89. In this case, the State argued that the Organic Law of the Judiciary established the duties and obligations of Judicial clerks. In effect, said norm contains a catalog of 35 obligations for this category of officers69. However, there was no norm indicating what type of non-compliance with 69 In relation to the obligations of judicial clerks, article 233 of the Organic Law of the Judiciary stated: "ARTICLE 233. - The following are the obligations of the Judicial Clerks: 1.-Act only in the court to which they are attached and have their office at the courthouse; 2.- Deliver the processes, in case of impediment or challenge, to the Clerk who must replace them within two days from the respective notification; 3.- Keep secret the opinions that they have heard the Judge issue about the matters heard by them; 4.- Write down or seal in the margin of the documents and resources the day they receive them, signing such proof when the seal does not automatically indicate the time; 5.- Present these appeals and briefs to the Judge within twenty-four hours of their receipt.; 6.- Authorize the procedural steps and resolutions issued by the Judge; 7.- Enact personally the procedures to which they are obliged by responsibility, except those indicated in art. 247 giving the commissions to the Notaries Proceedings; 8.- Notify according to law the decisions of the Court the day after their issuance, except in the case of extensive resolutions, in which case the notification of them will be made within two days; 9.- Carry out under charge the first notification, the summons for the confession and the decisive oath, its requirements, and the request of files for sentencing; as well as the notifications that must be made through the Prosecutor; 10.-Issue the reasons and reports ordered by their superiors; 11.- Give the parties, when so requested, proof of receipt of the briefs and documents; 12.- Do not enter into the files papers that lack the required stamp; 13.- Take care that with all appeals the corresponding number of simple copies and the collections, if any, are presented, and in case this does not happen, leave a record of the omission at the bottom of the appeal at the time of receiving it; 14.- Supply knowledge, to any person who requests it, of archived proceedings: and display those in process only when, in their opinion, they are in the legitimate interest of the applicant, consulting the Judge or Court in case of a complaint; 15.- Send the expired files, after ten years, to the court archive; 16.- Not admit cash or check on consignment, except with special authorization from the Judge, which will contain, at the same time, the order for the Secretary to formalize the funds in the Deposit and Consignment Fund or entity authorized for it, on the first business day; 17.- Put in each file a cover page detailing the name of the parties, the Judge hearing the matter, its nature and purpose, the date it begins and its corresponding number in the register of cases admitted.; 18.- Examine the proceedings when returned to them, and if they notice that missing sheets or some other defect, report this immediately, in writing, to the Judge; 19.- Note in the margin of the statements, the name of the declarants and the pages where the resulting citations are acquitted; 20.- Take care of the files and documents in their charge, preserving and guarding them, taking responsibility for their loss or for mutilations and alterations that are made in them; 21.- Not submit to one party of briefs presented by the other, before being approved; 22.- Take care that the foliation of the files is done in successive order of presentation of the briefs and documents; and that the resolutions are numbered in sequential order; 23.- Note on the reverse of the cover page the incidents derived from the main file, as they are formed, numbering them; 24.-Keep the following registers: a)- Of charges of the files delivered to the Superior Court, to the Public Prosecutor, to the administrative offices, to solicitors and lawyers, to other Judges, to the Post Office and to the Court archive; b)- Noting grounds on which the sentences and orders are copied, chronologically, before they are issued, with an indication of their numbering and the causes to which they refer; c)- Of inventories, in which they note down the files in which they participate; 25.- Keep the files that, by court order, they receive from other Clerks; 26.- Deliver under receipt the files in his charge, to the Secretary designated for this purpose; and to the solicitors or lawyers of the parties only when the law authorizes it, under responsibility; 27.- Issue certified copies only by court order; 28.- Keep the office open at least three hours a day in the mornings and during judicial dispatch, indicating the hours in a notice posted on the office door; 29.- Attend the court premises during corresponding court business hours, or in which they must carry out proceedings; 30.- Take part in the delivery of consignments; inserting the respective record in the process, which will be signed by the person who receives the consignment; 24

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