NMI judges recuse from Torres’ case vs Finance

The list of Superior Court judges left to hear former governor Ralph DLG Torres’ case against the Department of Finance and others has been cut short by three after three of the five CNMI Superior Court judges recused themselves from the case.

Superior Court Associate Judges Joseph N. Camacho, Teresa Kim-Tenorio, and Wesley Bogdan issued orders last week recusing themselves from hearing Torres’ suit against the Department of Finance regarding its decision not to rule on the defense’s petition against the contract of special prosecutor James Robert Kingman.

Camacho recused himself due to a conflict of interest because his wife, Viola Alepuyo, serves as one of Torres’ defense lawyers.

Bogdan also cited a conflict of interest, saying he used to serve as a legal counsel for Torres.

Without going into detail, Kim-Tenorio said she is recusing herself from this case because a conflict of interest exists.

This means the only remaining judges who have not issued orders of recusals are Presiding Judge Roberto Naraja and Associate Judge Kenneth L. Govendo. If these judges also choose to recuse themselves, the CNMI Supreme Court will have to appoint an off-island judge to preside over the case.

According to Saipan Tribune archives, Torres, through his defense team, filed a petition for a judicial review of the decision Department of Finance made in the Kingman case. The DOF and the Office of the Attorney General were named respondents in this matter.

The petition came after Finance Secretary Tracy B. Norita declined to rule or address the merits of Torres’ request that Kingman’s contract with the OAG be declared invalid.

In addition, the agency ruling dismissed Torres’ request finding that the department lacks the authority to issue a declaratory ruling because Kingman’s contract had already been signed.

As relief, Torres is asking the Superior Court to vacate the DOF’s final agency decision on the grounds that the ruling was arbitrary, capricious, an abuse of discretion, and contrary to law. The defense also wants the court to rule that the special prosecutor’s contract fails to comply with procurement regulations and is therefore void.

Alternatively, Torres asks that the court set aside the DOF’s final agency ruling and remand the matter back to the agency for a decision on the merits of his request for declaratory relief by an independent and unbiased hearing officer.

Torres is challenging Kingman’s previous contract with the OAG as a special prosecutor in his ongoing criminal case. Torres argues that the contract did not comply with the CNMI’s rules of procurement.

The defense team for Torres is now also strongly opposing Kingman’s recent appointment as a staff attorney for the OAG as an assistant attorney general.