45.
Article 21 of Law 8085 contained the grounds for disciplinary measures that can lead to
dismissal. The parts of that article that are pertinent to this case provided:
They may also be accused on the following grounds:
a)
Not satisfying the conditions that the Constitution and laws specify for holding the
post.
e)
Reiterated incompetence or negligence demonstrated in the performance of official
duties.
f)
Reiterated failure to perform the official duties inherent to the post.
g)
Engaging in acts or activities unbecoming the dignity and austerity that judicial post
demands.
j)
Reiterated acts of manifest bias.
k)
Reiterated allowance of procedural deadlines to lapse without pronouncing on the
matters submitted for a decision or an opinion, which cannot be excused on the grounds of
excessive workload or absence of a claim by the interested party.12
l)
Reiterated gross irregularities in the proceeding.13
46.
Article 42 of the Law provided that in returning a verdict the members of the Jury had to ask
themselves the following questions with regard to the accusation:
a. Is the deed proven as charged?
b. Does the deed amount to the criminal offense established in Article 20, paragraph... of the
Impeachment Law?
c. Does the deed amount to the minor offense established in Article 21, paragraph... of the
Impeachment Law?
d. Is the accused responsible for the criminal offense that has been declared proven?
e. Is the accused responsible for the minor offense that has been declared proven?
These questions shall be put for however many serious or minor offenses that each accused
is charged with. The President will also ask the Jury the following questions:
f. Should the accused be dismissed?
g. Should the accused be made to bear the costs?
h. Should the plaintiff be made to bear the costs? 14
47.
According to Article 10 of Law 8085 “the Jury shall require a minimum of six members for its
constitution and operation, at least three of whom shall be legislators, assuming there are any. Decisions shall
be taken by a simple majority of those present, except in the case of guilty verdicts, in which case the
concurring vote of seven members of the Jury shall be necessary, of whom at least three shall be legislators,
assuming there are any.”15
48.
As to the weighing of evidence in the proceeding and the penalties that the Jury could impose
under Law 8085, Article 45 provided that "the Jury shall weigh the evidence according to the rules of free
conviction. If the verdict is a conviction, the only effect shall be for the accused to be removed and rendered
ineligible for any other post in the judiciary thereafter.” 16
12Law 8085, Rules of Procedure for the Impeachment Judges; Law 11.967 amending various articles of Law 8085, promulgated
on June 24, 1997.
13
Law 8085, Rules of Procedure for the Impeachment Judges.
Law 8085, Rules of Procedure for the Impeachment Judges. Law 11.967 amending various articles of Law 8085,
promulgated on June 24, 1997.
14
15 Law 8085, Rules of Procedure for the Impeachment Judges; Law 11.967 amending various articles of Law 8085,
promulgated on June 24, 1997.
16 Law 8085, Rules of Procedure for the Impeachment Judges; Law 11.967 amending various articles of Law 8085,
promulgated on June 24, 1997.