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View Full Version : SCJ Judges to retire at 75



NewsWhore
10-09-2009, 03:00 PM
The Revisory Assembly of the Constitution has set the mandatory retirement age for Supreme Court judges at 75 years and eliminated the section on property jurisdiction that was passed during the first reading, in accordance with the recent PLD-PRD pact.
The current Constitution does not establish an age limit for high court judges. The retirement age for all other judges "would be established in accordance with the law on the issue". The free administration of justice was passed, in the name of the Republic, by the Judicial Branch. This power is exercised by the Supreme Court and the other tribunals created by this Constitution and the law.
The Assembly also approved that "the Supreme Court of Justice is the superior jurisdictional body of all the judicial bodies. It will be composed of no less than 16 judges and can meet, deliberate and decide with the quorum established by the law that establishes its organization. It will be divided into chambers according to the law."
The Assembly then approved that the law will regulate the judicial statutes of the Judicial Career, entry, training, promotion, advancement, separation and retirement of a judge in accordance to the principles of merit, skill and professionalism as well as the regulations for retirements and pensions of judges, officials and employees of the judicial system. The law will also regulate the National Judicial School and in order to be designated a Judge of the Judicial Power, "all candidates should be subject to a public competition based on merits for entrance into the National Judicial School as established by the law."
In order to be a Judge of the Supreme Court, the candidate should "have practiced for at least 12 years the profession of lawyer, university teaching of law or have carried out for the same time, the functions of a judge within the Judicial Power or as a representative of the Justice Ministry. These periods can be cumulative."
One of the attributions of the Supreme Court approved by the Assembly orders the court "to designate, according to the law on the Judicial Career, the judges of the Appeals Court or their equivalent, the courts of First Instance or their equivalent, the judges of Instruction, the justices of the Peace and their substitutes, the judges of any other tribunals of the Judicial Power created by the Constitution and the laws, previous a list of candidates presented by the Judicial Power Council."
Meanwhile, the attribution to hear the penal cases regarding the President and Vice-President and other officials in a single instance remained on the table.

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