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.

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