31
and may only defend personal causes or those of their spouse, wards and relatives up to and
including the fourth degree of consanguinity or second degree of affinity. The following are also
among the incompatibilities prohibited under Article 50 of the Judicial Career Service Act and
Article 157 of the Regulations governing the Judicial Career Service Act: “No one may hold a
position in both the Judiciary and the Public Prosecutor’s Office, as they are mutually
incompatible […] even though the exceptions [established in Article 11 of the Organic Law of the
Honduran Bar Association] include “the procedures associated with petitions of habeas corpus or
amparo’, […] attorney Flores Lanza did not file just the petition of amparo; she also filed a
petition with the Constitutional Chamber of the SCJ […] titled “Nullification of Proceedings” […],
which is a petition that can only be filed by a solicitor certified by the Honduran Bar Association
161
or a legal professional who is a member of the Bar […].
97.
The Council also observed that it was established fact that Magistrate Flores Lanza had
used the offices of the San Pedro Sula Appellate Court to receive notifications, “which is improper
conduct, as she listed the office in which she served as a magistrate as her legal domicile.” It observed
that while Magistrate Flores Lanza claimed to have used her office address in the remedy she filed
challenging the constitutionality of Article 12 of the Constitutional Justice Act, a review of the records in
the case file turned up no evidence that she ever filed such a challenge.162
98.
As for the accusation that she was “making comments on the judicial proceedings and
decisions of other jurisdictional bodies, including the SCJ itself,” the Council held that because the
precise comments were never clearly established, it would not confirm that grounds for dismissal.163
99.
According to a report by the Deputy Director of Personnel Management, Magistrate
Flores Lanza received her last monthly salary payment in July 2010, and her replacement took over on
July 1, 2010.164
4.
Ramón Enrique Barrios
100. Judge Ramón Enrique Barrios served as a judge in the San Pedro Sula Sentencing Court.
He joined the Judiciary in June 2003 and had never been disciplined.165 He was a member of the AJD.166
101. On August 28, 2009, the newspaper Tiempo ran a column in its Opinion Section titled
“No hubo sucesión constitucional” [This was not a constitutional succession], under the name of Ramón
161
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Decision of August 24, 2011. Pages 458472. Attachments to the State’s communication of June 25, 2012.
162
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Decision of August 24, 2011. Pages 458472. Attachments to the State’s communication of June 25, 2012.
163
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Decision of August 24, 2011. Pages 458472. Attachments to the State’s communication of June 25, 2012.
164
Annex 24. Annex **. SCJ. Judicial Career Council. Certification, Case File No. 3076. Judicial Career Personnel
Management. August 16, 2011. Page 421. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
165
Annex 19. Investigation Report. Office of the Director of Judicial Career Personnel Management. Rebuttal Hearing
173-2009. December 7, 2009. Pages 254-259. Attachment to the petitioners’ communication of January 20, 2011.
166
In this regard, see Annex 13. Republic of Honduras. Office of the Director of Personnel Management. Office of the
Director of Personnel Management. File No. 222-223-2009. Complaint . 267-OGJT-PJ-2009. Judicial Career Service, Rebuttal
Hearing #172-2009, Guillermo López Lone, December 3, 2009. Attachment to the petitioners’ communication of January 20,
2011.