The Plenary of the Supreme Court of Justice, in its session number 26-2024, approved the modification of the Regulation that regulates the Committee of Ethical Behavior of the Judicial Branch. This is an instrument that seeks to strengthen the system of institutional integrity in the administration of justice, under the logic that a good ethical performance in the face of public service and responsible citizenship is a guarantee that supports prevention for moral shielding, and consequently avoids incurring in disciplinary offenses.
The regulations define the Ethical Behavior Committee as a body specialized in ethics and judicial integrity, in charge of applying, studying, promoting and disseminating the values, principles and guidelines established in the Code of Ethical Behavior of the Judicial Branch.The Plenary of the Supreme Court of Justice is in charge of the regulation according to the context of the regulation.
The Committee is composed of six (6) judges of the Supreme Court of Justice, elected by the Plenary of this high court at the proposal of the presiding judge, who will preside over it and is also responsible for making the proposal to this body of its other members. The functions of the Committee include receiving and resolving requests on ethical reproaches, providing answers to consultations formulated by judicial servants and making institutional and protocol recommendations to unify ethical criteria at the national level.
The regulations also establish four (4) Regional Consultative Commissions, which will act as collaborating entities of the Committee, whose governance role consists of promoting ethical values. These bodies will have the authority to act within their respective districts or in those where they are commissioned by the Committee to carry out specific actions; their function is always consultative and not deliberative.
The distribution of these commissions is based on the following premises: Central Region Commission, which includes the Judicial Departments of the National District and Santo Domingo; the Eastern Region Commission, which includes the Judicial Department of San Pedro de Macorís; the Northern Region Commission, which includes the Judicial Departments of Santiago de los Caballeros, La Vega, San Francisco de Macorís, Montecristi and Puerto Plata; and the Southern Region Commission, which includes the Judicial Departments of San Cristóbal, San Juan de la Maguana and Barahona.
Each of the Regional Consultative Commissions is composed of one (1) judge of the Supreme Court of Justice who presides over it, and four (4) judges of the Court of Appeals of the corresponding region, who are appointed by the Committee of Ethical Conduct, upon proposal of its president.
In the context of the aforementioned instrument, it is clearly established that the role of the Committee and the Regional Consultative Commissions is not one of sanctioning, but of prevention in order to create an effective environment of empowerment of judges and other judicial servants of both the Code of Ethical Conduct and the Ibero-American Code of Ethics, as part of a normative order that binds us as part of the Ibero-American Judicial Summit.
It should be noted that prior to the approval of these amendments, the draft regulations were published for public consultation for 15 working days, pursuant to the provisions of Articles 30 and following of Law No. 107-13 on the rights and duties of individuals vis-à-vis the Public Administration and Articles 1, 2, 3 and 23 of Law No. 200-04 on Free Access to Public Information, in order to guarantee the principles of transparency and citizen participation.
Finally, on October 17 of this year, the Plenary of the Supreme Court of Justice, after approving the aforementioned instrument, ordered the publication and dissemination of the new regulations in the official media, which will become effective 30 days after the date of this publication.
To consult the Regulations governing the Ethics Committee of the Judiciary, click herehere.