OAG: Deposition request firmly rooted in law

Reporter

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

THE Office of the Attorney General, through Chief Solicitor J. Robert Glass Jr., told the Superior Court that the request to depose former Gov. Ralph DLG Torres is firmly rooted in Commonwealth law.

Torres, represented by attorneys Viola Alepuyo, Matthew Holley, Victorino Torres and Anthony Aguon, has opposed the OAG’s motion for deposition and has asked the Superior Court to deny it.

The motion for deposition is in connection with the former governor’s lawsuit against the Department of Finance, relating to the contract of Special Prosecutor James Robert Kingman.

The OAG’s motion for deposition seeks information on how much it cost taxpayers to pay for the four defense attorneys of the former governor so he could avoid complying with a legislative subpoena.

In response to former Gov. Torres’ opposition, Glass said, “Commonwealth law supports the motion for a deposition.”

He added, “The only issue for review before the Court is whether or not the Secretary of Finance’s decision to not issue a declaratory ruling was arbitrary, capricious, or contrary to law. If the decision to not issue a declaratory ruling was correct, the court affirms the SOF decision. If it was incorrect, the court vacates the decision and remands to the SOF to make the declaratory determination.”

According to Glass, “Petitioner, however, asks this court to go beyond the SOF’s determination and to conclude something the SOF did not even address — whether the regulations apply and whether the contract is valid.”

“Petitioner also points out irregularities in the process that he wishes the court to address…. It is the allegation of the irregularities in the processing of the contracts by Petitioner when he was Governor that the OAG wishes to address in the ‘unclean hands’ doctrine,” Glass said.

“One of the irregularities the Petitioner raises is that no hearing was conducted as to the validity of the contract. However, Petitioner wishes this court to rule on the validity anyway even without the SOF having ruled on such issue. Because had there been a hearing, the OAG would have raised these issues. The irregularity in the procedure as alleged by Petitioner allows for the OAG to raise the issue now — especially if this Court is to decide the validity of the contract. Thus, it is because of Petitioner’s own arguments and requests that the deposition becomes important. If this case were strictly confined to the issue of the DOF declining to issue declaratory ruling, then the motion for deposition would be moot,” Glass added.

Moreover, he said, “Ralph Torres is not a former client [of the OAG] and no requested information is privileged.”

He said the former governor “merely asserts a privilege, but does not explain how the procurement of attorneys and the process used while expending Commonwealth funds would violate any attorney-client privilege. Petitioner cites to no case, rule, or statute for the proposition that the procurement of goods and services falls under attorney-client privilege. Such expenditures are public records and thus no privilege exists.”

Glass said, “Ralph Torres, as an individual citizen, brings his petition for judicial review. Ralph Torres as an individual citizen has never been a client of the OAG, and thus he cannot be a former client. Additionally, as the former Governor, he can no longer assert attorney-client privilege in regards to the OAG.”

To the extent that the former governor “believes any question propounded at the deposition would violate any attorney-client privilege, he is welcome to raise such at the deposition,” Glass said.

Former Gov. Torres is challenging the Department of Finance’s refusal to issue a declaratory order on the validity of an employment contract between the OAG and Kingman, an off-island attorney.

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

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.

Reporter

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

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