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.

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