and receive the necessary evidence in defense.55 To that effect, the regulations were aimed at
ensuring that, in the cases in which the member in charge of the investigation found a breach by
a Clerk, this situation would be brought to the attention of the person evaluated who would be
given the opportunity to submit a written report and to provide evidence in defense. The foregoing
implies that the evaluated person should, at least, know of the alleged non-compliance and its
consequences and have adequate time and means to defend themself.
75. According to the evidence in the case file, the proceedings against Mrs. Moya Solís began
with a personal interview that took place on August 12, 1982. According to the record provided
by the State, there was no observation and the following was recorded: "RESULT: Good".56 Two
weeks after the interview, on August 26, 1982, a visit was made by the Committee of Members
to Mrs. Moya Solís' office. During the visit the files in process were reviewed and some cases of
alleged non-compliance were identified. The report, signed by the Ratifications Commission,
states:
2. In file No. 1155-82 […] there is a power of attorney that does not bear the signature of the judge, but is
authorized by the Clerk; in Exp. 1025-81 […] the date of notification does not appear, however, the Clerk
has authorized said proof of notification, in Exp. No. 3084-81 the subpoena was issued on September 25,
1981, where in points 3 and 4 of the answering brief it has been provided that a letter be sent to the
Institutions, without having complied with said letters to date, leaving said file paralyzed due to said
omission;
3. The Consignment Register was reviewed, finding that there are three annotations up to page eight, but
neither the date on which the consignment is made, nor the date on which it is delivered, has not been
noted in many of them. Furthermore, in some, no certificate number or quantity is noted, as in the case of
Exp. 3121-81 […]. The claim entry register was reviewed and found to be compliant. The register of
deliveries to the Judge for sentencing was also found to be compliant.
4. The office is up to date.57
76. In addition, the State provided a document entitled “Summary of the reports obtained for
the ratification of the secretaries,” without a date, which indicates:
Clerk:
DOCUMENTATION:
VISIT, REVIEW OF RECORDS
AND REGISTERS:
REPORT OF THE JUDGE:
PERSONAL EXTREVIEW:
REPORT OF THE VISITING MEMBER
FROM 1980 AND 1981:
REPORT OF THE JUDICIAL VISIT
CARRIED OUT BY THE OFFICE […]
OF INTERNAL CONTROL 1981:
REPORT FROM THE COLLEGE OF
LAWYERS:
COMPLAINTS […]:
MISCELLANEOUS:
CONCLUSION:
MOYA SOLIS DE ROCHA
LAW STUDENT
FAIR
PARTLY FAVORABLE
GOOD
SATISFACTORY
SATISFACTORY
NONE
NONE
PENALTY - HAS WARNING
PARTLY FAVORABLE58
77. The Court notes that, in the documents provided by the parties, there is no record that Mrs.
Moya Solís was informed about the general criteria under which the ratification process was
55
Cf. Supreme Decree No. 003-82-JUS of January 12, 1982 (evidence file, folio 11).
56
Cf. Record of personal interview of August 12, 1982 (evidence file, folio 727).
57
Cf. Record of the Ratification Commission of August 26, 1982 (evidence file, folios 729 to 730).
58
Cf. Summary of the reports obtained for the ratification of the Clerks (evidence file, folio 732).
20