In the ongoing legal battle surrounding former governor Ralph DLG Torres, the Office of Attorney General yesterday filed a notice of conflict of interest in the criminal case against Shayne Blanco Villanueva, a former contractor and political associate of Torres.
Filed by special prosecutor James Kingman in the NMI Superior Court, the notice highlights potential ethical concerns regarding Villanueva’s representation by Torres Bros, LLC—a firm led by the former governor’s brothers.
Central to the notice is Joaquin Torres, who represents Villanueva while also serving as lead counsel for his brother, former governor Torres, in several criminal cases involving allegations of misuse of public funds.
“Counsel Joaquin Torres…entered his appearance in this matter on Oct. 21, 2024.” Joaquin Torres is currently defending his brother in two significant cases concerning alleged misuse of public resources, including charges of misconduct in public office and contempt of legislature.
Villanueva’s role in the Building Optimism, Opportunities, and Stability Program program—a publicly funded initiative now under scrutiny—further complicates the situation. As both a manager in the program and an officer in Torres’ political party, Villanueva faces charges of contempt of legislature for allegedly obstructing investigations into the program’s financial management. According to the filing, “defendant Shayne Villanueva was a contractor with and a manager of the BOOST program. Simultaneously, he was an officer in former governor Torres’ political party and a member of his campaign.”
The Commonwealth argues that Joaquin Torres’ dual representation presents a conflict of interest, particularly in light of the Sixth Amendment, which guarantees the right to conflict-free counsel. The filing references United States v. Mett, stating that “effective assistance of counsel ‘includes a right to conflict-free counsel.’” The notice further cites the American Bar Association’s Model Rules of Professional Conduct on the duty of loyalty, emphasizing that “absent consent, a lawyer may not act as an advocate in one matter against a person the lawyer represents in some other matter.”
While the Commonwealth has raised these concerns, the filing acknowledges that the court has options. It notes that if the conflict is deemed “consentable,” Villanueva could choose to waive his right to conflict-free counsel, provided he does so with full knowledge of the potential implications. “If the Torres Bros’ conflict is determined to be consentable, such admonishments and signatures can be made before trial.”
The Commonwealth’s legal team emphasizes that, while conflicts of interest can arise frequently within the CNMI’s close-knit legal community, they argue that this situation requires careful scrutiny. “Former governor Torres’ name and signature are on the notices of awards, the agreements, and the solicitations,” the notice asserts, suggesting a close connection between Torres’s involvement in the BOOST program and Villanueva’s case.
With the Torres Bros firm previously advocating for a broad interpretation of conflicts in other cases, in this case, the Commonwealth contends that such broad interpretations could shield Torres from prosecution, but similar concerns may now arise regarding the firm’s representation of Villanueva. The notice argues that “the firm has advanced such an expansive and strict interpretation of conflicts of interest that would shield their brother/client from prosecution, but clearly do not want such a rule to apply to themselves.”
Should the court determine the conflict is “consentable,” the Commonwealth requests that any waiver from Villanueva be fully documented to avoid future claims of ineffective counsel. “If the court considers the conflict to be consentable, the Commonwealth requests a full admonishment and waiver to be put in writing, to preclude the claim of ineffective assistance of counsel in case of appeal.”
As the legal debate continues, the court’s decision may establish an important precedent in the complex web of ongoing cases related to the former governor’s administration.