Reporter

Bryan Manabat studied criminal justice at Northern Marianas College. He covers the community, tourism, business, police and court beats.

EVEN if the issue at hand is the contract itself, the Office of the Attorney General is still not an interested party, Chief Solicitor Robert J. Glass Jr. said. He was referring to former Gov. Ralph DLG Torres’ lawsuit challenging and seeking a judicial review of the Department of Finance’s refusal to issue a declaratory order on the validity of an employment contract between the AG’s office and Special Prosecutor James Robert Kingman, an off-island attorney.

“If the contract is held invalid, the AG can redo the procurement and/or the Special Prosecutor simply does not get paid and can then bring a proper suit against the Commonwealth for detrimental reliance on work he has already done,” Glass said.

Torres, through his defense team, filed a petition in court requesting a judicial review of a May 17, 2023 final administrative order by the secretary of Finance, who stated that the department had no authority to issue a ruling and declare that the special prosecutor’s contract executed by the Office of the AG in connection with Commonwealth v Torres, Criminal Action No. 22-0050, was invalid.

In his judicial review petition filed on June 15, 2023, Torres named the Finance Department and the AG’s office as respondents.

The nine-page petition asked the court to vacate or set aside the department’s final agency decision, saying that “it is arbitrary, capricious, an abuse of discretion and/or contrary to law.”

According to the petition, the special prosecutor’s contract does not comply with the procurement regulations.

Named as respondent, the AG’s office filed a motion to dismiss the former governor’s petition for judicial review, saying it improperly included the OAG and failed to exhaust Torres’ administrative remedies.

In addition, the OAG stated that the case is not ripe for judicial decision, and Torres lacks standing as he is not aggrieved by the contract based on his assertion that he is being unlawfully prosecuted.

Torres said the motion to dismiss his petition for judicial review is improper and should be dismissed.

In his reply, Glass said: “Invalidating the contract does not in any way, shape, or form affect the Special Prosecutor’s right to prosecute and represent the Commonwealth in the prosecution of Ralph Torres.”

The attorney general holds the power to prosecute, not the DOF or the secretary of Finance, Glass added.

“As the Special Prosecutor was appointed by the Attorney General to represent the Commonwealth as the Special Prosecutor, and as the NMI Supreme Court has upheld his pro hac vice admission to practice in front of the NMI Courts for the criminal prosecution of Mr. Torres (CR 22-0050), the lack of a contract to pay him does not affect such prosecutorial authority. Nor is a valid contract to receive pay from the Commonwealth a requisite to wielding prosecutorial power as such could be done on a pro bono basis. Thus, the OAG does not have a vested interest in the outcome of this litigation as such only affects the Special Prosecutor’s ability to receive compensation under the contract,” Glass said.

The OAG is not the agency responsible for the appealed decision, he added.

“Petitioner misframes the issue before the court. The only issue before the court is whether or not the SOF’s decision to not issue a declaratory ruling was arbitrary, capricious, or contrary to law. If the decision was correct, the court affirms the SOF decision. If it was incorrect, the court vacates the decision and remands the SOF to make a declaratory decision. As such, the OAG is not the agency responsible for the decision of the SOF. The applicability of the regulations and the validity of the contract likewise [are] not part of this judicial review because the agency passed on those questions by issuing a decision declining to make a declaratory ruling. Thus, it would be beyond the record and scope for this Court to consider anything other than what the agency determined,” Glass said.

Finance has also requested the Superior Court to dismiss the petition of the former governor, and affirm that Finance lacked authority to issue a declaratory order with regard to an existing contract.

Kingman was initially hired by the OAG as a special prosecutor in its misconduct-in-office case against the former governor pertaining to first-class travel.

On June 20, 2023, Gov. Arnold I. Palacios informed the Legislature that he had certified and approved Kingman’s employment as an assistant attorney general with an annual salary of $85,000.

Torres is represented by attorneys Viola Alepuyo, Matthew Holley, Victorino Torres and Anthony Aguon.

Reporter

Bryan Manabat studied criminal justice at Northern Marianas College. He covers the community, tourism, business, police and court beats.

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