No judge again for Torres’ case

The pending criminal case against former governor Ralph DLG Torres is once again left without a judge to hear it after Superior Court judge pro tem Alberto Tolentino recused himself from the case.

Tolentino issued yesterday what’s referred to as a sua sponte order recusing himself from the case. He did not elaborate but noted that the recusal is due to ongoing health issues.

Sua sponte essentially means “on its own” as the court has the ability to act on its own without a filed motion or request.

“Pursuant to 1 CMC sect. 3309(a) and in accordance with the Code of Judicial Conduct Canon 3D(a), the undersigned on his own initiative does hereby enter this written order of recusal due to an ongoing health issue which may interfere with his ability to participate in the impending trial,” Tolentino’s order stated.

The former governor’s jury trial is set to start on June 5, 2023.

Tolentino’s recusal leaves the Torres case without a judge once again as Tolentino was only appointed by the Supreme Court because all the CNMI’s judges recused themselves from hearing the case almost immediately after it was filed.

Alberto Tolentino

The parties in this case have acknowledged receiving the sua sponte motion, Saipan Tribune learned.

In a statement from Torres and his team, they said they are praying for Tolentino’s speedy recovery.

“Former governor Ralph DLG Torres’ legal team received the sua sponte order this morning. The team prays for Judge Tolentino’s speedy recovery. The team also looks forward to the newly assigned judge in this matter because there are pending motions before the court and very important issues that must be resolved prior to the start of the jury trial,” said Torres’ defense team.

Robert Glass Jr., Chief Solicitor for the Office of the Attorney General and the head prosecutor in the criminal case against Torres, said that he appreciates Tolentino’s service to the CNMI.

“The Office of the Attorney General appreciates Judge Tolentino’s service to the CNMI in this important case and sends its thoughts and prayers for him to get well soon,” he stated.

The OAG has charged Torres with 12 counts of misconduct in public office and one count of theft relating to the issuance of airline tickets for business class, first class, or other premium class travel for himself and/or his wife, then-first lady Diann T. Torres.

A little over a week ago, the defense team representing Torres filed two motions for reconsideration” a reconsideration of the court’s previous decision to deny dismissal of the case, and reconsideration of the court’s decision denying the team’s request to disqualify the OAG from prosecuting this case.