Puerto Rico: The House of Representatives votes on judicial reform which would eliminate municipal judges

What the Text Provides

Noticel indicates that the project would repeal the Judicature Law of 2003 and eliminate the category of municipal judges. It sets up a three-level organization:

- The Supreme Court, with its 11 members;

- An Appeals Court of 39 judges;

- A First Instance Court of 338 superior judges.

The central change would be a shared management model. The plenary session of the Supreme Court would have the power to adopt the administrative regulation of the Judicial Branch, jointly with the chief judge. This would modify the current distribution of administrative powers.

Supporters and Opponents at the House

Sigfrido Steidel, administrator of the Office of Court Administration, warned during a public hearing that this model would significantly reduce the authority of the chief judge. According to him, the latter would become merely an executor of plenary session decisions.

José "Che" Pérez Cordero, who chairs the legal committee, responds that the goal is to distribute administrative powers among members of the Supreme Court. According to him, the chief judge retains her prerogatives to administer the Judicial Branch. The House Speaker, Carlos "Johnny" Méndez Núñez, supports that the Legislative Assembly has the authority to review the functioning of the judicial power. He adds that the rules of the Supreme Court must be approved by the plenary session and implemented by the Office of Court Administration.

On the opposition side, Héctor Ferrer Santiago, spokesperson for the Popular Democratic Party, estimated that the law upsets the constitutional order of the Supreme Court. Adriana Gutiérrez Colón, from the Puerto Rican Independence Party, also raised constitutional objections and warned against barriers to access to justice.

The Call for a Veto and Rivera Schatz's Response

According to Metro Puerto Rico, the chief judge of the Supreme Court, Maite D. Oronoz Rodríguez, described the final adoption of the project as a profound gravity for the constitutional order in statements authorized on October 22. She invited Governor Jenniffer González Colón to use her veto power.

The judge asserts that the project confers to the plenary session decisions essential to judicial administration, while leaving to the presidency the responsibility for the functioning of the system. She adds that the Judicial Branch has expressed its concerns to the Legislative Assembly for months without being heard. If legislators consider the distribution of responsibilities to be modified, the legitimate way would be a constitutional amendment submitted to the people.

The Senate President, Thomas Rivera Schatz, responded by expressing his respect for the magistrate and her function. He told her that if she truly believes the constitutional order is threatened, her duty is to contest the law in court when the dispute is ripe. He also noted that her public call for a veto comes at a time when the Supreme Court is seized with the government's complaint against LUMA Energy, which could, according to him, affect the "ethical design" of the judiciary. He further asked if other judges, from Appeals as well as First Instance, could speak in the same way, and affirmed that the dignity of silence is more persuasive than a cry.