Former CNMI Gov. Ralph Torres’s arraignment for refiled contempt charges is delayed again.

Torres appeared in Superior Court on Saipan today before Judge Pro Tem Arthur Barcinas, where he faces contempt for failing to comply with a House subpoena issued when he was governor during an impeachment investigation. Barcinas did not move forward with arraignment after Torres’ attorney raised an objection and requested a probable cause hearing, which they argued is part of the ex-governor’s right to due process.

Judge Barcinas said proceeding with an arraignment might result in a constitutional violation. Special prosecutor James Kingman agreed to the hearing but expressed frustration over the pattern of delays.

Kingman told reporters, "Once again the judge decided not to have the arraignment. They made an oral motion that despite there not being a requirement for a probable cause hearing, they were constitutionally entitled to one. This is the first time that they’ve raised this issue in this matter but it is actually a well-litigated issue…I disagree that there is an entitlement to one. Nevertheless, the judge ordered a briefing on the issue. It’ll be interesting to see what the argument is…I wish I could say that I was surprised."

He added, "I have stopped being surprised by the delays. It is very clear what the strategy is here."

Torres first appeared for arraignment in this case last December, however, the penal summons did not include information about the charges so it had to be re-issued.

The governor’s attorney has until February 5th to file their brief and the government must respond by February 19th.

Judge Barcinas says a hearing can be expected around February 25th, which is also when they will attempt to hold the arraignment.