OAG challenges authority of prosecutor who settled Torres cases anew

The Office of the Attorney General is again questioning the authority of one of its former prosecutors to negotiate a settlement that dismissed two criminal cases against former governor Ralph DLG Torres, this time taking its arguments to the CNMI Supreme Court after losing in Superior Court.

In a notice of appeal filed Nov. 5, assistant attorney general Olga Kelley argued that former special prosecutor David Karch exceeded his authority when he negotiated the March 23, 2026, settlement agreement, which dismissed the criminal cases and included a commitment not to pursue further legal action against Torres arising from his government service.

The appeal challenges Superior Court Judge Pro Tempore Arthur R. Barcinas' Oct. 16 decision rejecting the Commonwealth's motion to invalidate the agreement.

Kelley maintained that Karch's actions were ultra vires, or beyond his legal authority, particularly his decision to shield Torres from criminal, civil, and administrative proceedings involving alleged misuse of public funds and other wrongdoing during his government service.

The OAG also alleged that the settlement was secretly negotiated and that the agreement violated the prosecutor's duties and constitutional role.

The Commonwealth described the appeal as being of "great significance," arguing that the settlement contradicted public policy and public interest.

However, Barcinas previously rejected the OAG's arguments, finding that Karch was the Commonwealth's attorney of record when the settlement was executed and that neither Torres nor the court had been notified of any restrictions on his authority.

"The Commonwealth has failed to establish that the Settlement Agreement is invalid, that the dismissals entered pursuant to Rule 48(a) should be disturbed, or that public policy requires a different result," Barcinas wrote in his Oct. 16 ruling, as previously reported by Marianas Press.

The judge also ruled that any internal restrictions on Karch's authority did not provide sufficient grounds to invalidate the settlement, particularly after the court had approved the dismissals.

Barcinas noted that Torres had fulfilled his obligations under the agreement and that the Commonwealth had accepted the benefits of his performance.

Under the settlement, Torres agreed to pay $23,745, representing the difference between premium-class and economy-class airfare expenses.

In exchange, the Commonwealth agreed to dismiss both criminal cases with prejudice and not pursue criminal or civil charges arising from his government service through Jan. 9, 2023.

The OAG subsequently sought to invalidate the settlement, arguing that Karch lacked authority to bind the government to its terms.

Torres, in a statement issued Monday, Nov. 9, expressed disappointment that the OAG continues to challenge a settlement negotiated by its own prosecutor, approved by the court, and whose terms he said he has fully honored.

He maintained that the government cannot simply walk away from an agreement because it dislikes the outcome and expressed confidence in the Superior Court's decision.

The OAG's appeal seeks review by the CNMI Supreme Court. The filing itself does not invalidate the settlement or reinstate the dismissed criminal charges.