28
the Judicial Career Council issued its decision, in which it declared the magistrate’s appeal unfounded.147
The examination of the evidence turned up the same communication mentioned at supra paragraph
54.148
89.
On April 20, 2010, the Office of the Director of Personnel Management recommended
that Magistrate Flores be dismissed on the grounds cited earlier.149
90.
The disciplinary case file contains a decision signed by the Chief Justice of the SCJ and its
Secretary150 stating that by majority vote, the SCJ had decided that the conduct attributed to Magistrate
Flores violated various provisions of the Honduran legal system and accordingly decided to dismiss her.
The decision states that the explanations offered by the magistrate “could not exonerate her of
administrative blame,” that her statute-of-limitations argument was out of order, that the magistrate’s
absence from her office on June 28, 2009 without the necessary permission was a violation of articles 54
(a) and (c) of the Judicial Career Service Act and Article 2(g) of the Code of Ethics for Judicial Officials and
Employees, that she had engaged in solicitorship, which is expressly prohibited by Article 219 of the
Constitution, Article 108 of the Law on the Organization, Functions and Authorities of the Courts and
Tribunals, and Article 50 of the Judicial Career Service Act; the decision also stated that by filing a
criminal complaint against State officials and “making comments on the judicial activities of other
jurisdictional bodies and of the SCJ itself,” magistrate Flores was acting in a manner unbecoming her
office. Finally, the decision states that “no judge may claim a right to participate in the national political
discourse like any other citizen, precisely because judges are not just any persons; instead, they are
officers of the court whose role is incompatible with the professional practice of unrelated businesses,
and with any and all involvement in lawyering, notarization, or solicitorship.” The ruling cited case law
of the Inter-American Court on the stricter scrutiny to which public officials are exposed and its case law
to the effect that the right to freedom of expression is not an absolute right.
91.
On May 21, 2010, the alleged victims filed a request with the Supreme Court seeking
reconsideration of their disciplinary dismissal.151 The reconsideration request pointed out, inter alia,
that the petitioners had learned of the decision to dismiss them because a justice on the Court had
of the Director of Judicial Career Personnel Management on January 11, 2010. January 14, 2010. Attachment to the petitioners’
communication of January 20, 2011.
147
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. Judicial Career Council. Decision of February 22,
2010. Attachment to the petitioners’ communication of January 20, 2011.
148
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 Inspection Record. April 6, 2009. Page 127.
Attachment to the petitioners’ communication of January 20, 2011
149
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 Director of Personnel
Management. Decision 04-201. April 20, 2010. Pages 148-155. Attachment to the petitioners’ communication of January 20,
2011.
150
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.Decision of May 5, 2010. Attachment to the
petitioners’ communication of January 20, 2011.
151
Annex 17. Petition filed with the SCJ seeking reconsideration of the disciplinary dismissal. May 21, 2010.
Attachment to the petitioners’ communication of July 6, 2010. Republic of Honduras.