JUDGE Pro Tempore Arthur Barcinas will hold three hearings on Dec. 18 regarding former Gov. Ralph DLG Torres’ civil case against the Department of Finance, the Office of the Attorney General’s misconduct in public office case against Torres pertaining to first class travel, and the refiled contempt charge against Torres.
Judge Barcinas will also hold a scheduling conference for the civil case at 10 a.m.
At 2 p.m., he will likewise hear arguments from the AG’s office, and Torres’ defense team regarding the defendant’s motion for reconsideration of the order granting in part and denying in part the defendant’s motion for the Office of the Attorney General to withdraw or be disqualified as prosecutor.
In the civil case, the former governor is challenging the Finance Department’s refusal to issue a declaratory order on the validity of an employment contract between the Office of the Attorney General and Special Prosecutor James Robert Kingman.
Torres 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 OAG in connection with Commonwealth v Torres, Criminal Action No. 22-0050 was invalid.
In his judicial review petition filed on June 15, 2023, Torres asked the court to vacate or set aside the final agency decision, saying that “it is arbitrary, capricious, an abuse of discretion and/or contrary to law.”
The special prosecutor’s contract does not comply with the procurement regulations, the petition added.
Kingman was initially hired by the AG’s office as a special prosecutor in its misconduct-in-office case against the former governor.
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.
Five days later, the OAG announced that Kingman would head a task force to investigate and prosecute government corruption, white collar and financial crimes.
Finance and the OAG have filed motions to dismiss Torres’ petition for judicial review.
On April 8, 2022, the AG’s office filed a criminal case against Torres, alleging 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 Diann T. Torres, his wife.
The case also alleged one count of contempt for failure to appear in compliance with a legislative subpoena.
Torres has denied the charges.
On August 23, 2022, Judge Pro Tempore Alberto Tolentino issued an order granting in part and denying in part defendant’s motion for Office of the Attorney General to withdraw or be disqualified as prosecutor.
Judge Tolentino also dismissed without prejudice the contempt charge against Torres. The judge found “impermissible exposure to privileged and confidential information that prevents [Chief Solicitor J. Robert] Glass [Jr.] from prosecuting [the defendant] for Count XIV (Contempt).”
Without prejudice means it can be refiled.
On April 6, 2023, Torres, represented by attorneys Viola Alepuyo, Matthew Holley, Victorino Torres and Anthony Aguon, filed their motion for reconsideration of the order granting in part and denying in part defendant’s motion for Office of the Attorney General to withdraw or be disqualified as prosecutor.
On Oct. 26, 2023, Kingman refiled the charges of contempt and misconduct in public office against Torres. This is a separate case for which Torres was summoned to appear before a judge on Dec. 18, 2023, at 9 a.m.
