30
93.
The hearing was postponed once. Then, on February 17, 2011, Magistrate Flores
appeared before the Judicial Career Council where she stated that she did not know who the members
of the Judicial Career Council were or which members of the Council would hear her appeal. She also
stated that the disciplinary case file contained a decision dated May 5, 2010, signed by the Chief Justice
of the SCJ, of which she had never been notified.157 Hearings to examine the evidence were held on
March 3 and 7, 2011.158
94.
On September 21, 2011, the magistrate was notified of the decision taken by the Judicial
Career Council on August 24 of that year, which dismissed her appeal and confirmed her dismissal on
four of the five grounds.159 In that decision, the Council addressed the argument claiming that it did not
have the independence and impartiality necessary to take up remedies filed to challenge decisions of
the Supreme Court and observed that those members of the Supreme Court who had voted in favor of
her dismissal had disqualified themselves from the proceedings on the petition and that, based on the
suppletive rules, other persons served as members of the Council. The latter also commented that “no
member’s independence can be questioned, as they are officials who joined the Career Service and won
their positions by competition and have had impeccable careers in the Judiciary …” The Council held that
there were no violations of due process, that the magistrate had had the procedural opportunities to be
heard and to present evidence, and the statute-of-limitations argument was out of order.
95.
As to the first grounds for dismissal, the Council concluded that Magistrate Flores’
conduct “violated the duty set forth in Article 45 of the Judicial Career Service Act, read in conjunction
with Article 54 of that law, which provides that officials and employees shall not be absent from their
offices on work days and during working hours, except with the proper authorization. Unauthorized
absence from the office is deemed to be inimical to the efficacy of the administration of justice as the
respective office is left unattended without cause. Under Article 179 of the Regulations Governing the
Judicial Career Service Act, the conduct described in its Article 173 (c) is deemed to be a serious
offense.”160
96.
As for the second and fourth grounds for dismissal, the Council wrote that
Judges and magistrates shall provide their services to the Judicial Branch exclusively and shall not
therefore practice the legal profession independently, nor may they provide legal counsel or
advice to any person.’ Applying the suppletive rule contained in Article 85 of the Judicial Career
Service Act, Article 215 of the Regulations Governing the Judicial Career Service Act, and Article
51 of the Internal Regulations of the Judicial Career Council, the Council refers to Article 108 of
the Law on the Organization, Functions and Authorities of the Courts which provides that no
judge or magistrate may engage in legal representation or solicitorship in any court or tribunal
157
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Judicial Career Council de la SCJ.
Certification of Hearing, February 17, 2011. Pages 47-54. Attachment to the State’s communication of June 25, 2012 received
on July 2, 2012.
158
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Judicial Career Council. SCJ. Record of the
Hearing. February 17, 2011. Pages 380-384. Attachment to the State’s communication of June 25, 2012.
159
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. SCJ. Judicial Career Council. Decision of
August 24, 2011. Pages. 458- 472. Annex **. SCJ. Judicial Career Council. Certification, Case File No. 3076. Notification.
September 21, 2011. Attachments to the State’s communication of June 25, 2012 received on July 2, 2012.
160
Annex 24. SCJ. Judicial Career Council. Certification, Case File No. 3076. Decision of August 24, 2011. Attachments
to the State’s communication of June 25, 2012 received on July 2, 2012.