Law of the Judicial Council and the Judicial Career

The purpose of this law is to regulate the scope of competence, organization, reach, and powers of the Council of the Judiciary and all matters pertaining to the Judicial Career System.

The Council of the Judiciary and Judicial Career, hereinafter THE COUNCIL, is the constitutional governing body of the Judicial Branch, with functional and administrative autonomy and independence, with headquarters in the Capital of the Republic and competence at the national level, subject only to the Constitution and the Law.

The Council has the following powers:

• a)

  To organize and direct the Judicial Branch financially and administratively;

• b)

  To administer all financial, material, and human resources of the Judicial Branch;

• c)

  To appoint and remove Magistrates of Courts of Appeals and Judges, as well as other judicial officials and auxiliaries, administrative and technical personnel;

• d)

  To evaluate periodically and provide continuous training to Judicial Career officials and other personnel;

• e)

  To exercise disciplinary authority over members of the Judicial Career and other judicial officials and auxiliaries, administrative and technical personnel;

• f)

  To direct and administer the Judicial Career, the Judicial School, and the Court Inspectorate;

• g)

  To prepare the Annual Budget Project of the Judicial Branch jointly with the Supreme Court of Justice and submit it through its President to the National Congress;

• h)

  To publish the Judicial Gazette;

• i)

  To appoint and manage the movement of administrative and technical personnel of the organs of the Council of the Judiciary and Judicial Career;

• j)

  To prepare and approve the Regulations necessary for the performance of its powers, as well as the guidelines for their implementation;

• k)

  Those others conferred by the Constitution and applicable Laws and any other, complementary or analogous, that is deemed necessary for the proper performance of its obligations. For the performance of its functions, the Council shall have the auxiliary dependencies indicated in this Law, which shall be under its direction and subject to its decisions. CHAPTER II ON THE COMPOSITION AND FUNCTIONING

The Council is composed of five (5) principal Councilors and two (2) alternate members as follows:

• a)

  The President of the Supreme Court of Justice, who shall preside over it;

• b)

  Two (2) representatives of the associations of Judges;

• c)

  One (1) representative of the Bar Association of Honduras;

• d)

  One (1) representative of the National Association of Employees and Officials of the Judicial Branch. The nomination of candidates for councilors shall be submitted to the National Congress, after a convocation held by the National Congress indicating the proposals, in the case of proposals, with the exception of the associations of judges that together must submit a list of fifteen (15) candidates. The selection shall be made in assemblies convoked by the heads of each institution. From these lists the National Congress shall elect the two (2) alternate members. The candidates for councilors proposed in accordance with this Article must be examined by a Special Commission of the National Congress in public hearings; the Commission shall send through the Secretariat to the Plenary of the National Congress the list of those who in its judgment are eligible. The Plenary of the National Congress shall elect by qualified majority the councilors who shall take their oath before it.

The President of the Council has the following functions:

• a)

  The legal representation of the Council;

• b)

  To convoke and preside over the sessions of the plenary of the Council; and,

• c)

  The others attributed to him in this Law, its Regulation, and Agreements issued by the Plenary of the Council of the Judiciary. The Council shall elect a Vice President who shall substitute for the President in his absence, and shall likewise call the alternate members to fill vacancies.

The members of the Council shall serve a term of five (5) years, and may be re-elected only once, with the exception of the Magistrates of the Supreme Court of Justice who shall not serve longer than the constitutional period for which they were elected. Councilors who perform functions in the Judicial Branch or another institution of the State shall be granted official leave, and once their term concludes they shall return to the exercise of their previous office.

Councilors shall cease in their offices in the following cases:

• a)

  Completion of the term of functions;

• b)

  Justified resignation, submitted to the National Congress of the Republic;

• c)

  Death;

• d)

  Loss of Honduran citizenship;

• e)

  Physical or mental incapacity that occurs subsequently, properly accredited before the Council;

• f)

  Subsequent incompatibility;

• g)

  Final conviction for the commission of a willful crime; and, h) Final conviction in a liability trial arising from the exercise of his office. In such cases the alternate shall assume the office in accordance with what is established in Article 5 of this Law, except in the case of the President of the Supreme Court of Justice, whose election shall be carried out in accordance with the Constitutional procedure.

To be a member of the Council the following are required:

• a)

  Honduran by birth;

• b)

  A citizen in the enjoyment and exercise of his rights;

• c)

  A university professional;

• d)

  At least thirty (30) years of age;

• e)

  Of recognized honorability and probity duly proven; and,

• f)

  To have served in a judicial office for five (5) years or to have served in university teaching in the field of Law for ten (10) years.

The activity of Councilors is incompatible with:

• a)

  The exercise of any other public, administrative, or union office, paid or unpaid;

• b)

  The performance of directive functions in political parties;

• c)

  The exercise of any paid profession, with the exception of teaching, scientific research, or literary, artistic, or scientific production.

The following cannot be appointed Councilors: a) Persons within the degrees of kinship recognized by Law with the Magistrates of the Supreme Court of Justice or with the Presidents of the other branches of the State, nor be contractors of the Judicial Branch; and, b) Those who have any of the constitutional inabilities to be a Magistrate of the Supreme Court of Justice.

The Council shall meet ordinarily at least once a week, on the day and time it designates, and extraordinarily when its President so orders. It may also do so at the request of two (2) Councilors to address urgent matters. Notice for ordinary sessions shall be given with at least forty-eight (48) hours in advance, and must include the draft agenda to be addressed. For extraordinary sessions only matters included on the agenda may be considered, except by unanimous agreement of those present. For the valid establishment of the Council, the presence of four (4) of its members is required, and for the adoption of its decisions the favorable vote of the majority of the Councilors present is required; and in case of a tie in votes, the matter shall be discussed and voted on once more, and if no agreement is reached, the President or his substitute shall have a deciding vote. No Councilor shall be permitted to abstain from voting.

No Councilor may be present in Sessions in which matters are deliberated in which he has a direct or indirect interest or in which any of his relatives have such interest within the fourth degree of consanguinity or adoption, or the second degree of affinity, the spouse or a person with whom he has cohabited maritally and with whom he is related as a partner, shareholder, or who in any form participates.

The Council shall guarantee in the adoption of its resolutions respect for due process, safeguarding the right to the principles of legality, defense, hearing, and contradiction. Except in cases where another procedure is expressly established, against the resolutions of the Council that end a determined procedure, a motion for reconsideration may be filed, duly reasoned within the ten (10) business days following notification. The Council shall resolve within the five (5) business days following the filing of the motion, and what it resolves may end the administrative remedy, being able the interested party to appeal to the Contentious-Administrative jurisdiction or assert their claim. CHAPTER III ON THE ORGANIZATION OF THE COUNCIL

In the performance of its functions the Council of the Judiciary shall be assisted by the following dependencies:

• a)

  General Secretariat;

• b)

  Department of Human Resources;

• c)

  Administrative and Financial Department;

• d)

  Judicial School;

• e)

  Such other dependencies as the Council itself resolves to create.

The Directors and Sub-Directors of the different organs that depend on the Council of the Judiciary shall be appointed through public and transparent selection processes. Such directors and sub-directors shall meet the following requirements:

• a)

  To be Honduran;

• b)

  To be in the enjoyment of civil and political rights;

• c)

  To be at least twenty-five (25) years of age;

• d)

  To hold a university degree corresponding to or related to the function to be performed;

• e)

  To accredit professional experience in said field of more than five (5) years;

• f)

  To be of recognized probity;

• g)

  Not to be a relative within the fourth degree of consanguinity or adoption, or the second degree of affinity, with the Magistrates of the Supreme Court of Justice, the Presidents or Vice Presidents of the branches of the State, or the members of the Council of the Judiciary; and,

• h)

  Those who are representatives at any level of a religious organization shall not be considered.

The positions mentioned in the preceding article shall be subject to the same regime of incompatibilities and prohibitions established for the Counselors.

The organizational structure and functions of the organs dependent on the Judicial Council shall be established by it through the corresponding regulations.

The General Secretariat is the executive and coordination office to which, under the direct supervision of the President of the Council, it corresponds to:

• a)

  Communicate to the members of the Council the convocations for sessions of the Plenary, accompanied by the agenda and corresponding documentation;

• b)

  Attend the sessions of the Plenary with voice and without voting rights;

• c)

  Archive and custody the minutes books of the Council and exercise the notarial function therein;

• d)

  Send to the organs dependent on the Council the communications necessary for compliance with its agreements;

• e)

  Act as a means of communication between the Council and its dependencies; and,

• f)

  Coordinate the actions of the different dependencies and services of the Judicial Council. An Assistant General Secretariat shall assist in the better performance of the functions that correspond to it. Its holder must meet the same requirements and shall have the prohibitions and impediments established for the General Secretary.

The Human Resources Directorate is the technical office in charge of the execution of improvement strategies of the Council oriented toward the systems of Judicial Career, Administrative Career, Performance Evaluation, and Disciplinary Regime. Under its authority shall function the offices that are organizationally arranged by regulation in order to give compliance to the systems described above.

The Administrative and Financial Directorate is the technical office in charge of the administration of material, economic, and financial resources of the Judicial Branch. Under its authority functions the Payroll Office, the Administrative Sub-directorate, the Planning and Budget Sub-directorate, and the Financing Sub-directorate.

The Judicial School is the technical office in charge of the design and implementation of programs of professionalization, training, and formation of personnel integrated in the Judicial Career and the administrative career of the Judicial Branch, as well as the competencies that in matters of selection and initial formation of both careers are established in this law and the regulations that develop it. It shall also develop systems of evaluation of competency and performance, whose results shall be sent to the Council for it to apply the appropriate corrective measures which may extend to the sanction of dismissal if the official or employee does not satisfactorily pass the measurements.

In order to fulfill its objectives, the Judicial School shall be organized based on the needs of formation in the different jurisdictional areas. In the definition of judicial formation policies the opinion of judges and magistrates must be taken into account.

The General Inspectorate of the Judicial Organs is the technical office independent of the Council, in charge of the inspection and verification of the administrative functioning of the courts and appellate courts of the Republic and of the personnel under its charge. Its organization, the exercise of its activity, and other functions shall be established in a Regulation. The holder of the General Inspectorate of the Jurisdictional Organs must comply with the same requirements demanded to be a member of the Judicial Council, to whom the same provisions apply regarding their selection, duration in office, and other provisions applicable to Counselors. The Titular Inspector and the Assistant Inspector shall be appointed by the National Congress from a slate of five (5) nominees for each of the positions proposed by the Judicial Council, and they shall have functional independence.

The General Inspectorate of Jurisdictional Organs shall carry out its activity in order to guarantee the proper functioning of these, excluding from its attributions the inspection of the scope and content of judicial decisions, against which only procedural remedies are available. Likewise, inspection cannot comprise the privacy of judges, that is, the space of cultural, social, religious, and political freedom of the same. The inspection work has the purpose of the verification and control of the functioning of the services of the Administration of Justice and of the compliance with the duties of the judicial personnel, identifying their respective deficiencies, weaknesses, and strengths, all of this in pursuit of their improvement. Equally, the activity of inspection and its results shall be carried out with absolute transparency with respect to the persons who have requested their inspection or who are subject to inspection, and they shall have access at all times to the corresponding file. The Inspectorate must conduct studies and investigations of the assets of Judges to determine whether they are equivalent to the income they legally earn. For such purposes, it may be assisted by the National Commission of Banks and Insurance (CNBS), the Institute of Property (IP), and other offices that may be necessary. TITLE II OF THE JUDICIAL CAREER CHAPTER I GENERAL PROVISIONS

This Title has the purpose of establishing the principles that govern the Judicial Career System with the purpose of guaranteeing the admission, permanence, and protection of judicial servants, with strict adherence to criteria of merit, capacity, and fitness, as well as ensuring their professionalization through systematic training and evaluation, stability, removal immunity, and independence, as the case may be, all of this with a view to ensuring the highest levels of efficiency, effectiveness, impartiality, responsibility, transparency, and morality in the administration of justice.

The Judicial Career System is integrated with the servants of the Judicial Branch and is composed of two (2) subsystems: a) Jurisdictional, which comprises magistrates of appellate courts, law graduates, assistants of appellate courts, judges, reporters, public defenders, secretaries, bailiffs, and jurisdictional auxiliaries; and, b) Administrative, which comprises all personnel working in the different administrative organs and dependencies and those who exercise administrative functions in jurisdictional organs.

The direction, governance, and administration of the Judicial Career is the exclusive competence of the Council. However, the right exercised by associations of judges, magistrates, and other employees of the Judicial Branch is recognized to make complaints and submit written proposals in defense of the professional interests of their associations, and to participate in a stable and regular manner in those decisions of the Council related to the determination of their employment conditions. The exercise of this right must be respected, promoted, and guaranteed by the Council. Nevertheless, judges, magistrates, and other auxiliary personnel of the jurisdictional function may not suspend work or organize any movement that impedes in any form the effective administration of justice, under penalty of the corresponding disciplinary sanction.

Removal immunity pursuant to the provisions of this Law and its Regulation shall cause the absolute nullity of the act of appointment, removal, or any type of modification of the status of service of the judicial servants. Nullity shall also result in responsibility of those who participated in the making of the corresponding decision. Any appointment made in contravention of the provisions of this Law and its Regulation shall not grant any right to the person who has obtained it.

The selection processes for admission to the Judicial Career shall be carried out in accordance with the procedures and requirements established for each of the categories that make up the subsystems. Excepted are the appointments that exceptionally must be made internally or for emergency purposes, which shall be subject to the provisions established for such purposes.

Those who meet the requirements established for the different positions that comprise the Jurisdictional Subsystem must overcome the selection tests that the Council convokes for such purposes. Both the convocation and the selection tests shall be developed in accordance with the norms, phases, and procedures established in this Law, its Regulations, and the Recruitment and Selection Manual. They cannot be judges or magistrates:

• a)

  Those who suffer from any physical or mental condition that prevents or significantly limits the capacity required for the proper performance of the position;

• b)

  Those who have reached the age of seventy-five (75) years;

• c)

  Those who have been legally suspended or disqualified from holding public office, performing notarial work, or practicing the profession of Law;

• d)

  Those who have been removed from a court or magistracy for any legal cause; and,

• e)

  Those who, by a final judicial resolution, have outstanding accounts with the administration or public powers.

In each call for applications, the Council shall indicate the maximum number of positions to be filled, the deadline and place for submission of applications, and the requirements required for their admission. The calls shall be published prominently in written and spoken media with broad coverage and circulation in the country, as well as on the website of the Judicial Branch and any other digital or electronic means.

Applications to participate in competitions shall be submitted on the form that the Council shall approve for this purpose and that the Judicial Personnel Department shall provide free of charge to interested parties. Applications shall be accompanied by the applicant's curriculum vitae and copies of titles and documents proving the merits alleged, in accordance with applicable legal provisions. Applications shall be submitted to the Council or to the body it designates within the deadline specified in the corresponding call. Those submitted after the deadline shall not be admitted.

The selection process shall be conducted by a Selection Board appointed by the Council for each call for applications. The Board shall perform its functions with absolute independence, apoliticism, objectivity and impartiality and shall be responsible for the direction and management of the entire qualification and selection process for which it has been convened.

The Selection Boards shall be composed of:

• a)

  Three (3) Council members appointed by the Plenary of the Council, one of whom shall serve as president and shall be replaced in accordance with the order of precedence established by the Council;

• b)

  One (1) appellate court magistrate appointed by the Council from among proposals from such courts or magistrates who self-nominate for such purpose;

• c)

  One (1) Judge of First Instance or Justice of the Peace, appointed at the proposal of associations of judges or judges who self-nominate for such purpose;

• d)

  One (1) professor from any of the Law Faculties existing in the Republic, chosen by the Council from among the slate submitted by the respective faculties through the Council of Higher Education; and,

• e)

  One (1) professional appointed by the Council based on a slate proposed by civil social organizations working in the justice sector and human rights.

The Selection Boards shall be validly constituted with the presence of at least five (5) of its seven (7) members. Their decisions shall be adopted by majority vote; in case of a tie in the voting, it must be submitted to a second vote, and if the tie persists, the President shall have the deciding vote.

The selection process shall be developed in accordance with the following phases:

• a)

  Curriculum evaluation;

• b)

  Psychometric Tests, Labor Investigation and Socioeconomic Analysis; and,

• c)

  Theoretical and Practical Knowledge Tests. Each phase or stage of the selection process shall be conducted in accordance with the provisions of the Regulation of this Law and the Recruitment and Selection Manual.

Once the stages or phases indicated in the preceding article have been completed, those appearing on the list of approved or eligible candidates shall remain awaiting to be called for their appointment, in order of precedence. Once the appointment has been made, they shall be incorporated into the Judicial Scale of Judges and Magistrates, immediately after the last one who has acceded to that category.

To be a Justice of the Peace, the following are required:

• a)

  To be Honduran;

• b)

  To be over twenty-one years of age;

• c)

  To be a Licensed Attorney; and d) Not to be included in any of the cases provided for in article 30, above; e) To be of recognized honorability. The concurrence of the foregoing requirements and causes shall be valued as of the date on which the deadline established for the submission of applications in the respective competition expires, and likewise at the moment of making the appointment.

Of every four vacancies that occur in the category of Judges of First Instance, three (3) shall be filled by strict promotion of Judges of the Peace who meet the requirements of being over twenty-five years of age, who have seniority in the Judicial Career exceeding three (3) years, and who respond to the call for an internal and public competition held by the Council. For promotion, the following shall be taken into account, in their order: greatest seniority in said career, valued at forty percent, approval of theoretical and practical examinations valued at thirty percent (30%), and the result obtained in the performance evaluation, valued at the remaining thirty percent (30%).

The fourth remaining vacancy occurring in the category of Judge of First Instance shall be filled through an open and public competition. To compete in it, the following are required:

• a)

  To be Honduran;

• b)

  To be over twenty-five (25) years of age;

• c)

  To hold the title of Attorney duly licensed;

• d)

  Not to be in any of the cases provided for in article 30, above;

• e)

  To accredit a minimum of five (5) years of effective professional practice in any legal discipline or as an aide to a judicial body; and,

• f)

  To be of recognized honorability. The concurrence of the foregoing requirements and causes shall be valued as of the date on which the deadline established for the submission of applications in the respective competition expires, and likewise at the moment of making the appointment.

To enter directly in the category of Judge of First Instance, applicants who meet the requirements listed in the preceding article shall submit to the selection tests that the Council convenes for this purpose. The Council shall establish, by regulation, the qualification criteria for the merit competition phase, the content and program of the examinations, the theoretical and practical tests, and the duration and content of the training that the pre-selected candidates shall receive at the Judicial School.

Vacancies occurring in the category of Magistrates of Appellate Courts shall be filled by strict promotion among Judges of First Instance who meet the requirements of:

• a)

  To be Honduran by birth;

• b)

  To be a citizen in the enjoyment and exercise of rights;

• c)

  To be over thirty-five (35) years of age;

• d)

  To be a duly licensed Attorney;

• e)

  To have seniority exceeding five (5) years in the Judicial Career; and,

• f)

  Not to be considered representatives in any degree of a religious representation. For promotion, the following shall be taken into account, in their order: greatest seniority in said career, valued at forty percent, approval of theoretical and practical examinations valued at thirty percent (30%), and the result obtained in the performance evaluation, valued at the remaining thirty percent (30%).

It is the responsibility of the Council, in coordination with the Human Resources Department, to exercise the functions of initiative, decision and appointment in relation to the promotions of Judges of First Instance and Appellate Court Magistrates, for which it shall proceed with strict adherence to the promotion criteria established in this law. Promotions are voluntary; therefore, they are carried out through internal competitions. Exceptionally, a promotion by service necessity may be made, but due process must always be guaranteed to the interested party. SECTION III ADMINISTRATIVE SUBSYSTEM FOR ENTRY INTO THE ADMINISTRATIVE SUBSYSTEM

Those who meet the requirements established for the different positions that make up the Administrative Subsystem shall pass the selection tests that the Council convenes for this purpose.

Once the stages or phases indicated in Article 36 have been completed, those appearing on the list of approved or eligible candidates shall remain awaiting to be called for their appointment by the Council. CHAPTER III THE STATUTE OF EMPLOYEES AND OFFICIALS INTEGRATED IN THE JUDICIAL CAREER SECTION I INDEPENDENCE OF JUDGES AND MAGISTRATES

All natural and legal persons, whether national or foreign, and all State institutions are obligated to respect the independence of Judges and Magistrates.

If a Judge or Magistrate considers themselves disturbed or interfered with in the exercise of their functions as a consequence of acts of truthful manifestation by any person, civil or military authority, they shall promptly notify the Council, who shall provide them with the protection deemed necessary and shall carry out the acts that result in the cessation of the reported disturbance. For this purpose, the State security bodies shall be obligated to comply with the requests made by the Council for this purpose.

In the performance of their functions, Judges and Magistrates are independent. Consequently, no authority or official of any Power of the State may give them instructions regarding the interpretation and application they make of the Law to the specific case.

All public institutions, natural and legal persons, are obligated to provide the collaboration required by the courts in the legitimate exercise of their jurisdictional functions, with no exceptions other than those established by the Constitution and the laws. Likewise, they are obligated to respect and, as applicable, to comply with final sentences and other firm judicial resolutions.

Judges and Magistrates shall have guaranteed their economic independence through remuneration adequate to the dignity of the jurisdictional function and to the regime of incompatibilities and dedication required, annually updated according to the increase in the cost of living. SECTION II ON REMOVAL FROM OFFICE

Peace Judges, Trial Judges, and Magistrates of Courts of Appeals enjoy removal protection. Consequently, they may not be transferred, dismissed, separated, or suspended from the office to which they have been appointed, except for the causes and through the procedures established by Law. The same right shall be enjoyed by other employees and officials of the Judicial Branch except solely for provisional or internal appointments referred to in this Law and those holding positions of trust in accordance with what is established in the Regulation of this Council Law and the respective Administrative Position Classification Manual.

The status of judicial employees or officials shall be lost for any of the following causes:

• a)

  By loss of Honduran nationality;

• b)

  By voluntary resignation from the Judicial Career;

• c)

  By supervening permanent incapacity;

• d)

  By transition to passive labor status through retirement;

• e)

  By the application of a disciplinary sanction that entails definitive expulsion from the Judicial Career; and,

• f)

  By final conviction for the commission of a willful crime.

The status of judicial employees and officials shall be suspended in the following cases:

• a)

  By supervening temporary incapacity;

• b)

  By an arrest warrant issued for a crime; and,

• c)

  When the Council has so agreed, provisionally or definitively, for disciplinary reasons. As soon as it is proven, to the satisfaction of the Council, that the cause giving rise to the suspension has definitively ceased or does not exist, or the judicial official or employee shall reassume their position, with rights and their salary, bonuses, or any other benefit not received in the event that the suspension was found to be improper.

The declaration of supervening incapacities and retirements shall be declared by the institution of social security or prevision that corresponds at the request of the interested party or the Council, according to what the respective regulation determines.

The position of judge or magistrate is incompatible with:

• a)

  Any position of popular election or that implies participation in political activities;

• b)

  The performance of other salaried public or private employment or positions, except those of a teaching nature or that have to do with legal research, the performance of ad hoc diplomatic functions, or with literary, artistic, scientific or technical production, which has been previously qualified and authorized by the Council;

• c)

  The free practice of the legal profession, law practice, notary, procuration, or any type of legal advice;

• d)

  The status of minister of any religious worship;

• e)

  Professional management of others' business, or with the direction or oversight of commercial companies, whether carried out personally or through an intermediary; and,

• f)

  Any other activity, public or private, that, after qualification by the Council, jeopardizes the objectivity, impartiality, and independence in the performance of jurisdictional functions.

Spouses or persons united by an analogous relationship and relatives within the fourth degree of consanguinity, or second degree of affinity, may not be holders or associates in the same court, be part of the same appeals court, or serve in an organ that must hear appeals against resolutions issued by another that is served by a judge or magistrate with whom they have the aforementioned ties.

Judges and magistrates may not:

• a)

  Have active affiliation in a political party or in a union, nor declare themselves on strike;

• b)

  Participate in political activities of any kind, except the act of casting their personal vote;

• c)

  Reveal information of which they have knowledge by reason of office;

• d)

  Make statements to the social communication media about matters of which they have known or are knowing in the exercise of their jurisdictional functions;

• e)

  Those who fail to comply shall incur disciplinary, civil or criminal responsibility as applicable.

Without prejudice to the incompatibilities and prohibitions established in this section, judges and magistrates shall enjoy the freedoms of expression, beliefs, and assembly, preserving in their exercise the dignity of their functions and the integrity, impartiality, and independence of the jurisdictional function. Likewise, judges and magistrates have the right to form associations aimed at defending judicial independence, representing their interests, and promoting their professional training. SECTION III ON THE RESPONSIBILITY OF JUDGES AND MAGISTRATES SUBSECTION FIRST ON CRIMINAL RESPONSIBILITY

Judicial officials and employees are responsible for crimes and misdemeanors they commit, whether they commit them on the occasion of the exercise of their functions or outside that scope.

The competence for hearing criminal cases filed against judges or magistrates for crimes committed in the exercise of their functions is governed by the Criminal Procedure Code, all of this without prejudice to what is provided regarding the preliminary investigation regulated in the same legal text. In any case, judges and magistrates may not be subject to personal or home searches, except by order of a competent judge, except in cases of flagrant crime. Such searches shall be immediately reported to the Council and to the competent judge at whose disposal the detained person shall be placed without delay. SUBSECTION SECOND ON CIVIL RESPONSIBILITY

Judges and magistrates shall respond jointly with the State for civil damages and losses caused when, in the performance of their functions, they infringe the laws due to fraud, negligence or inexcusable ignorance. THIRD SUBSECTION ON DISCIPLINARY RESPONSIBILITY

The disciplinary responsibility of Judicial Employees and Officials shall be deduced following the procedures established in this Subsection and in all cases with respect to the principles that inform due process. The interpretation and application of laws made by judges and magistrates in the performance of their functions may in no case be subject to disciplinary correction.

The infractions that generate disciplinary responsibility to employees and officials are classified as serious, less serious and minor, in accordance with the classification that is established for this purpose in the respective regulation of this Law.

The sanctions for the respective infractions shall be established in the Regulation of this Law.

For the purposes of the provisions in the preceding articles, the sanctions imposed must maintain proper proportion with the gravity of the infraction and with the disciplinary record of the sanctioned party. Likewise, consideration shall be given to the performance evaluation of the official, prior to the commission of the fault.

The infractions committed by judicial employees and officials shall prescribe in six (6) months, if they are serious and less serious infractions, and in forty-five (45) days, if they are minor infractions. These periods shall be counted from the day following the date on which notice is given of the commission of any of the infractions provided for in the respective regulation, both in the Judicial Council and in the General Inspector of Courts. The prescription shall be interrupted from the date of initiation of the corresponding disciplinary file; however, it shall resume if such file remains paralyzed during these (6) months for reasons not attributable to the judge or magistrate subject to it.

The sanctions imposed for serious and less serious infractions shall prescribe in six months and those imposed for minor infractions, in three months. Both periods shall run from the day following the date on which the corresponding resolution becomes final.

The competence for the imposition of disciplinary sanctions on judicial employees and officials corresponds to the Council. The disciplinary procedure shall be initiated as soon as notice is given of the commission of any of the infractions provided for in this Subsection. The Council shall act on its own initiative, as a result of a report submitted from the inspection and evaluation systems or by complaint from any citizen and shall proceed in accordance with what is established in the respective regulation. If the sanction is not applied due to negligence of the Judicial Council, the corresponding responsibilities must be deduced from its members.

Against the resolution issued in application of the disciplinary procedure, the affected party may file a motion for reconsideration within three (3) days from notification, which shall put an end to the administrative route, leaving open the jurisdiction of the Administrative Contentious Court. The Council shall provide what is necessary for notification of the resolution to the interested party, as well as for the execution of the imposed sanction, as soon as it becomes final. TITLE III FINAL AND TRANSITIONAL PROVISIONS

The institutions and organizations referred to in Article four (4) shall accredit their respective representatives before the National Congress, no later than three (3) months from the entry into force of this Law; likewise, within the last six (6) months before the expiration of the period for which they were elected, they must have accredited before the State Power the Representatives for the next five (5) years. In the event that they are not properly sworn in and in possession of their positions, the previous councilors shall continue in office. Within the maximum period of one year counted from the installation of the Council, it shall prepare and approve the regulations and manuals necessary for the functioning of its organs and dependent services, consisting of inspection, judicial career ladder, inspection of courts and judicial school, likewise adopting the measures necessary for them to be able to perform their functions in the manner provided for by this law, which prior to their approval shall be socialized with the interested parties.

During the first two (2) years of the installation of the Judicial Career Council, judicial employees and officials whose admission was made two (2) years before the entry into force of this law, without having participated in a selection or opposition process whether by knowledge of records, as the case may be, shall remain in their positions and shall be subject to the training and evaluation that the Council has agreed to and carried out, processes in which both professional experience and theoretical knowledge shall be evaluated. Those who exceed these processes, in the positions that make up the jurisdictional subsystem, shall be placed on the ladder by strict seniority in the performance of their functions and in case of equality by reason of age, remaining in their respective positions. After the period referred to in the preceding paragraph has expired, only those who have successfully exceeded the selection or opposition processes whether by knowledge of records in which both professional experience and theoretical knowledge shall be evaluated shall continue in their positions, now forming part of the Judicial Career. Those who exceed these processes, in the positions that make up the jurisdictional subsystem, shall be placed on the ladder by strict seniority in the performance of their functions and in case of equality by reason of age, remaining in their respective positions.

Those who do not exceed the training and evaluation processes referred to above, or those who opt for voluntary separation from service, shall be separated from their positions with full recognition of the rights and labor benefits that correspond to them in accordance with the provisions of the Judicial Career Law.

In the event that within the period established in the preceding provisions, it is not possible to fill the vacancies that occur in the manner established in this law, the Council, after verification, may authorize that such vacancies that occur be filled temporarily for a period not exceeding six (6) months.

What is not provided for in this Law shall be resolved by the Council based on the provisions of laws and regulations of special career regimes, applying the principle of the most favorable norm for the judicial servant.

The Judicial Career Law of 1980, contained in Decree 953 of Retina June 18, 1980, as well as its respective Regulation and the Internal Regulation of the Judicial Career Council, both of 1988, are hereby repealed. Nevertheless, the acquired rights of Employees and Officials of the Judicial Branch in effect prior to this Law are recognized. Likewise, investigation processes that have been initiated before the entry into force of this Law shall be known by the inspection office and shall be resolved in accordance with the Law in effect at the time of their origin.

This Decree shall enter into force twenty (20) days after its publication in the Official Journal La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of November of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., November 25, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF THE INTERIOR AND POPULATION. CARLOS ÁFRICO MADRID HART