26
83.
On July 1, 2009, the Supreme Court’s Inspector General of Courts and Tribunals
launched an investigation ex officio into Magistrate Flores, as the Inspector General had heard television
reports that a petition of amparo had been filed. She decided to conduct the pertinent investigations,
pursuant to Articles 1(b), 2, 15, 16 and 17 of the Internal Regulations.136 On July 30, 2009, the Inspector
General issued a report in which she concluded that when Magistrate Flores filed the petition seeking
amparo relief, she was absent from her office without requesting permission, in addition to which she
listed the court where she worked as her domicile for purposes of receiving notifications. The Inspector
General considered that Magistrate Flores’ conduct came under Article 53(g) of the Judicial Career
Service Act, under which judges are not to “engage, either directly or indirectly, in activities unbecoming
the dignity of their office or that are in any way inimical to the dignity of the institution.” The Inspector
General therefore recommended to the SCJ that it “follow through with whatever disciplinary measures
may be called for.”137
84.
On August 12, 2009, Magistrate Flores asked the Court to nullify any proceedings
conducted on the petition of amparo so that she could correct a mistake in that petition.138 On
September 9, 2009, the Constitutional Chamber denied her request and wrote the following:
This Chamber finds that under the law, the act of filing a petition seeking amparo relief does not in
itself constitute solicitorship. However, the act of appearing before a court and requesting that its
proceedings be nullified, as petitioner attorney TIRZA DEL CARMEN FLORES LANZA would have the
court do at this stage of the proceedings, is indeed solicitorship and, in the opinion of this
Chamber, a violation of Article 108 of the Law on the Organization, Functions and Authorities of
the Courts, because the petitioner in this matter is a tenured magistrate on the San Pedro Sula
139
District Appellate Court.
85.
Having said this, the Supreme Court nonetheless decided to order the proceedings on
the petition nullified, and also ordered that a new petition be filed.140
86.
On October 20, 2009, the Office of the Director of Judicial Career Personnel
Management summoned Magistrate Flores to his office to answer to disciplinary charges.141 On
136
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director
of Personnel Management. File No. 222-223-2009. Complaint . 267-OGJT-PJ-2009. CSG’s Office of the Inspector General of
Courts and Tribunals. Record of an Investigation Ex Officio. July 1, 2009. Attachment to the petitioners’ communication of
January 20, 2011.
137
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director of
Personnel Management. File No. 222-223-2009. Complaint . 267-OGJT-PJ-2009. Office of the Inspector General of Courts and
Tribunals. Report on the findings of the investigation ex officio. June 30, 2009. July 30, 2009. Pages 9-13. Attachment to the
petitioners’ communication of January 20, 2011.
138
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Request filed by Tirza del Carmen Flores
Lanza seeking nullification of proceedings. August 21, 2009. Attachment to the State’s communication of June 25, 2012.
139
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Ruling of the Constitutional Chamber of
the SCJ. September 9, 2009. Pages 259-260. Attachment to the State’s communication of June 25, 2012 received on July 2,
2012.
140
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Ruling of the Constitutional Chamber of the
SCJ. September 9, 2009. Page 259-260. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
141
Annex 23. Republic of Honduras. Office of the Director of Personnel Management. File No Office of the Director of
Personnel Management. File No. 222-223-2009. Complaint . 267-OGJT-PJ-2009. Resolution of the Office of the Director of