- 30 concluded, in a report sent to the Supreme Court of Justice with a copy to the Personnel
Management Directorate, that:
The presence and participation of Judge ADAN GUILLERMO LOPEZ LONE of the San Pedro Sula
Sentencing Court in those disturbances involved conduct that was not in keeping with the ethical
principles and legal provisions that regulate the actions of judicial officials and employees.
Consequently, he has incurred administrative responsibility for committing acts that are inimical to
the dignity and decorum of his functions, as well as judicial misconduct vis-à-vis the population.144
90. It therefore recommended that the Supreme Court of Justice “pursue any appropriate
disciplinary measures.”145 The Supreme Court forwarded the file to the Personnel Management
Directorate “so that it could follow the procedure indicated in the Regulations governing the Judicial
Service Act.”146
91. On October 30, 2009, the Deputy Director of Personnel Management summoned Mr. López
Lone to appear before the Personnel Management Directorate on November 5 that year to be heard
in the complaint proceeding against him.147 Mr. López Lone did not attend this summons, alleging
that he was “not [being] given either the time or the means required to defend [himself].”148
Following several requests for an extension, the rebuttal hearing was held on December 3,149 during
which Mr. López Lone answered the charges and proposed evidence that was later admitted.150
92. In parallel, on December 9, 2009, Mr. López Lone filed an action of unconstitutionality before
the Personnel Management Directorate against the prohibition for judicial authorities “to intervene
in meetings, demonstrations or other acts of a political nature,” established in article 3 of the Law
on the Organization and Faculties of the Courts.151 On December 10, the Directorate declared itself
incompetent to hear the appeal, because it related to an administrative procedure and not to a
judicial proceeding.152 On April 6, 2010, Mr. López Lone filed a remedy of appeal against this
144
The report cites the following norms among other legal considerations applicable to the case: article 319 of the
Constitution; article 3(6) of the Law on the Organization and Faculties of the Courts; Articles 44, 53(f) and (g), 54(j) and 55 of
the Judicial Service Act; Articles 149, 172(f), 173(i) and 174 of the Regulations of the Judicial Service Act; Articles 1 and 2(g)
of the Code of Ethics for Judicial Officials and Employees, and Articles 3, 8, 43 and 55 of the Ibero-American Code of Ethics.
Cf. Special report of July 30, 2009, signed by the Inspector General of Courts and Tribunals and addressed to the President of
the Supreme Court of Justice (evidence file, folios 265 to 267), and decision of the Inspectorate General of Courts and
Tribunals of July 31, 2009 (evidence file, folio 269).
145
Special report of July 30, 2009, signed by the Inspector General of Courts and Tribunals addressed to the President of
the Supreme Court of Justice (evidence file, folio 268).
146
Decision of the President of the Supreme Court of Justice of August 4, 2009 (evidence file, folio 270).
147
Cf. Writ of summons issued by the Deputy Director of Personnel Management dated October 30, 2009 (evidence file,
folio 280).
148
Brief of November 2, 2009, signed by Adán Guillermo López Lone addressed to the Director of Personnel Management
(evidence file, folio 283).
149
Cf. Brief received on November 4, 2009, signed by Adán Guillermo López Lone addressed to the Director of Personnel
Management (evidence file, folio 286); decision of the Deputy Director of Personnel Management of November 5, 2009
(evidence file, folio 287); Brief received on November 23, 2009, signed by Adán Guillermo López Lone addressed to the
Director of Personnel Management (evidence file, folio 289); decision of the Personnel Management Directorate of November
24, 2009 (evidence file, folio 290), and record of the rebuttal hearing of the Personnel Management Directorate of December
3, 2009 (evidence file, folios 293 to 308).
150
Cf. Decision of the Personnel Management Directorate of December 7, 2009 (evidence file, folios 309 and 310).
151
Cf. Brief received on December 9, 2009 signed by Adán Guillermo López Lone addressed to the Director of Personnel
Management (evidence file, folios 368 to 373).
152
Cf. Decision of the Director of Personnel Management of December 10, 2009 (evidence file, folio 374).