- 32 5, 2009. As he himself testified at the rebuttal hearing, when military forces guarding the
air strip opened fire with their regulation weapons, a human stampede was set off; in the
effort to save himself, he sustained a tibial plateau fracture to his left leg, a fact that is
inconsistent with the statement made by attorney LOPEZ LONE on the Atlántida Insurance
medical expense claim form, where he indicated that the accident happened when he tripped
as he was walking and hit his knee, leaving him unable to walk. He thus violated the Code of
Ethics for Judicial Employees and Officials, article 2 of which provides that a justice or judge
must act with honesty, independence, impartiality and equanimity. Therefore his conduct is
unbecoming to the dignity of his office and incompatible with ethical principles and the laws
governing the conduct of judicial officials. 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(2), 44, 45, 51, 53(g), 55, 56(3), 60, 64(a), 65, 66, 73,
74, 83 and 84 of the Judicial Service Act; 1, 3, 4, 7, 9(4), 149, 160, 161, 171, 172(f), 174,
180(3), 184, 186, 187(a), 188, 189, 190, 206 and 214 of the Regulations governing the
Judicial Service Act; Article 3(6) of the Law on the Organization and Faculties of the Courts;
43, 44, 53 and 55 of the Ibero-American Model Code of Judicial Ethics; 10 and 20 of the
Statute of the Ibero-American Judge; 1(1)(f), 8(a) and 9 of the Code of Ethics for Judicial
Officials and Employees.160
96. Following this decision, on June 30, 2010, Mr. López Lone filed an appeal before the Judicial
Service Council requiring his reinstatement as a judge.161 During this proceeding, five permanent or
substitute members of the Council disqualified themselves because, as members of the Supreme
Court of Justice they had heard the case for the dismissal of Mr. López Lone, or due to a family
relationship or friendship 162 On February 28, 2011, the Judicial Service Council held a hearing at
which Mr. López Lone indicated that he was unaware of the probable composition of the Judicial
Service Council who would examine his appeal and the evidence.163 In addition, he referred, inter
alia, to the presumed violations of due process in the processing of the disciplinary proceedings and
offered evidence to substantiate this.164
97. In view of the fact that several of its members had disqualified themselves, on March 22,
2011, it was considered that “the Judicial Service Council had been disbanded” and a note was sent
to the President of the Supreme Court of Justice asking him “to appoint, or to provide guidance on
the method to follow in order to incorporate the permanent and substitute members who w[ould]
constitute the Judicial Service Council.”165 In this regard, the President of the Supreme Court
decided that:
Inasmuch as [he himself] had been a member of the plenum of the [Supreme Court] that had ruled on the
dismissal that was being contested, it would not be legal or prudent [for him] to appoint the new members of
the Judicial Service Council. Consequently, the method to be followed in order to incorporate the permanent
members who w[ould] substitute the members whose disqualification had been accepted could be the one
prescribed in article 16 of the internal rules of procedure of the Judicial Service and, by analogy, article 72(3) of
160
Note of June 16, 2010, signed by the Secretary General of the Supreme Court of Justice transcribing the dismissal
decision of that date (evidence file, folios 501 and 502).
161
Cf. Appeal received on June 30, 2010, signed by Adán Guillermo López Lone and addressed to the Judicial Service
Council (evidence file, folios 490 and 500).
162
Cf. Disqualification dated November 25, 2010, signed by Edith María López Rivera, Permanent Member of the Judicial
Service Council (evidence file, folio 605); disqualification dated December 9, 2010, signed by Rosa Lourdes Paz Haslam,
Substitute Member of the Judicial Service Council (evidence file, folio 607); disqualification dated January 14, 2011, signed by
Gustavo Enrique Bustillo Palma, Substitute Member of the Judicial Service Council, (evidence file, folio 613); disqualification
dated February 2, 2011, signed by Raúl Antonio Henriquez Interiano, Permanent Member of the Judicial Service Council
(evidence file, folio 616), and disqualification dated March 3, 2011, signed by Léster Ilich Mejía Flores, Substitute Member of
the Judicial Service Council (evidence file, folio 839).
163
Cf. Minutes of the hearing of the Judicial Service Council of February 28, 2011 (evidence file, folio 634).
164
Cf. Minutes of the hearing of the Judicial Service Council of February 28, 2011 (evidence file, folios 632 to 650).
165
Cf. Decision of the Judicial Service Council of March 22, 2011 (evidence file, folio 1011).