Motion to disqualify Barcinas is overruled

Arthur Barcinas and Ralph DLG Torres

Superior Court Judge pro tempore Arthur Barcinas has overruled the Office of the Attorney General’s objection to his appointment to preside over the ongoing criminal case against former governor Ralph DLG Torres.

Barcinas’ order yesterday overrules the objection of special prosecutor James Kingman against Barcinas’ appointment to preside over the misconduct in office case filed by Attorney General Edward Manibusan against Torres. Kingman had sought to have Barcinas disqualified on the ground that the judge was already serving as justice pro tem in a related CNMI Supreme Court case.

“The court overrules the objection on the grounds that the two cases involve two separate legal matters and facts in common are not considered to be disqualifying events. A decision in one of two related cases does not significantly determine or affect the decision in the other case, and parties cannot attack a judge’s impartiality because of information and beliefs acquired by the judge while acting in his judicial capacity,” said Barcinas.

Specifically, Barcinas is the judge now handing the appellate case Ralph DLG Torres v. House Standing Committee on Judiciary and Governmental Operations.

Kingman argued that Torres, who is a defendant in the criminal case, is plaintiff-appellant in the appellate case.

“The controversy in question arises from the same investigation that originated the charges in the criminal case. The criminal case here originated with a referral based on the investigation carried out by defendant-appellee that also gave rise to the case on appeal. Count XIV of the criminal case, contempt, is the issue at heart of the criminal case,” Kingman said.

Despite that argument, Barcinas determined that, because the alleged basis for disqualification arises from his status as a judge, the source is not extrajudicial.

“Without extrajudicial influence, judicial rulings alone almost never constitute a valid basis for disqualifications and can only in the rarest circumstances demonstrate the degree of favoritism or antagonism required for disqualification. Therefore, opinions formed by Judge Barcinas on the basis of facts introduced or events occurring in the course of concurrent or prior proceedings do not constitute a basis for disqualification unless the Commonwealth can demonstrate that such opinions would show deep-seated favoritism or antagonism that would make fair judgment impossible,” Barcinas said.

In September 2022, the judge pro tem in the case, Guam judge Alberto Tolentino, recused himself from the case due to health reasons.

After the recusal, the CNMI Supreme Court appointed Barcinas, who is also from Guam, to preside over the case.