Initial hearing for Torres’ lawsuit set for February

The Superior Court is set to hear Gov. Ralph DLG Torres’ lawsuit against the House Standing Committee on Judiciary and Governmental Operations next month.

Timothy Bellas, Superior Court judge pro tempore, will hear the lawsuit filed by Torres against the JGO committee, as well as the committee’s recent motion to dismiss the lawsuit, on Feb. 18, at 9am.

Bellas will serve as the judge in this initial proceeding because Torres, through his lawyers, Gil Birnbrich and Joseph Horey, have yet to file an official motion in opposition to the judge’s appointment to this case, despite Torres already discussing in public Bellas capacity to be impartial in this case.

During the hearing, the court will address the JGO’s recent motion to dismiss Torres’ lawsuit. The committee’s lawyers claim that the JGO is protected under the CNMI’ Constitution’s speech or debate clause, which provides them immunity from being sued.

According to the recent motion filed by JGO counsels Brendan Layde and Joseph Taijeron Jr., the CNMI Constitution’s speech or debate clause is intended to protect legislators from harassment by the Executive Branch, including “the burden of defending meritless lawsuits.”

“The speech or debate clause protects the JGO committee from harassment such as this lawsuit as it exercises legislative oversight. It has absolute immunity for acts, such as the subpoena for the governor to testify, that fall within the sphere of legitimate legislative activity. The suit must therefore be dismissed under Rule 12(b)(6),” the motion stated.

Last month, Torres and the Office of the Governor sued the JGO committee over its decision to hold him in contempt. Torres wants the Superior Court to declare that the JGO committee’s subpoena invalid and unlawful.

Torres, in his complaint, stated that his is suing the JGO committee for violation of Commonwealth statute in issuing the subpoena, infringement upon the testimonial immunity conferred by the Commonwealth Constitution, lacking valid legislative purpose in violation of the Commonwealth Constitution, and usurping responsibilities constitutionally delegated to other executive offices in violation of the Commonwealth Constitution.

In addition, Torres also asks the court to quash the subpoena and stop the committee from enforcing the subpoena.