Barcinas disqualified the CNMI Office of the Attorney General, including assistant attorney general James Robert Kingman, from prosecuting former governor Torres\u2019 pending misconduct in public office case.<\/p>\n

As part of the order, Barcinas deferred to the Executive Branch to \u201cexecute its prosecutorial authorities in the case,\u201d essentially vesting the power to choose a new prosecutor in this case to Palacios.<\/p>\n

In an interview with Palacios, he said currently, the OAG is appealing Barcinas\u2019 ruling with the Supreme Court.<\/p>\n

\u201cThe Attorney General is appealing that court decision, until such time that that decision is made on the appeal, I think it would be appropriate of me not to comment on it yet. We\u2019ll see, we\u2019ll cross the bridge when we get there,\u201d he said.<\/p>\n

However, when asked should Barcinas\u2019 ruling be reaffirmed by the high court, Palacios said he would step up to the plate.<\/p>\n

\u201cI\u2019m going to have to step to the plate and look for guidance from folks and even the Judiciary. We\u2019ll see what happens when we get there,\u201d he said.<\/p>\n

According to Saipan Tribune<\/em> archives, the legal challenges on the Torres case began in December 2021 when a Democrat-Independent-led House Judiciary and Governmental Operations Committee found then-governor Torres, a Republican, in contempt of a legislative subpoena for refusing to appear before the panel investigating his public expenditures.<\/p>\n

On April 8, 2022, the OAG charged Torres with 12 counts of misconduct in public office and one count of theft, relating to the issuance of premium class airline tickets for himself and his wife, Diann T. Torres. Additionally, the OAG alleged one count of contempt for failing to comply with a legislative subpoena. Torres has consistently denied these charges.<\/p>\n

Then-judge pro tem Alberto Tolentino dismissed the contempt charge against Torres on Aug. 23, 2022, citing that the prosecutor, J. Robert Glass Jr., had been exposed to privileged information regarding the non-appearance to the legislative subpoena. However, on Oct. 26, 2023, Kingman refiled a separate charge of contempt and misconduct against Torres.<\/p>\n

Torres\u2019 defense team, comprised of attorneys Viola Alepuyo, Matthew Holley, Victorino Torres, and Anthony Aguon, argued for reconsideration of the disqualification order. They presented multiple points, including the interlocutory nature of the order, errors in the court\u2019s reliance on House Legislative Initiative 17-2, misapplication of the Model Rules of Professional Conduct, the ineffectiveness of the OAG\u2019s ethical screening, and the lack of a meaningful hearing for Torres.<\/p>\n

In his order, Barcinas agreed with the defense, highlighting clear errors and manifest injustice in the previous ruling. He noted that the charges against Torres were inherently tied to his official capacity as governor, contrary to the earlier determination that they were personal.<\/p>\n

According to Barcinas, he found the OAG\u2019s ethical screening procedures inadequate. Attorney General Edward Manibusan had testified that he screened assistant attorney general Robert Glass from conflicts, but the judge found this screening to be insufficient and improperly documented.<\/p>\n

In a related case, Barcinas found that Manibusan\u2019s involvement constituted \u201cswitching sides,\u201d leading to a broader disqualification of the entire OAG from the case. The judge also ruled that Kingman, having been influenced by Manibusan, was disqualified from serving as a special prosecutor.<\/p>\n

With the OAG and Kingman disqualified, the court declined to appoint a special prosecutor, citing concerns over potential influences and deferring the responsibility to the executive branch.<\/p>\n

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.<\/p>\n

<\/p>\n

Arnold I. Palacios<\/p>\n","protected":false},"excerpt":{"rendered":"

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