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Saipan, CNMI – In joint opinions issued on August 22, 2025, the Supreme Court reversed in part a pair of trial court decisions disqualifying the Office of the Attorney General (“OAG”) from the criminal cases brought against former-Governor Ralph DLG. Torres, but affirmed the disqualification of Assistant Attorney General James R. Kingman and Chief Solicitor J. Robert Glass, Jr. The cases, involving alleged misconduct in public office, theft of government funds by first-class airline tickets, and contempt of the legislature for failure to appear for a subpoena, have been remanded to continue towards trial with new prosecutors.
Upon motions from Torres, the trial court disqualified the entire OAG because some attorneys in the office with previous involvement in the prosecutions had a conflict of interest with this case and were not properly screened off of it. The Commonwealth claimed that this blanket disqualification violated due process and was a misapplication of the Rules of Professional Conduct.
In the companion opinions, the Supreme Court held that the Rules of Professional Conduct cannot be used to vicariously disqualify the entire OAG when the conflict of interest has been properly screened off the case. The Court, however, upheld the disqualifications of Kingman and Glass whose continued involvement in these cases would appear improper and could erode public confidence. The Court emphasized that the OAG occupies a special position as the legal officer mandated by the Constitution and held that the separation of powers between the judicial and executive branches required the Court to hear this appeal before trial.
The full opinions can be read on the Law Revision Commission website:
https://cnmilaw.org/pdf/supreme/2025-MP-05.pdf
https://cnmilaw.org/pdf/supreme/2025-MP-06.pdf
2025-PR-011
FOR IMMEDIATE RELEASE
August 22, 2025
This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov
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