Former NMI Governor Ralph Torres appeared in Superior Court in Saipan Monday morning.

In this case, Torres faces one count of contempt and one count of misconduct in public office for failing to appear in compliance with a legislative subpoena while he was Governor in 2021.

Torres’ attorney is challenging the penal summons issued, saying it is defective and violates Torres’ constitutional rights.

The former Governor’s attorney said the penal summons was issued without a probable cause determination, which he contends is a due process violation. The attorney argued that the penal summons should be approved by a judge and not by a clerk as it was in this case.

They argued that having to appear before the court without that determination is an infringement on the former governor’s liberties.

When KUAM asked for a commnet, Jack Torres, the attorney for former NMI Governor Torres said, “Not at this point…Thank you.”

Assistant Attorney General and Special Prosecutor James Kingman said he is ready for a probable cause hearing if the court wants one.

When asked for comment on the defense’s proposed remedy for a judge to sign a penal summons for probable cause determination, Kingman said, “That is not the requirement in the law nor has it ever been the practice, just as it was not a requirement for a pro hac vice to take the same oath as other attorneys. Pointing to an absence of a requirement is not a compelling argument for its existence. If they can continue to argue things like this with impunity, there is no limit to the arguments they can make to delay the trial.”

The judge is expected to decide the matter in the coming days.