29
reportedly confirmed that fact for the media, before the petitioners even received notification.152 In an
interview that the Chief Justice of the SCJ on June 4, 2010, he revealed that “the justices who voted the
first time, confirmed their decision on the second occasion; the vote count was the same in both
cases.”153 On June 4, 2010, the Supreme Court issued the following decision ordering the dismissal of
Magistrate Tirza del Carmen Flores Lanza:
THE SCJ HEREBY DECIDES: 1) To dismiss, without any liability to the institution, attorney TIRZA DEL
CARMEN FLORES LANZA from the post of Magistrate on the San Pedro Sula Appellate Court,
department of Cortés, for serious or repeated noncompliance with or violation of some of the
duties, incompatibilities and conduct set forth in chapters X and XI of the Judicial Career Service
Act, by virtue of the following: a) Having been absent from her court office on June 30, 2009, on
which date she was in the capital of the Republic engaging in matters that are not inherent
functions of her post and which she did without obtaining the necessary leave; b) engaging in
activities incompatible with the performance of her office, by engaging in solicitorship to seek
nullification of the proceedings conducted in Case No. SCO-896-2009 (Petition of Amparo) on
August 12, 2009; c) using the offices of the San Pedro Sula Appellate Court, which is the exclusive
and legal property of the Judicial Branch, as the address for receiving notifications pertaining to
business entirely unrelated to her sole function, which is to impart and administer justice
impartially; d) involving herself in activities that, as a Magistrate, she is not permitted to
participate in, as she went to the Office of the Attorney General of the Republic and there filed a
criminal complaint against officials of the State for the alleged commission of crimes; e) making
comments on the judicial proceedings and decisions of other jurisdictional bodies, including the
SCJ itself; all these behaviors are incompatible with the principles of ethics and the laws governing
the conduct of judicial officials and employees. Articles 80, 82, 90(1), 303, 313 (1) and (8), 318,
319, 322 and 323 of the Constitution of the Republic; XXXIII of the Universal Declaration of the
Rights and Duties of Man; 1, 3, 4 (i), 44, 45, 51, 53 (g), 54 (c), 55, 56 (3), 60, 64 (a), 65, 66, 73, 74,
83 and 84 of the Judicial Career Service Act; 1, 3, 4, 7, 9 (1), 149, 157, 160, 161, 171, 172 (f), 173
(c), 174, 180 (3), 184, 186, 187 (a), 188, 189, 190, 206, and 214 of the Regulations Governing the
Judicial Career Service Act; 3 (6) and 108 of the Law on the Organization, Functions and
Authorities of the Courts; 53 of the Model Ibero-American Code of Judicial Ethics; 10 and 20 of
the Statute of the Ibero-American Judge; and 1(1), 2(d), 8(d) and 9 of the Code of Ethics for
154
Judicial Officials and Employees.
92.
On June 30, Magistrate Flores filed an appeal with the Judicial Career Council.155 Her
dismissal took effect on July 1, 2010, and on that day her replacement took over the post.156
152
Annex 17. Petition filed with the SCJ seeking reconsideration of the disciplinary dismissal. May 21, 2010.
Attachment to the petitioners’ communication of July 6, 2010.
153
Annex 18. La Prensa.hn, Prefiere renunciar a permitir injerencia. El Presidente de la SCJ dice que lo político no está
sobre la ley [He would rather resign than allow interference. Chief Justice of SCJ says politics is not above the law], June 4,
2010. Attachment to the original petition received July 6, 2010.
154
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. SCJ. Memorandum No. 1181-SSCJ-2010.
June 4, 2010. Page 13. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
155
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Appeal. June 30, 2010. Pages 1- 12.
Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
156
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Office of the Director of Judicial Career
Personnel Management. Report of August 16, 2011. Page 421. Attachment to the State’s communication of June 25, 2012
received on July 2, 2012.