- 24 Article 319. Judges and justices provide their services to the Judiciary, on an exclusive basis.
Consequently, they may not exercise the legal profession independently, or provide advice or legal
assistance to anyone. This prohibition does not include the performance of teaching or diplomatic
functions (ad hoc). Judicial officials and auxiliary personnel from the jurisdictional and
administrative areas of the Judiciary, may not take part, for any reason, in activities of a partisan
nature of any type, except to cast their personal vote. They may not form labor unions or go on
strike.107
73.
The Judicial Service Act stipulates that:
Article 44: Judicial officials and employees must, at all times and in all places, observe
irreproachable public and private conduct.
[…]
Article 49: Judicial officials may not be active members of political parties or intervene in debates
of an electoral nature, except for exercising their right to vote.
Article 50: Positions in the Judiciary and in the Public Prosecution Service cannot be accumulated
and are incompatible with the performance of any other remunerated function, with the
professional management of the affairs of another person, with elected and political office, with
engaging in business, with the office of Minister of any religion, with active malice except in the
military criminal jurisdiction, with any participation in the exercise of the law or notary services,
with the functions of data curator and justice auxiliary, and with the management and auditing of
commercial companies. The prohibition to litigate and to exercise the functions of an auxiliary
extends to those who are on leave. Substitute judges and representatives of the Public
Prosecution Service, and teaching posts of up to ten hours a week at the most are exempt from
this provision, provided they do not affect the normal rhythm of work.
Article 51: Judicial officers shall enjoy the right of tenure when they enter the judicial service in
the appropriate manner and may only be removed when they give cause for dismissal under this
law and its regulations.
Article 53: Acts by officials and employees, such as the following, are considered to be inimical to
the dignity of the administration of justice:
[…]
b) Harmful or slanderous statements against the institutions or against any other employee or
public official;
[…]
f) Requesting or encouraging publicity of any type for their own person or actions, without
prejudice to the right to rectify information or comments.
g) Exercising, directly or indirectly, activities incompatible with the decorum of the function and
that are inimical to its dignity in any way.
Article 54: The following acts are contrary to the effectiveness of the administration of justice:
[…]
c) Failure, without justification, to be present in the respective place of work, closing this without
any legal reason, or unduly limiting working hours or the hours for attending the public.
[…]
j) Promotion, sponsorship or organization of strikes; shutdown, total or partial suspension of
activities, reduction of the rhythm of work; participating in such acts or tolerating them.
[…]
107
1982 Constitution of the Republic of Honduras (as amended up until January 20, 2006), article 319. Available at:
http://www.poderjudicial.gob.hn/CEDIJ/Leyes/Documents/CONSTITUCI%C3%93N%20DE%20LA%20REP%C3%9ABLICA%2
0%2809%29.pdf