12
43.
Finally, the Regulations of the Office of the Inspector General of Courts and Tribunals
give it the authority to launch investigations related to disciplinary proceedings against magistrates and
judges, and to refer the case files to the Office of the Director for Personnel Management and the SCJ.42
44.
As for the procedure followed to determine sanctions, under Article 188 of the
Regulations of the Judicial Career Service Act, dismissal and disciplinary measures
may only be applied once a preliminary briefing has been held and the interested party
has been given a hearing to explain his or her reasons and disprove the charges, and only
after the appropriate investigations have been conducted and the necessary evidence
taken. To that end, the Office of the Director of Personnel Management, either itself or
the high-ranking official to whom it delegates that function, shall issue a written
summons to the employee, spelling out the specific charges against the employee and
advising him or her of the date, time and place of the hearing.
45.
The article also states that the Office of the Director “shall make the final decision as to
whether to confirm the disciplinary sanction announced to the employee and shall notify the interested
party in writing of its decision. Dismissal shall become final when remedies filed by the accused have
been exhausted and decided.43
46.
Article 67 of the Act provides that “a judicial public servant who has been disciplined or
dismissed may turn to the Judicial Career Council within ten working days, not subject to extension and
counted from the date of notification of the disciplinary measure or dismissal ordered in his or her case,
[…]”.
47.
As for the types of decision the Council is authorized to take, Article 68 provides that
“the decision the Judicial Career Council takes on a claim filed to challenge a dismissal may either
confirm the dismissal or order reinstatement of the judicial employee or official concerned, either to his
or her own post or to one of equal rank, with the right to receive the salaries owed since his or her
removal from the post”. Article 69 provides that “any judicial public servant removed from his or her
post without cause shall have the right to be reinstated in his or her post, as provided in the preceding
article; when the Judicial Career Council finds that reinstatement is neither possible nor advisable, he or
she shall be entitled to receive a month’s salary for every year of service, up to a maximum of six years.”
48.
Under Article 31 of the Internal Regulations of the Judicial Career Council, “no remedies
of any kind, either regular or special, shall be admissible against final decisions handed down by the
Council.”44
42
Regulations of the Office of the Inspector General of Courts and Tribunals. Published in the Official Record La
Gaceta No. 27,745, August 31, 1995.
Articles 10 et
seq.
Available [in
Spanish] at:
http://www.poderjudicial.gob.hn/transparencia/regulacion/Documents/Reglamento%20de%20la%20Inspector%C3%ADa%20G
eneral%20de%20Tribunales.pdf. See also, Judicial Career Service Act, Decree No. 953, published in La Gaceta No. 23414 on
June 30, 1980. Article 65.
43
Regulations Governing the Judicial Career Service Act, Published in the Official Record La Gaceta No. 25,657 of
October 17, 1988. Article 188.
44
17,
Internal Regulations of the Judicial Career Council, published in the Official Record La Gaceta No. 25,657 of October
1988.
Article
31.
Available
at: