Regulations of the General Court Inspection Office

Judicial oversight has the following objectives:

• A)

  To ensure that justice is administered in a timely, effective, and impartial manner;

• B)

  The examination of the official and public conduct of officials and employees; and C. The proper professional performance in the exercise of their duties.

Judicial oversight, which in accordance with law is vested in the Supreme Court of Justice, shall be carried out through the General Inspectorate of Courts; without prejudice to its ability to exercise it directly when it deems it appropriate.

To aid in the achievement of the proposed objectives, any natural or legal person, without any restriction whatsoever, may file complaints before any office of the General Inspectorate of Courts. If filed before another judicial agency, that agency shall be obligated to forward the original complaint to the corresponding office of the Inspectorate within a period not exceeding twenty-four hours.

The General Inspectorate of Courts shall have the following bodies:

• A)

  The General Inspectorate;

• B)

  The Regional Inspectorates; and C) The Inspectorates of Courts and Tribunals. From the office of the Inspector General, based on law and this Regulation, shall emanate the policies, procedures, and work plans accordingly. It shall also be responsible for the administration of budgetary funds allocated to it.

Inspectors shall be appointed by the Supreme Court of Justice for an indefinite period, following approval of a public competition, as established by the Judicial Career Law and in accordance with the Classification of Positions and Salaries manual of the Judicial Branch.

The General Inspectorate of Courts shall be headed by the Inspector General and, as applicable, the Assistant Inspector, as well as the Regional Inspectors and the Inspectors of Courts and Tribunals. These officials shall have the powers granted to them by law and its regulations and shall act under the direct supervision of the Supreme Court of Justice.

To be Inspector General the following are required:

• A)

  To be Honduran and in the enjoyment of civil rights;

• B)

  To be of recognized integrity;

• C)

  To be at least thirty years of age;

• D)

  To be a member of the Bar Association of Honduras and to be in good standing;

• E)

  To have practiced the profession for at least five years or to have been an Inspector of Courts, Judge of Letters, or Magistrate for three years; and F) To have passed the public competition. To be Assistant Inspector or Regional Inspector, the same requirements demanded for the position of Inspector General shall be required. To be Inspector of Courts and Tribunals, the following are required:

  • A)

    To be at least twenty-five years of age;

  • B)

    To have practiced the legal profession or to have been a Judge of Letters for at least three years; and C) To meet the requirements referred to in subsections A), B), D) and F) of this Article.

Inspectors may only be removed from their positions, suspended, transferred, or retired for the causes provided by law.

The Inspector General may assign the inspection, investigation, or supervision of the work of other inspectors.

Judicial oversight shall be exercised principally by means of inspections, which shall be general or special. A) General inspections shall be conducted periodically, at least semiannually at Courts of Letters and Courts of Appeal; and annually at Peace Courts. These inspections shall have the purpose of:

• a)

  Establishing the attendance of officials and employees at the respective office, their personal appearance, behavior, and professional performance;

• b)

  Verifying the order, currency, accuracy, and presentation of the books and case files being processed;

• c)

  Verifying compliance with terms and judicial deadlines;

• d)

  The management of judicial deposit titles and the existence of assets belonging to each case; and e) Observing the installation of the deposit and its working conditions. B) Special inspections shall be conducted:

  • a)

    By order of the Supreme Court of Justice;

  • b)

    By request of the Public Ministry;

  • c)

    By decision of the Inspector General;

  • d)

    By complaint of any natural or legal person, filed before the Inspectorate or any judicial authority. An inspection report shall be prepared for each inspection visit, a copy of which shall be delivered to the head of the inspected body. The head may submit observations if any, which shall be forwarded by the Inspector General to the Supreme Court of Justice within a period of three days.

Inspectors shall investigate complaints or grievances regarding matters related in the previous Article.

In the performance of their functions, Inspectors shall observe the recusal procedure established by law; otherwise, they shall incur in liability.

The reports drawn up in the performance of their obligations and the reports submitted by Inspectors regarding their powers shall constitute evidence, without prejudice to any actions that may be raised against them.

The Inspector General shall have the obligation to supervise the investigations conducted by the Assistant Inspector, the Regional Inspectors, and the Inspectors of Courts and Tribunals, ensuring that they give proper follow-up; likewise, it shall be at his or her discretion to enable non-working days for the performance of judicial oversight functions. Inspectors shall conduct investigations on the matters complained of. Verbal and written complaints shall be investigated within a period not exceeding thirty days from their official knowledge. Investigations shall be conducted in a professional manner covering all matters complained of in an objective and impartial manner. The report shall be submitted after the three days following completion of the investigation.

Inspectors shall perform their functions in accordance with the established procedures, and shall keep their superiors informed of their activities in investigations; once these are completed, they shall send the report with its results to the General Inspectorate. The Inspector General shall forward to the Supreme Court of Justice and to the Judicial Career Office the proceedings prepared. If charges appear that constitute alleged crimes, the Inspector General shall transfer them to the Public Ministry. The Inspector General shall report to the Administrative Director of the Supreme Court of Justice on matters that affect the efficiency and effectiveness of judicial administration in order to give it the appropriate follow-up and resolution.

The Inspectors, in order to carry out their work and at their discretion, may:

• A)

  review the case files in the Courts and offices of the Judicial Branch;

• B)

  Document their work, being able to photocopy archives and case files;

• C)

  Verify the existence of physical evidence, execution documents, negotiable instruments and other documents related to their inspections or investigations that may help them effectively carry out their duties, and;

• D)

  Take statements from office personnel, being able to do so without the presence of the officer or employee or litigating party or witness.

They shall furthermore have the authority to conduct any proceeding in public and private institutions when the law permits it; likewise, they may request any document with the purpose of obtaining the information necessary to complete the investigation.

The officers or employees of the Judicial Branch must provide the Inspectors with a private and adequate space during the time when the judicial visit or corresponding investigation is conducted, in order to review with discretion the case files and investigation documents.

The Inspector General shall follow up on the disciplinary or criminal action that results against the investigated professional, in order that it be implemented and applied; likewise, he shall communicate the result of the action taken to the regional offices of the Inspector's office to which it corresponds in order that these, once the investigation is concluded, inform the complainants.

The Inspectors shall not discuss with the officials of the courts and judges or their auxiliary personnel about their judicial visit, accrediting only their representation and the reason for it.

The Inspectors shall meet periodically at least quarterly, in order to plan and guide the work, study common problems related to the fulfillment of their duties and seek concrete solutions to them.

The Inspectors shall maintain strict confidentiality in the development of their functions. It is prohibited for them to make use of or take advantage of the information that is gathered for purposes other than those contemplated in this Regulation. Those who violate this prohibition shall incur in responsibility.

The travel allowances assigned to the Inspector General, the Assistant Inspector and the Regional Inspectors, shall be calculated based on those established for the Judges of the Courts of Appeals; and those for Court and Tribunal Inspectors based on those of the Judges of Letters.

The interpretation and application of the law carried out by the Judges and Magistrates in the exercise of their jurisdictional function may not be subject to approval, censure or correction by reason of or as a consequence of acts of inspection or investigation.

The inspectors are authorized to appear in the Property Registries in accordance with the Inspector General of Property Registries to the extent required by their investigations.

This Regulation shall enter into force as of the date of its approval by the Supreme Court of Justice and must be published in "La Gaceta", Official Gazette of the Republic.