72.
The aforementioned Regulation also regulated in its articles 6 and 8, that the personal
interview included in the ratification procedure was given by decision of the Plenary or at the
request of those evaluated, according to a role and term, and that, in it, they could refer to aspects
of academic, professional and functional achievement. 48
73.
Additionally, this Regulation, among the general provisions, point II, established that:
Ratification is a Constitutional power granted to the collegiate body of the National Council of the Judiciary
to decide, according to the criteria of each Counselor who participates in the plenary session of the
respective session, whether to renew the trust in the evaluated person to continue in the position or to
permanently remove them. 49
74.
Said Regulation was repealed in 2002 and a new one issued under Resolution No. 2412002-CNM, which no longer indicates that the personal interview is carried out by decision of the
plenary session or of those evaluated. 50
75.
In article 3 of each of the Evaluation and Ratification Regulations, the criteria to be
evaluated were indicated:
a) Attendance and punctuality at the workplace;
b) Number of licenses granted, indicating the reason and their duration, as well as unwarned or unwarranted
absences;
c) Absences from the place where the position is held;
d) Jurisdictional output, with statistics that indicate the percentage of resolutions revoked or confirmed by
higher authorities:
e) List of judges and prosecutors who are in charge of criminal proceedings with expired time limits and
number of these with indication of time, and
f) List of judges and prosecutors who have pending cases in their office, indicating the time from the moment
they are issued. 51
76.
Similarly, in article 2 of each regulation, it was indicated that by means of a sworn
statement, those summoned had to report on:
a) If the individual has been sanctioned or is being prosecuted for being charged with criminal, civil or
disciplinary responsibility, specifying, if applicable, the sanction applied, the reason and the authority
that applied it.
b) The date of entry to social and sports clubs.
c) If they are related up to the fourth degree of consanguinity, second by affinity or by reason of marriage
with workers or officials who work, as appropriate, in the Judiciary and the Public Prosecution
Service, as well as other bodies linked in the field of their influence.
d) Their physical and mental fitness. 52
77.
In addition, article 17 established that, there was no reconsideration by the CNM against
the result of the ratification, nor a challenge by appeal, or judicial review. 53
48
Regulations for the Process of Evaluation and Ratification of Judges of the Judiciary and Prosecutors of the Public
Prosecution, Resolution 043-2000-CNM of November 16, 2000, articles 6 and 8, supra.
49
Regulations for the Process of Evaluation and Ratification of Judges of the Judiciary and Prosecutors of the Public
Prosecution, Resolution 043-2000-CNM of November 16, 2000, general provisions, section II, supra.
50
Regulations for the Process of Evaluation and Ratification of Judges of the Judiciary and Prosecutors of the Public
Prosecution, Resolution No. 241-2002-CNM, of April 13, 2002 (evidence file, fs. 2633 to 2641).
51
Regulations for the Process of Evaluation and Ratification of Judges of the Judiciary and Prosecutors of the Public
Prosecution, Resolution 043-2000-CNM and Resolution No. 241-2002-CNM, article 3, supra. Namely, in the 2002
Regulation, subsection d) of this article was added, which reads: “Jurisdictional output of the last seven years, with
statistics of cases entered and resolved in each year, indicating the number of resolutions revoked or confirmed by higher
instances; and in the case of prosecutors, the number of opinions issued and complaints filed and formalized.”
52
Regulations for the Process of Evaluation and Ratification of Judges of Judiciary and Prosecutors of the Public
Prosecution, Resolution 043-2000-CNM and Resolution No. 241-2002-CNM, article 2, supra.
53
Regulations for the Process of Evaluation and Ratification of Judges of the Judiciary and Prosecutors of the Public
Prosecution, Resolution 043-2000-CNM and Resolution No. 241-2002-CNM, article 17, supra.
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