28. At the time of the facts of this case, the disciplinary process was regulated17 by the
Constitution of the Province of Buenos Aires 18 and in Law 8085, Rules of Procedure for the
Prosecution of Magistrates19 (hereinafter "Law 8085").
In turn, the Court notes that Article 115 of the Argentine Constitution states: "The judges of the lower courts
of the Nation shall be removed on the grounds stated in Section 53, by a special jury composed of legislators, judges,
and lawyers with federal registration. The decision, which cannot be appealed, shall have no other effect than the
removal of the accused. But the condemned party shall nevertheless be subject to accusation, trial, and punishment
according to law before the ordinary courts. If no decision was taken after the term of one hundred and eighty days
since the opening of the proceedings for removal, said proceedings are to be filed and, in that event, the suspended
judge shall be reinstated. The composition and procedure of this jury shall be stated in the special law mentioned in
Section 114."
18
Article 182 of the Constitution of the Province of Buenos Aires stipulates: "Judges of appellate courts and
courts of first instance, as well as members of the Office of the Attorney General may be denounced or accused by
any Argentine national for criminal offenses or minor offenses committed in the performance of their official duties
before a jury of 11 members that may function with a complement of no fewer than six, which shall be composed of
the President of the Supreme Court of Justice, who shall preside over it; five registered lawyers who satisfy the
conditions to be members of said tribunal; and up to five lawyer-legislators. The legislators and lawyers who are to
sit on the jury shall be appointed by lot, in a public act, in each case; the legislators [in a procedure organised] by
the President of the Senate and the lawyers by the Supreme Court of Justice, which shall be in charge of drawing up
the list of all the lawyers who meet the conditions to be co-judges." Article 184 states: "The jury shall render its
verdict according to the law, declaring the accused judge guilty or not guilty of the fact or facts imputed to him."
19
Article 1: In the first regular session of each year, the President of the Senate shall draw up a list of all the
lawyer-legislators who have been installed in their respective bodies. The list shall be lengthened or shortened in line
with the addition or withdrawal of lawyer-legislators, which fact shall be communicated to the Supreme Court of
Justice and both legislative chambers for the purposes of any claims that might arise owing to any undue exclusions
or inclusions (...) Article 3: Whenever an indictment or a court summons is issued against the judges or officials
referred to in Articles 159 and 182 of the Constitution, the President of the Supreme Court of Justice shall immediately
notify this Tribunal and the President of the Senate of that fact. The proceedings shall remain confidential until the
Tribunal is notified of the complaint or accusation. Article 4: Having been notified, the President of the Senate shall
proceed to hold a public drawing of lots to select from legislators on the list mentioned in Article 1, five members of
the Impeachment Jury, of which the parties (plaintiff and accused) shall be advised with at least three days’ notice,
with a special citation sent to the Chairs of the Committees for Constitutional Affairs and Agreements and for General
Legislation. The president of the Impeachment Jury and both Chambers shall be informed of the results of the drawing
of lots. Article 21: 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; (l) Reiterated gross irregularities in the proceeding; ll) Active intervention in politics; m) For judicial
officers, to exercise the legal profession or representation, even in another jurisdiction, except in the defense of one’s
wife or of one’s descendants and ascendants; n) Accept the position of arbitrator; o) Contract civil obligations with
the litigants or professionals acting in his/her Court or Tribunal; p) Exercise any trade or industry; q) Perform any
other public function not entrusted by law, except teaching; r) Be part in a civil bankruptcy for a cause attributable
to the official. Article 28: Before adopting a decision on the propriety of the notice to which the preceding article
refers, the Jury shall have a preliminary discovery period to obtain information about the facts on which the accusation
is based. That discovery period shall conclude within 15 days after the Jury is formed. That term having expired, it
shall pronounce a decision on the propriety of the notice based on the information in its possession. Article 42: Once
the Jury is constituted in a reserved session for the purpose of pronouncing the verdict, the President shall adopt the
pertinent measures so that none of the jurors may leave the room until the verdict is pronounced, and shall
immediately submit to the jury the following questions: 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? Article 56: The
provisions of the Code of Criminal Procedure shall be applicable supplementarily, insofar as they do not oppose those
contained in this law.
17
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