18
followed.”79 On April 14, 2011, the Chief Justice of the Supreme Court decided that inasmuch as he had
been one of the judges who ruled in favor of dismissal, he was abstaining from appointing the new
members. He indicated that “the method to be followed” was the one prescribed in Article 16 of the
Internal Regulations of the Judicial Career Service and, by analogy, Article 72 of the Law on the
Organization, Functions and Authorities of the Courts and Article 15(d) of the Internal Regulations of the
SCJ.80 On April 26, 2011, the Chair of the Judicial Career Council decided that the applicable rules
included Articles 5181 of the Internal Regulations of the Judicial Career Council and 72 of the Law on the
Organization, Functions and Authorities of the Courts.82 She then proceeded to name the alternates.83
60.
On September 21, 2011, the attorney of Judge López Lone was notified of the Judicial
Career Service’s decision, taken on August 24 of that year, in which his appeal was denied and his
removal was confirmed.84 The Council wrote that “when issuing its decisions it acted as an independent
body.” It also wrote that in order to ensure impartiality and independence in the consideration of the
appeals filed by Judge López Lone, the record shows that the parties that had served on the panel that
had heard the case that resulted in Judge López Lone’s dismissal disqualified themselves; acting in their
place were officials who “have had no hand in any of the decisions taken by the Supreme Court.”85 The
Council rejected the statute-of-limitations argument made by Judge López Lone.86 It added that Judge
López Lone’s impartiality and independence “would be compromised the minute he was called upon to
hear claims filed by citizens with whom he established a mutual interest in the political demonstration in
which they were all partners in a common struggle; this was a given understood by other judges who did
not participate in partisan political activities […].”87
79
Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. Report of the General Counsel Secretary.
April 6, 2011, at 109, page 448. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
80
Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. Decision of the President of the Court of
April 14, 2011. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012
81
Article 15.- Whatever is not provided for in these Regulations shall be decided in accordance with the provisions of
the Judicial Career Service Act and its Regulations; failing that, it shall be decided in accordance with the Civil Service Act and its
Regulations, the Law on the Organization, Functions and Authorities of the Courts, the Administrative Procedure Act, the
Retirement Law for the Judicial Branch, the Code of Civil Procedure and Civil Code, applying from these laws those provisions
deemed to be most in keeping with the spirit and the purpose of the Judicial Career Service Act.
82
The relevant provision states that one of the functions of the Chairs of the Appellate Courts: “To give the necessary
orders to establish the membership of the Tribunal, when because of impediment, leave or any other cause the needed
number of magistrates is absent.” Article 72(3) of the Law on the Organization, Functions and Authorities of the Courts.
January 22, 1906.
83
Annex 16. SCJ. Judicial Career Council. Case File 30.77. Resolution of the President of the Council of April 26, 2011,
page 449. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
84
Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. Decision of the Judicial Carrer Council of
August 24, 2011, pages. 505-518. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
85
Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. Decision of the Judicial Carrer Council of
August 24, 2011, pages. 505-518. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
86
Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. Decision of the Judicial Carrer Council of
August 24, 2011, pages. 505-518. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.
87
Annex 16. SCJ. Judicial Career Council. Certification, Case File No. 3077. Decision of the Judicial Carrer Council of
August 24, 2011, pages. 505-518. Attachment to the State’s communication of June 25, 2012 received on July 2, 2012.