They may also request written reports on those aspects from the bar association (Colegio de Abogados) of the
Judicial District or, as the case may be, from the Association of Attorneys of the province and such institutions
and persons as he or she deems advisable….7
Article 4. With the document and the reports referred to in the foregoing articles, the Judge Commissioned
shall constitute one file for each Clerk of Court. Once the visit to the province has concluded, the Judge
Commissioned shall issue his written report to the President of the Commission of which he is a part. Once the
Commission is in session … it shall be forwarded to the President of the Superior Court, within 30 days
following the designation of the Commission.
Article 5. Once the first provincial report is received from the Commission the President of the Superior Court
shall summons the Court en banc to sit in permanent session and, as the other provincial reports are received,
rule on the ratification or non-ratification of the Clerks of the Judicial District.
C.
Process of ratification
22.
According to what was reported by the petitioner, the process of ratification that culminated in her
removal began in 1982. According to available information, on September 13, 1982, a document of nonratification was issued by the Labor and Labor Communities jurisdiction with respect to Ms. Norka Moya Solís
in her employment as clerk of court. The document indicated as follows:
CERTIFIES:
That in the Book of Decisions of the Court en banc No. 2 of the Labor and Labor Communities
jurisdiction, one finds, from folio … to folio 18, the Minutes of the Court en banc of September 10, 1982,
which reads … as follows:
The Judges of the Labor and Labor Communities Tribunal Luis Felipe Barrientos, Sara Collazos de
Manchego, Juan Parra Solís, Gonzalo Iturry Iturry, Victoria … de Fuertes, Felipe …, Eduardo Gutiérrez
Ballón, Jaime Beltrán Quirosa, and Edmundo Villecorte Ramirez met … en banc, under the Presidency of
Mr. Pedro Pablo Gutiérrez Ferreyra; serving as clerk on this occasion was the last of the Judges
mentioned, based on seniority. The President began the meeting stating that … the Court en banc was
to implement Law No. 23369, on the ratification of the … and clerks of the Labor and Labor Communities
Tribunal of all the … public, (RELEVANT PART) Ms. NORKA MOYA DE ROCHA has a favorable report in
part; the Court was informed that said clerk has economic debts amounting to approximately …, and
evidence of this situation appears to be the … raised before the Commission on Ratifications by a worker
of the Jurisdiction. In addition, it was reported that Ms. Moya had her own business, which absorbed
her time. Next there was a vote, with five white ballots against five black ballots. (NOT RATIFIED).8
23.
The petitioner argued that she was not notified of said decision. The State did not controvert that
assertion.
1.
Motion for review
24.
On September 21, 1982, the petitioner filed a motion for review before the Supreme Court of Justice,
arguing that the provision of her services had been “excellent,” that in the ratification process she did not have
an opportunity to present evidence, and that despite having requested a copy of the minutes of the meeting
where her performance as clerk of court was evaluated, it was never given to her.9
Annex 4. Copy of Supreme Decree No. 003-82-JUS. Annex 7 to petitioner’s brief of March 21, 2000.
Annex 5. Copy of the Minutes of the Commission of Judges in which the decision not to ratify was made. Annex 8 to petitioner’s brief of
March 21, 2000.
9 Annex 6. Copy of the motion for review of September 17, 1982, filed by Ms. Moya Solís. Annex 9 to petitioner’s brief of March 21, 2000.
7
8