He qualified vote of the president of the Republic and the National Council of the Judiciary (CNM), Luis Abinaderwas decisive in separating the Supreme Court of Justice (SCJ) to two of three judges who had completed the seven-year period and were evaluated last month.
According to the minutes with the motivations that the CNM for not ratify to the magistrates, the votes were four votes in favor about what Pilar Jimenez Ortiz and Moisés Ferrer Landrón will continue in the SCJand four votes against.
The president broke the tie and tipped the balance against them. The votes of the other members of the body are not made public in the minutes. The head of state understands what his decision was because the non-ratification, according to the document released over the weekend, was made because of “qualified majority of unfavorable votes“.
In the case of the judge Manuel Alexis Read Ortizof the eight votes, six were for will not continue being judge of the SCJ and there were only two in his favor.
In order not to confirm Red Ortiz, “the main consideration was given” to the proximity of his age to that of retirement, which is 75 yearsaccording to what is established by the Constitution of the Republic.
Pilar Jimenez Ortiz
In order not to confirm the president of the First Civil Chamber and Commercial SCJ, Pilar Jimenez Ortizthose who voted against him objected as “inappropriate” to the postponement of the application of Law 2-23 on Appeal of Cassation without Congress having provided a mechanism for this. During her interview, the judge explained that both she and the courtroom team considered that the legal community I was not prepared to apply the cassational interestin addition to the fact that some issues acted “against the court, the law and jurisprudence.”
Likewise, it was appreciated that, in the framework of his interview, he perceived insecurity regarding the equation quality/quantity around the issuance of sentences in the room he presides over. On the other hand, the councilors who favored her highlighted that she has maintained a exemplary performancesupported by his industriousness, institutional commitment and ability to jurisdictional management. They stressed that, under his direction, the First Chamber of the SCJ managed to overcome a historical accumulation of more than eleven thousand files.
Ferrer Landron
Most directors understood that the performance of Moisés Ferrer Landrón “did not satisfy” the technical aspects on the number of draft sentences prepared or approved and rejected by its court. Nor in what has to do with ethics and personal matters. Others highlighted that it did maintain an efficient and productive performance track record. They pointed out that he has been a speaker in more than 450 projects of decisions in the Second Chamber and has actively participated in the resolution of more than two thousand files in the Third Chamber, “evidencing a remarkable ability of work”.
According to article 33 of the Organic Law of the CNM, 138-11, to evaluate the performance of the judges of the SCJ, this body must take into consideration their integrity, public image, intellectual reputation, professional skills, capacity for analysis, industriousness, academic skills, attention and efficiency to assigned cases, and will have as a basis of support the performance reports presented by the presidents of the chambers on each member judge and those of the president of the SCJ on the presiding judges of each chamber. “and those of the president of the SCJ prepared by his peers.”
