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This Tuesday the names of the candidates for the shortlists were known, which must be made by both President Iván Duque and the Superior Council of the Judiciary, from which Congress will elect the new magistrates of the National Commission for Judicial Discipline, a body that disciplines to judges, lawyers and prosecutors. That commission had to replace, since 2016, the Disciplinary Chamber of the Judiciary, but only until this year did a decision of the Constitutional Court unblock that process.
However, the registration of candidates for the Commission did not close without surprises. Five of the 7 magistrates currently held by the questioned Disciplinary Chamber appeared on the Presidency list, as candidates for Duque to elect them in the three short lists that he must send to Congress.
(Also read: In the midst of controversies, tokens are moved to the end of the Disciplinary Chamber)
Being about the magistrates Magda Acosta Walteros, Carlos Mario Cano Diosa, Fidalgo Javier Estupiñán, Alejandro Meza Cardales and Camilo Montoya Reyes.
The five of them, along with justices Pedro Alonso Sanabria and Julia Emma Garzón, called ‘eternal’ magistrates because their legal periods have already passed for 4 years, which are 8 years, make up a room that has not only been questioned for having extended, despite its elimination in 2015 with the reform of the balance of powers, but due to a lack of transparency.
Further, the 5 are interim magistrates who were elected privately by the plenary chamber by the Disciplinary Chamber, and not by Congress, as required by law.
On the other hand, recently several of the magistrates of the Disciplinary Chamber were mentioned in complaints of sexual harassment that were disclosed by the Bucaramanga newspaper Vanguardia.
(You may be interested in: Abecé of the controversy of the two ‘eternal’ magistrates of the Judiciary)
In addition to the 5 names of the magistrates of this questioned chamber, the Presidency will have to analyze another 217 applications, since a total of 220 people sent their resume to be considered in the conformation of the three shortlists prepared by the President.
The list of all those registered, which you can consult here, will be published for 3 business days so that later, within the following 5 business days, observations and opinions of the citizens will be received on the applicants.
Between November 3 and 9, the Presidency will publish the shortlist, whom it will hear in an interview from November 10 to November 12. Finally, on November 13 the names of the ternates will be known, which will be sent to Congress.
(Also read: List of rules for choosing triads for a court that disciplines lawyers)
On the side of the Superior Council of the Judiciary (previously called the Administrative Chamber), the registration stage has also closed. That body received 367 names for the 4 triples that it must make up.
The list of all those registered will be published until October 26, to receive, until November 3, the concepts of citizenship.
#JudicatureReports📣The Superior Council of the Judiciary publishes below the list of the 367 applicants who registered for our public call to integrate the shortlist of magistrates of the National Commission of Judicial Discipline 👉🏽 https://t.co/5p9vcDHAQn
– Judicial Branch (@judicaturacsj) October 20, 2020
The Judiciary will publish its shortlist on November 5, and will listen to those candidates in public interviews until November 12. On November 17, its four shortlist will be formed.
In accordance with the decision with which the Constitutional Court unblocked the formation of the Judicial Discipline Commission last August, this must be formed before December 20 of this year.
(We recommend: Judicial Discipline Commission should be formed this year)
The reason why the Commission had not been able to conform so far is that the Council of State considered that there were errors in the public summons that the Judiciary and the Presidency had made for this purpose, and overthrew them.
However, the Judiciary filed a protection against that ruling and the appeal was reviewed by the Constitutional Court, which on August 27 of this year determined that, contrary to what was said by the Council of State, the public call did not require a statutory law .
Other Justice notes that may interest you:
–Judge grants conditional release to Jorge Noguera, former director of the DAS
–Farc requests the intervention of the Attorney General’s Office for the murder of ex-combatants
–Six men, convicted of the drug bus accident in Ecuador
JUSTICE
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