Article 30. For the purposes of the ratification of judges and prosecutors included in paragraph
b) of Article 21 of this Law, the National Council of the Magistracy assesses the conduct and
aptitude incumbent on the role, considering the judicial production, merits, and reports of Bar
Associations and background on their conduct, with the obligation of do a personal interview
in each case.4
26.
Finally, the Regulations Governing the Assessment and Ratification of Judges of the Judicial
Branch, issued on November 16, 2000, established that the NCM had to summon judges and prosecutors for
the said proceeding, setting a ten-day deadline for them to submit their updated and documented curricula
vitae, copies of their annual sworn declarations on assets and income, information about punishments or
proceedings in which they were charged with criminal, civil, or disciplinary responsibility, their enter date to
social and sport clubs, kinship with other public power’s members, and the confirmation of their mental and
physical aptitude. 5 Furthermore, it was necessary to gather information about each judge, regarding their
attendance to work and punctuality, leaves taken and absences to work, judicial production, criminal
proceedings of their responsibility with missed deadlines and pending causes.6
27.
The Regulations managed the proceeding during the interview and established the nonappealable nature of the Council’s decisions, in the following terms:
Article 6. The judges and prosecutors subjected to ratification will do a personal interview,
which will take place by decision of the Plenary or at the request of those assessed. In order
to carry out the interviews, roles and deadlines are established. They are conducted before
the Plenary or the Special Commission, which is composed of three councilors appointed by
the Plenary.
Article 8. The person assessed will be heard during the personal interview and he or she will
be able to submit the relevant evidence that verifies their academic, professional, and
functional achievements. The cases needing clarification or any other aspect related to the
provided information will be notified to them. The interview might be recorded through
magnetic or optical media. The recordings will have a reserved character.
Article 17. From the results of the voting on ratification, re-consideration by the councilors
turns inadmissible. A challenging remedy against it and its execution are inadmissible.
Reviewing the proceeding at legal court or its results is inadmissible, pursuant to the Political
Constitution.
General Provisions. II. Ratification is a constitutional power granted to the association body of
the National Council of the Magistracy to decide, according to the criterion of each councilor
participating in the session’s plenary, if it is admissible to renew the confidence regarding the
person assessed, so that the latter is allowed to keep his or her position or is definitely
dismissed.7
28.
The said Regulations were replaced in 2002. In the new regulations, it is no longer mentioned
that the personal interview to judges or prosecutors shall be conducted by decision of the Plenary or at the
request of those assessed.8
Law No. 26397, Organizational Law of the National Council of the Magistracy enacted on November 25, 1994.
Regulations Governing the Assessment and Ratification of Judges of the Judicial Branch and Prosecutors of the Public Ministry, approved
through resolution 043-2000-CNM, November 16, 2000.
6 Regulations Governing the Assessment and Ratification of Judges of the Judicial Branch and Prosecutors of the Public Ministry, approved
through resolution 043-2000-CNM, November 16, 2000.
7 Regulations Governing the Assessment and Ratification of Judges of the Judicial Branch and Prosecutors of the Public Ministry, approved
through resolution 043-2000-CNM, November 16, 2000.
8 These regulations were applied to petitioners Cuya Lavy and Valenzuela Cerna. Petitioners Díaz Alvarado and Rodríguez Ricse were
applied the previous regulations.
4
5
5