In the Commonwealth of the Northern Mariana Islands (a United States territory), the process of impeachment allows its Commonwealth Legislature to remove certain officeholders. The territory's House of Representatives can initiate an impeachment, bringing about an impeachment trial in the territory's Senate through which an officeholder can be removed from their office.
Two governors have been impeached: Benigno Fitial in 2013 and Ralph Torres in 2022. Fittal resigned after being impeached, while Torres was acquitted in his impeachment trial. Both impeached governors were members of the Republican Party.
Impeachment law The sole power to hold a vote to impeach is vested in the House of Representatives. A two-thirds vote is needed to impeach. Impeachment trials are conducted before the Senate. A two-thirds vote is needed to convict. There is no directive given by constitution or law as to who the presiding officer for an impeachment trial should be.
The consequence for conviction in an impeachment trial is removal from office.
Officials that are subject to impeachment are the governor, lieutenant governor, attorney general, justices and judges. The specified reasons for which a governor or lieutenant governor may be impeached are "treason, commission of a felony, corruption or neglect of duty." The specified reasons for which an attorney general may be impeached are, "treason, commission of a felony or crime of moral turpitude, corruption, or neglect of duty." The specified reason for which justices and judges may be impeached are, "treason, conviction of a felony, corruption, neglect of duty or conviction of any crime involving moral turpitude."
Impeachment of Governor Benigno Fitial in 2013 In 2013, Governor Benigno Fitial was impeached
A minority bloc in the Commonwealth of the Northern Mariana Islands' House of Representatives filed an impeachment resolution August 28, 2012 against Governor Fitial, who was at that time in the United States for the Republican National Convention. The resolution was filed by Joseph Deleon Guerrero, a former Republican who left the party and became an independent. It accused the governor of "multiple felonies, multiple acts of public corruption" and of neglecting official duties. Marianas' Governor Benigno Fitial facing impeachment bid All charges were eventually dismissed.
On February 11 & 12, 2013 the CNMI House of Representatives voted to impeach Fitial on 18 different charges contained in Articles of Impeachment. The charges include neglect of duties, commission of felonies and abuse of power. Rather than facing an impeachment trial before the CNMI Senate which was set for March 7, 2013, Benigno Repeki Fitial became the first governor in CNMI history to resign from office on February 20, 2013. In his resignation letter he cited "personal health" reasons and the "best interests of the Commonwealth".
Fitial became the first governor in any US insular area and the 13th in the history of the nation to be impeached (February 11, 2013). The CNMI House of Representatives pre-filed 18 Articles of Impeachment against Fitial on the day of their Inauguration (January 14, 2013). They voted to adopt 13 of the Articles of Impeachment on February 11, 2013, and adopted the remaining 5 Articles of Impeachment on February 12, 2013. All 18 charges were transmitted to the Senate where Fitial would have stood trial had he not resigned. He was impeached by the CNMI House of Representatives on February 11, 2013, and was scheduled to face trial before the CNMI Senate to determine if he should be removed from office.
House Votes: ChargeYesNoAbstainArticle 1Commission of Felony1640Article 2Commission of Felony1640Article 3Commission of Felony1640Article 4Commission of Felony1640Article 5Corruption1640Article 6Corruption1640ChargeYesNoAbstainArticle 7Corruption1640Article 8Corruption1640Article 9Corruption1640Article 10Neglect1631Article 11Neglect1640Article 12Neglect1640ChargeYesNoAbstainArticle 13Neglect1640Article 14Neglect1640Article 15Neglect1541Article 16Neglect1631Article 17Neglect1640Article 18Neglect1640
"No" votes: Minority leader George Camacho (R-Saipan), Reps. Felicidad Ogumoro (R-Saipan), Teresita Santos (R-Rota), and Richard Seman (R-Saipan) === except for Article 10 - Rep. George Camacho abstained due to conflict.
"Yes" votes: House Speaker Joseph Deleon Guerrero (IR-Saipan), Vice Speaker Frank Dela Cruz (IR-Saipan), floor leader Ralph Demapan (Cov-Saipan), Reps. Antonio Agulto (IR-Saipan), Anthony Benavente (IR-Saipan), Roman Benavente (IR-Saipan), Trenton Conner (Ind-Tinian), Lorenzo Deleon Guerrero (IR-Saipan), Cris Leon Guerrero (Cov-Saipan), Janet Maratita (IR-Saipan), John P. Sablan (Cov-Saipan), Tony Sablan (IR-Saipan), Mario Taitano (IR-Saipan), Ray Tebuteb (IR-Saipan), Edmund Villagomez (Cov-Saipan), and Ralph N. Yumul (IR-Saipan) === except for Article 15 - Rep. Roman Benavente abstained unknown reasons.
Impeachment of Governor Ralph Torres in 2022 JGO Committee investigation and other investigations In office since 2015, Torres had generated controversy and criticism for sizable travel costs, his involvement with the Hong Kong-headquartered Imperial Pacific Casino, and his being the subject of an 2019 FBI raid as part of a criminal investigation that also involved the casino operator.
In 2019, after the FBI executed a warrant for search and seizure on Torres' residence, the House's Judicial and Government Operations Committee (JGO Committee) began investigating Torres. The House had a Republican Party majority and a Democratic Party minority at the time.
In January 2020, the Democrat minority published a minority report on the governor's use of public funds. The report took note of $490,000 in travel spending being spent to fund more than 102 trips taken by Torres and his companions, including premium-class air travel. The minority report cited CNMI law to argue that it was illegal to spend public money on premium-class airfare. The minority report also argued that it had been illegal to spend $82,000 on the travel costs of Torres' wife Diann Torres, since "first lady" is not an official government role and the regulations of the CNMI Department of Finance prohibited public money to be used to pay for the travel expenses of nongovernment employees.
The allegations of exorbitant and improper spending of government funds came at a time in which the Northern Mariana Islands was experiencing economic troubles and the government was imposing austerity measures. The territory was still recovering from the impact of Typhoon Yutu, which hit the territory in 2018. Gross domestic product (GDP) of the territory declined 11.3 in 2019. These optics increased as the investigation carried on, with February 2020 seeing Torres propose further austerity measures after the early impact of COVID-19 pandemic on tourism to the territory. Federal restrictions were imposed in February 2020 on travel from China, which was impacted by the pandemic earlier than other nations. This threatened the loss of tens of thousands of Chinese tourists that had previously traveled to the territory every year. Further austerity legislation was signed into law in October 2020. The COVID-19 pandemic had a severe negative impact on the economy of the Northern Mariana Islands, with its GDP decreasing 29.7% in 2020.
In April 2021, the Democrats, now in the House majority, reopened the JGO investigation, continuing the work that occurred in the previous Republican-majority House. The investigation intensified in, with subpoenas being issued for close associates of Torres and testimony even being sought from his wife, chief of staff, and members of his personal security detail. While maintaining his innocence, Torres refused to comply with JGO Committee's requests for his testimony, and disobeyed a subpoena from the committee. Accusing the JGO Committee's investigation of being a political stunt by the House Democrats, Torres sued the committee in an effort to block their subpoena of him.
In September 2021, Lieutenant Governor Arnold Palacios testified before the JGO Committee after having been subpoenaed to do so. The following month, he politically split from Torres and announced his intent to run as an independent against Torres in the 2022 Northern Mariana Islands gubernatorial election, Palacios cited a "crisis of confidence in our government, a crisis of trust in the people who run our government" in announcing his challenge to Torres.
In November 2021, Torres' executive secretary, Frances Dela Cruz, was held in criminal contempt for refusing to answer questions by the JGO Committee.
Impeachment On December 16, 2021, House leadership pre-filed an impeachment resolution. The impeachment resolution cited commission of felonies, corruption, and neglect of duty as the constitutionally impeachable offenses it alleged were committed by Torres. The articles of impeachment related to improper use of government resources, corruption, unlawful first class and business class travel, negligence during a time of crisis, neglect of duty, and contempt of the legislature. The six articles of impeachment alleged: Article 1: "Commission of felony, theft of utility services" Using his position to receive more than $177,000 in taxpayer-funded utility benefits at his privately owned residences (including for a commercial piggery operation on one of his properties). Article II: "Commission of felony, theft" Using public funds to travel to campaign events held in Oregon and Guam Reimbursing himself for $919 in fuel, which he made the allegedly-uncorroborated claim had been used to fuel a public safety boat Receiving reimbursement for $690 for lodging expenses, despite having received a per diem for the trip in question Article III: "Unlawful first-Class and business-class travel" Using public funds for at least 54 first-class and business-class airline tickets used by himself and his wife in violation of CNMI Law Article IV: "Corruption, misuse of government resources" Receiving fraudulent reimbursement for personal expenses, including money used for a private birthday celebration brunch, rifle cases, supplies for hunting and camping, coolers, and electronics Using his office to request and/or grant approval to 85 boating trips Using public safety resources for recreational purposes, including for fishing trips. Article V: "Neglect of duty, negligence during crisis" Taking more than 120 "off island" trips during times of natural disaster and austerity (such as a 2020 three-week fishing trip to the Northern Islands) Article VI: "Neglect of duty, contempt of the legislature" Failing to comply with subpoenas issued by the JGO Committee's investigation
On January 5, 2022, the JGO Committee unanimously voted in favor of recommending the adoption of the impeachment resolution.
On January 11, 2022 the House voted 15–4, with a single abstention, to adopt the articles of impeachment and thereby impeach Torres. Each article of impeachment was voted on separately prior to being adopted together in their entirety. All four votes against impeachment came from Republicans, with House opponents of the impeachment characterizing the impeachment as politically partisan and alleging that there was a lack of information and relevant legislation to justify impeachment.
Impeachment of Ralph Torres, governor of the Northern Mariana Islands (House Resolution 22-14)January 12, 2022Two sources: Party Total votes Democratic Independent Democrat Republican Independent Republican Yea 9 2 1 3 15 Nay 0 0 4 0 4
+ Vote by member District Member Party Vote 1 Nay 3 Yea 1 Yea 4 Yea 4 Yea 3 Yea 1 Nay 1 Abstension 1 Nay 5 Yea 3 Yea 7 Yea 1 Yea 2 Yea 2 Yea 6 Nay 5 Yea 3 Yea 3 Yea 3 Yea
Impeachment trial On January 15, 2022, the impeachment resolution was transmitted from the House to the Senate.