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law no 1817 law of December 22, 1997
HUGO BANZER SUAREZ PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law: LAW OF THE COUNCIL OF THE JUDICIARY
TITLE I GENERAL PROVISIONS CHAPTER I NATURE, SCOPE AND OBJECT ARTICLE 1.-(NATURE).-The Council of the Judiciary is the administrative and disciplinary body of the Judiciary.
ARTICLE 2.-(SCOPE OF APPLICATION).- The Council of the Judicature exercises its powers, with functional independence and administration throughout the national territory. It is based in the city of Sucre.
ARTICLE 3.-(OBJECT).-This law establishes the structure, organization and functioning of the Council of the Judiciary and the Administrative, Discipline, Human Resources and Regime Systems. Economic-Financial.
CHAPTER II COMPOSITION, DESIGNATION, RESPONSIBILITY
AND EESC OF FUNTIONS ARTICLE 4.-(COMPOSITION).
The Council of Judicature is chaired by the President of the Supreme Court of Justice and is composed of four members called the Directors of the Judicature.
In the event of an impediment or temporary absence of the President, it will be supplied by a counsellor in accordance with the Rules of Procedure. ARTICLE 5.-(REQUIREMENTS).- To be designated Counsellor of the Judicature is required:
To be Bolivian of origin and to be registered in the Electoral Registry.
To have title of Advocate in National Provision, with ten years of exercise
inot having been sentenced to corporal punishment, except for rehabilitation granted by the Senate, nor having any of the specifications or self-enforcement documents executed. ARTICLE 6.-(DESIGNATION).-The National Congress shall appoint the Board of Directors by two
thirds of the votes of the members present. For the designation of the Directors, for the purpose of the provisions of Article 68, Attribution 12 of the Constitution
Policy of the State, the Supreme Court of Justice, the Constitutional Court, the Ministry of Justice, the Faculties of The Law of the Universities and the Bar Association, may send candidates to the National Congress for consideration.
In addition, any person who meets the requirements required by law may apply. For this purpose, merit and background checks must be convened and carried out. ARTICLE 7.-(TITLE OF APPOINTMENT AND POSSESSION).-The titles of appointment of the
Directors of the Judiciary will be issued by the President of the National Congress, who will be sworn in to them.
ARTICLE 9.-(TERM OF OFFICE).-The Directors of the Judicature will perform their duties for an unextendable personal period of ten years, computable from their possession. They may not be re-elected but spent a time equal to the time they had exercised their mandate.
ARTICLE 10.-(INCOMPATIBILITIES AND PROHIBITIONS).- The function of the Counsellor of the Judicature is incompatible with the exercise of public office or private, administrative or trade unions, paid or not; and with the performance of managerial functions in political parties and organizations, associations, foundations, professional associations, commercial societies of any nature and with the exercise of the law.
The function of the Counsellor of the Judicature is only compatible with the university chair. ARTICLE 11.-(SUSPENSION).-The Directors of the Judicature will be suspended when it is handed down against
them prosecution in the trial of responsibilities for crimes committed to the exercise of their duties. For other crimes, when you dictate self-processing against you. ARTICLE 12.-(FUNCTION CESSATION).-
I. The members of the Judicature Board cease in their duties for:
Death;
Compliance with the period of duties;
Renunciation;
Physical or mental disability over-coming, duly proven;
Override incompatibility;
Condena by statement executed for common offenses;
Conviction by statement executed in the judgment of responsibilities. II. The cessation of duties or the vacancy in the office of Counsellor of the Judiciary, in the case of the number 3 will be known
by the National Congress, in the case of numerals 1, 2, 6 and 7 will be decreed by the President of the Council of the Judiciary and will immediately communicate to the National Congress. In the case of numerals 4 and 5, after verification by the Council of Judicature, the National Congress will be immediately known.
III. In all cases, the National Congress, after taking cognizance of the causes of cessation, shall proceed to the appointment of the new Counsellor within the maximum period of thirty days, in which case it shall be convened to the Extraordinary Congress, if any
CHAPTER III ATTRIBUTIONS
ARTICLE 13.-(ATTRIBUTIONS).- Subject to the provisions of Article 123 of the Constitution of the State, they are the powers of the Council of the Judiciary: I. FOR DEVELOPMENT AND PLANNING POLICIES:
Formulate and execute the development and planning policies of the Judiciary;
Plan, organize, direct, and control compliance with the Judicial Branch's objectives, policies, plans and administrative programs;
Create, move and delete courts, offices of the Royal Registry of Rights, Notaries of Public Faith and other administrative bodies in coordination with the Supreme Court of Justice, according to the needs of the service;
Develop and update statistics related to judicial activity;
Exercise all other The allocation of development and planning policies is geared to compliance. II. ON ECONOMIC AND FINANCIAL FIELD:
Develop the annual budget of the Judicial Branch according to the requirements of the organs that make it up;
Run the budget of the Judiciary, subject to rules of administration and control government;
Manage the economic and financial resources of the Judiciary, under the rules of the National System of Financial Management and Government Control;
Organize and implement the Operational Units of Administration in the Supreme Court and Judicial Districts;
Authorize and approve agreements or contracts of public works and services established in accordance with the Basic Standards of the System of Administration of Goods and Services;
Manage, process and execute international conventions that aim to improve the administration of justice;
Propose to the Honorable National Senate Fees for the provision of services of the Registry of Real Rights, Judicial Rights, Notary Services and other values, not being able to be applied without counting with the prior approval of the National Senate.
III. IN THE FIELD OF HUMAN RESOURCES:
Propose to the competent organs payroll of postulates to vacant posts of Ministers, Magistrates, Vocals, Judges and Secretaries, according to the System of Judicial Career;
Propose to the organs competent payroll for charges of Real Rights Registrars, Public Faith Notaries and all the support staff of the Judicial Branch, according to the personnel selection system;
To establish annually the policies and guidelines General planning in the area of human resources of the Judicial Career System, in function of the needs and requirements of the organs of the Judiciary;
Administer the Judicial Career Systems and the selection of personnel of judicial officers and administrative personnel;
Designate the executive staff and administrative Council of the Judiciary;
Designate two officials by the Department, who exercise the powers entrusted to them by the Council of the Judiciary according to a regulation.
IV. IN TERMS OF INFRASTRUCTURE:
Define and execute the policies of infrastructure and provision of goods and services of the Judiciary;
Obtain the necessary information to cover the requirements of the Judiciary;
To contract the construction, improvement and maintenance of the physical infrastructure of the Courts and Courts, as well as to provide the necessary furniture and equipment according to the basic norms of the system of procurement of goods and services services;
V. IN DISCIPLINARY AND CONTROL MATTERS:
Exercise disciplinary authority over Vocals, Judges, Support Personnel and Administrative Officers;
Delegate disciplinary functions to the judicial authorities, as provided for in the by this Law;
Conduct periodic administrative and disciplinary inspections of the Courts, courts and administrative bodies to verify the performance of their duties.
VI. ON REGULATORY MATTERS:
Develop, approve and modify regulations, and, if applicable, leave them without effect by absolute majority of votes;
Issue agreements and dictate resolutions. VII. IN THE AREA OF COORDINATION AND INFORMATION:
Coordinate actions leading to the improvement of the administration of justice with the other organs of the judicial branch, with the legislative branch, with the executive branch through the Ministry of Justice. Justice, with the Public Ministry and with other public or private organizations;
Maintain cooperative and information relationships with similar bodies in other countries;
Develop permanent information policies for knowledge public on the activity of the administration of justice;
timely, reliable, and orderly information to Magistrates, Ministers, Vocals, Judges and Officials;
Publish the Judicial and Constitutional Gacts, Books and Legal Journals;
Develop Statistics and Work Reports in coordination with the organs of the judiciary. VIII. Unconcentrate or delegate the privileges previously described in the Management Operating Units and Units when there is a justified need, according to regulation.
TITLE II COUNCIL ORGANIZATION
CHAPTER I
PRESIDENT ' S POWERS ARTICLE 14.-(ATTRIBUTIONS).- The President of the Council of the Judiciary has the following powers:
Fulfilling and enforcing this Law and the resolutions of the Plenary;
Convocation to ordinary and extraordinary sessions;
Chair the Plenary sessions;
Represent the Council in official acts. CHAPTER II
PLENARY SESSIONS OF THE COUNCIL OF THE JUDICIARY ARTICLE 15.-(SESSIONS).- The plenary sessions of the Council of the Judiciary will be ordinary and extraordinary.
The Plenary Session of the Council of the Judiciary shall be held at least once a week to meet and resolve the issues set on the agenda.
Extraordinary sessions shall be convened by the President or at the request of two members, at least with twenty-four hours in advance, in order to know matters which, because of their importance and urgency, must be resolved immediately. In these sessions, only the topics covered in the call can be dealt with.
ARTICLE 16.-(DECISIONS AND VOTES).-
The decisions of the Plenary Council of the Council of the Judicature establishing general rules 'Agreements' and those affecting individual legal situations shall be referred to as 'Sentences' and 'Resolutions'.
The decisions will be taken by the vote of the majority of the members of the Council Plenary. The President will only vote in case of a tie to settle the matter.
Council sessions will be lifted, as established
TITLE III ADMINISTRATIVE ORGANIZATION
CHAPTER I STRUCTURE AND FUNTIONS
ARTICLE 17.-(ADMINISTRATIVE ORGANS).-
They are organs. The Council of the Judiciary, Administrative and Financial Management, Judicial and Human Resources Services.
The Council of the Judiciary exercises administrative and disciplinary control over the Real Rights Records and Public Faith Notaries.
The Judicial Gazette and Judicial Press are operating under the direct reliance of the Council of the Judiciary.
The organizational structure will be established by regulation.
General Management is the executive and operational body of the Council of the Judiciary, exercises management, management and coordination functions with other dependent bodies.
It will be exercised by a General Manager appointed by an absolute majority of the votes of the Plenarian members of the Council of the Judicature, and must be a professional with an academic title to the subject.
The privileges of the Manager General rules will be laid down in the relevant regulation. ARTICLE 19.-(ADMINISTRATIVE AND FINANCIAL MANAGEMENT).-
Financial Management
as a technical body, is responsible for the economic and financial resources of the Judiciary. Under its dependence, the Treasury will function as a Treasury Unit and will be responsible for centralizing special resources as well as transfers from the General Treasury of the Nation.ARTICLE 20. (JUDICIAL).-The Management of Judicial Services is the technical organ responsible for providing direct support to the courts, through specialized technical services, non-permanent professional resources, Education to users and professional technical information to internal and external users of the Judicial Branch; as well as projects and policies aimed at the permanent improvement of justice services.
ARTICLE 21.-(HUMAN RESOURCES MANAGEMENT).-The Management of Human Resources is responsible for the administration of the functions of control, inspection and implementation of the Judicial Career and Personnel Selection Systems.
The Human Resources administration is the dynamic and open system that aims to ensure timely selection and maintenance. of the ideal personnel for all the organs of the Judiciary.
TITLE IV RESOURCES HUMANS
CHAPTER I JUDICIAL CAREER SYSTEM
ARTICLE 22.-(JUDICIAL CAREER).- The judicial career guarantees the continuity and immobility of the official in the performance of the judicial function. The Judicial Career is a system of recognition of merit and progressive accreditation of knowledge and legal formation, emerging from internal or external convocation processes that arise from the needs of the administration of justice, judicial activity and positions within the structure of the Judiciary.
ARTICLE 23. (REACH).- The Judicial Career comprises the Ministers, Vocals, Judges and Secretaries of the Courts.
ARTICLE 24. (STRUCTURE) I. The Judicial Career System comprises the following Subsystems:
Income;
Assessment and Stay;
Training and Training;
Information. II. The organization of the Subsystems will be set by Regulation.
ARTICLE 25. (REVENUE SUBSYSTEM)
The Sub-System of Income to the Judicial Career is the selection process that includes the stages of merit competitions, opposition exams and training courses.
Lawyers in the Subsystem will be able to participate in this Subsystem. free exercise of the profession, which meet the specific requirements laid down for each job. ARTICLE 26. (EVALUATION AND PERMANENCE AND JUDICIAL ESCALATION SUBSYSTEM).-
The Evaluation and Permanent Subsystem comprises the rules and procedures for evaluating the performance and promotion of judicial officers.
The evaluation is the process by which the performance of the judicial officer is compared to what is planned in terms of suitability and efficiency.
The promotion to a vacant place within the structure of the Judicial Branch, once carried out the merit contests and approved the opposition exams and the training courses in the Institute of Judicature, respecting the principles of advertising and equality.
The Judicial Escalafon is part of this Subsystem. ARTICLE 27. (TRAINING SUBSYSTEM).-The Subsystem of Training is the process of
continuing training and updating of judicial officers at the Institute of Judicature, which may also be accessed by those who wish to join The Judicial Race or those that have left the service active.
ARTICLE 28. (SUBSYSTEM OF INFORMATION).-The Information Subsystem comprises the collection, classification, processing and recording of all judicial, administrative and judicial information of the Judicial Police.
CHAPTER II SYSTEM OF STAFF SELECTION
ARTICLE 29. (PERSONNEL SELECTION).- The Personnel Selection System is the process of collecting and selecting suitable human resources, whose technical knowledge covers the requirements inherent in the administrative function.
ARTICLE 30. (REACH).- This System comprises the Managers, Notaries of Public Faith, Registrar of Royal Rights, Auxiliary and Officers of the Courts and administrative staff of support to the Judiciary.
ARTICLE 31. (STRUCTURE).-I. The structure of this System comprises the Subsystems of:
Income;
Evaluation and permanence;
Training and training. II. The evaluation and permanence subsystem shall comprise the evaluation and selection according to the periodicity to be determined by the Council of the Judicature by regulation.
ARTICLE 32. (PROPOSITION AND DESIGNATION). Concluded the procedures laid down in the Judicial Career and Personnel Selection Systems, the Council of the Judiciary will propose payroll to the competent bodies for the appointment of judicial officers. where appropriate.
CHAPTER III INSTITUTE OF THE JUDICIARY
ARTICLE 33. (OBJECT AND ENFORCEMENT).-
The Institute of Judicature aims at the technical training and ongoing training of judicial personnel to improve their efficiency and suitability in the administration of justice.
Judicial officials have the obligation, according to the rules of the regulation, to attend the courses and training programs developed by the institute. ARTICLE 34. (DIRECTORY AND ATTRIBUTIONS).-
I. The highest authority of the Institute of Judicature is the Directory that will be composed of: 1. A representative of the Council of the Judicature that will exercise the presidency. 2. A representative of the Supreme Court of Justice. 3. A representative of the Constitutional Court. 4. A representative of the National Bar Association.
II. The Board will approve and evaluate the training plans and programs that the institute will execute and authorize the subscription of agreements, agreements and contracts with Higher education institutions to implement post-degree specialization courses. III The Board will draw up the Institute's Rules of Procedure by determining its structure and functions for approval by the Council of the Judiciary.
TITLE IV ECONOMIC AND FINANCIAL REGIME OF THE JUDICIARY
CHAPTER SINGLE ECONOMIC RESOURCES OF THE JUDICIARY
ARTICLE 35. (ECONOMIC-ADMINISTRATIVE AUTONOMY).-The Judicial Branch enjoys economic and administrative autonomy. The Council of Judicature, elaborates the annual budget of the Judiciary, executes it and administers under Law and under fiscal control.
ARTICLE 36. (BUDGET).-I. The Judiciary's Budget is comprised of:
1. The National Treasury's National Resources allocation, in compliance with Article 116, Paragraph VIII of the State Constitution.
2. Own Resources: a) Procedural fines. b) Judicial Costs. c) Resources coming from the disposal of your goods after approval of the Honorable National Congress. d) Legacy and Donations e) Judicial Settings. f) Notary and Real Rights Record (s).
These Resources will be centralized in the Judicial Treasury. II. The Budget will address the requirements of the Organs that make up the Judiciary by implementing program budgeting techniques.
TITLE V DISCIPLINARY REGIME
CHAPTER I RESPONSIBILITIES AND FALSE
ARTICLE 37. (RESPONSIBILITY).-
judicial official is responsible for civil, criminal, and disciplinary action for actions or omissions that impede the normal development of the activities of the Judicial Branch or are in the right and timely administration of Justice.
The regime of disciplinary responsibility for Ministers of the Supreme Court of Justice, Magistrates of the Constitutional Court and Councillors of the Judiciary, will be established by Law. ARTICLE 38. (DISCIPLINARY MISCONDUCT).- The disciplinary faults are classified in very serious, serious and
mild. ARTICLE 39. (VERY SERIOUS FAULTS).- These are very serious faults:
When the Judge or Vocal will not excuse the knowledge of the process, being understood in any of the causals provided by law, or when I will continue with its processing, having been tested recusal against them.
The excuses declared illegal on three occasions, for one year.
The action as a lawyer or proxy, directly or indirectly, in any cause before the organs of the Judiciary, except for the case of be their own, spouse, ascendant, or descendant rights.
When the judicial officer retains the files without issuing resolutions or judgments within the legal deadlines.
When you request money or any other form of benefit to the litigant, or receive those offered to expedite or delay the proceedings.
The use of influences by orders or pressures of any kind, in the exercise of the judicial function in another court, tribunal, Public Ministry or other bodies linked to the administration of justice.
The loss of competition for three times within the judicial year.
The absence (i) unjustified from the exercise of his duties for five working days. and continuous or eight discontinuations in the course of the month.
False to the truth in the sworn statements of assets and income.
The disclosure of facts or data known in the exercise of their functions and on which the obligation to reserve reservation.
Abuse of the condition of Vocal or Judge to obtain favorable treatment of authorities, officials or individuals.
The delegation of judicial functions to the subordinate staff of the court, to (a) private individuals or the Commission for the conduct of proceedings against other authorities or officials in cases not provided for by law.
The commission of a serious misconduct when the judicial officer has previously been sanctioned by two other serious ones.
The acting in process other than its competence or when it has been suspended or lost. ARTICLE 40. (SERIOUS FAULTS) Are serious faults:
The unjustified absence of the exercise of their duties for more than three working days and continuous or five discontinuous in one month.
Unpromoted disciplinary action against their auxiliary staff When you knew of any serious misconduct by them committed.
Failure to comply with the Judicature Council resolutions or agreements or the obstruction of the inspections I made.
Unjustified and repeated non-compliance with the schedules of public hearings and attention to his office.
The suspension of hearings without prior installation.
Unjustified delay in the admission and processing of processes, or loss of competition.
Failure to comply with procedural deadlines.
Non-compliance for three times for a year, on the other hand of secretaries, auxiliaries and officers of diligence, of the obligation provided for by Article 135 of the Code of Civil Procedure.
The repeated attendance at the offices in the state of notorious drunkenness.
The commission of a slight lack where the judicial officer has previously been sanctioned by two other minor ones.
ARTICLE 41. (MINOR FAULTS).- They are minor faults: 1. The unjustified absence of the exercise of their functions for two working days and continuous or three discontinuous days in a
month. 2. The repeated mistreatment of procedural subjects.
CHAPTER II DISCIPLINARY PROCEDURES
ARTICLE 42. (COMPETENT AUTHORITIES). They are competent authorities for substantiating disciplinary proceedings and imposing the following penalties:
For very serious misconduct or for the serious offences referred to in Article 40 (2), (3), (6), (7) and (9) of This Law, a Commission of the Council of Judicature.
For the serious faults included in the numerals 1, 4, 5, 8 and 10 of the same Article 40, as well as for minor faults, the Superior in the degree of the judicial official infringer.
Plenary of the Council of the Judicature to know on appeal or review, the sanctions imposed first instance.
ARTICLE 43. (INITIATION OF THE PROCESS FOR VERY SEVERE AND SOME SERIOUS FAULTS).-
The disciplinary process for very serious misconduct or for the serious misconduct mentioned in the numeral 1 of the previous article, may be initiated ex officio, at the request of the Public Ministry or a complaint of interested party.
The judge, tribunal, or judicial officer who knew the commission of a fault, is obliged to bring it to the attention of the Council within 48 hours.
If the Council of the Judiciary or the judicial authority has knowledge of the participation of police, lawyers or prosecutors in the offences or offences committed by the judicial officers transmit an authenticated background to the disciplinary authority of those institutions for the imposition of the corresponding sanctions.
ARTICLE 44. (ACTING ON ITS OWN INITIATIVE).- When the disciplinary process is initiated on its own initiative, the appropriate body shall have the right to open it.
ARTICLE 45. (ACTING BY COMPLAINT OR AT THE REQUEST OF THE PUBLIC MINISTRY).-
When the disciplinary process is initiated by complaint, or at the request of the Public Ministry, the Council may entrust the conduct of a prior investigation. The report shall be raised within a maximum of five days, plus the term of the distance.
On merit of the report, the Council shall have the initiation of the process or the file of workers. ARTICLE 46. (OPENING RESOLUTION).- The opening resolution will contain:
The name of the defendant.
The fact attributed and its legal qualification.
The opening of the test term. ARTICLE 47. (TEST TERM).-The opening resolution will be notified, the process will be pinned to a
15-day test term. The indicted official may be assisted by a lawyer.
ARTICLE 48. (RESOLUTION).-I. Due to the test term, the first instance organ will dictate resolution within ten days, the same as
may be appealed within 3 days. II. In this case, the process will be referred to the Plenum of the Council of the Judicature that will dictate final resolution in the
deadline of 10 days from its receipt, without further recourse. ARTICLE 49. (DEFAULT).-In the event of no final resolution within the time limit
as set out in the previous article, the Directors will be liable under the Rules of Procedure. ARTICLE 50. (REFERRAL OF ACTUATES).- In any state of the disciplinary process if the Council of
the Judicature notices indicia of criminal responsibility, they shall transmit actuates to the competent authority. ARTICLE 51. (PROCEDURE FOR CERTAIN SERIOUS AND MINOR FAULTS).- In
the disciplinary process for the serious faults mentioned in the numeral 2 of the same previous article, as well as for minor faults, the following procedure shall be observed:
1. The absence of the official shall be evidenced by the Superior in a corresponding degree, who shall, in the case of serious misconduct, apply to the penalties laid down in Article 54, and in the case of minor faults, to the
2.
the official finds that the sanction imposed does not correspond to the right, he may ask the authority or organ to impose that immediate referral of the case to the Council of the Judiciary, in order for the latter to confirm, amend or revoke the contested decision. The Council of Judicature will work simply on the way of revision.
ARTICLE 52. (SUSPENSION OF DUTIES).- The Council shall suspend the exercise of its functions against those who have opened criminal proceedings. Likewise if disciplinary proceedings were initiated for very serious and serious misconduct.
CHAPTER III IMPOSITION OF SANCTIONS
ARTICLE 53. (PENALTY FOR VERY SERIOUS MISCONDUCT).- Pursuant to Article 116 Paragraph VI of the Constitution of the State, judicial officers who have committed very serious misconduct in the exercise of their duties and over those who have been executed, will be punished with the removal of their charges.
ARTICLE 54. (PENALTIES FOR SERIOUS MISCONDUCT).-The penalty to judicial officials for serious misconduct will be the suspension of the exercise of their functions from one to twelve months, without the enjoyment of any of them.
ARTICLE 55. (PENALTIES FOR MINOR FAULTS).-The sanctions against judicial officials for minor offenses committed in the exercise of their duties are:
1. Warning 2. Multas from 20% to 40% of a month.
ARTICLE 56. (FAILURE OF DUTIES).-The official who fails to comply with the obligation to report, process or execute a sanction, shall be liable to the responsibilities provided for in this Law.
TITLE VI SPECIAL PROVISIONS, FINAL AND TRANSIENT
CHAPTER I SPECIAL PROVISIONS
FIRST.-(AUDIT AND TRANSFER OF ASSETS).-The Comptroller General of the Republic, within ninety days, as of the enactment of this Law, will carry out a General and detailed Audit, on the total of the Heritage of the Court Supreme Justice, its assets and liabilities, raising detailed inventories so that, on the basis of that Audit, within a period of another ninety days, the Supreme Court will carry out the transfer to the Council of the Judiciary.
SECOND.-(STAFF DESIGNATION).- The Council of the Judicature will proceed to the designation of the staff for its operation through the Personnel Selection System established by this Law.
THIRD.-(REGregulations).-I. Within six months of its installation, the Council of the Judiciary shall draw up and approve the following regulations:
1. The organization and operation of the Council of the Judicature. 2. The Integrated Human Resource Management System and its Subsystems. 3. Of The Financial Management System. 4. From the Institute of Judicature. 5. Other regulations that are required for proper operation.
II. The approval of the aforementioned Regulations shall not condition the exercise of the powers conferred on the Council of the Judicature, and may in this effect dictate the rules it deems appropriate.
FOURTH.-(REMUNERATION).- Directors of the Judiciary will be paid in the amount and scale approved for the Ministers of the Supreme Court of Justice.
CHAPTER II TRANSITIONAL PROVISIONS
FIRST.-(DESIGNATION).-Council members The Judicature will be appointed and possesionados by the National Congress within the period
SECOND.-(PAYROLL PROPOSAL).-The Council of the Judiciary shall propose the payroll referred to in the First and Second Attribution of Article 123 of the Political Constitution. of the State within thirty days of the time of their possession.
FOURTH.-(DISCIPLINARY PROCESSES).-The disciplinary processes that are Once this Law is in force, it will continue to be substantial before the authority that is aware of them and must be resolved within one hundred and twenty days. Your failure to comply will result in the responsibilities established by this Act.
FIFTH.-(ACTING PERSONNEL).-Within 270 days of the possession of the members, the vowels, judges and other officials In time for the validity of the present, they must undergo the tests of sufficiency, determined by the Council of the Judicature, in order to assess their suitability in the performance of their duties.
The Council of the Judicature in the light of the results and in the exercise of its disciplinary and administrative power it may adopt the following measures:
1. Ratification of trust would work. 2. In case of insufficiency, suspension of the charge without having to be in attendance for up to 90 days; in that period, the affected person must
undergo training courses provided for by regulation. 3. In cases of severe deficiency, suspension of the charge without any haber haber of up to 365 days. Within this period the
affected must undergo further examination for the purpose of reinsertion into the judicial career; the date of examination must be fixed within the maximum period of 15 days of the application of the affected one.
SIXTH.- (PROSECUTION OF DUTIES).-As long as the Council of the Judicature exercises the powers 1 and 2 of Article 120 of the Constitution of the State, in exceptional form, the vowels and judges whose term has expired shall continue in the exercise of their functions until the Constitutional designation.
SEVENTH.-(BUDGET). -The General Treasury of the Nation will allocate the necessary budget items for the performance of the Board of the Judiciary with additional budget.
CHAPTER III FINAL PROVISIONS
FIRST.- (DEROGATIONS).-Defeat the following provisions of Law No. 1455 of the Judicial Organization, promulgated on 18 February 1993:
Articles 17, 22, 36, 38, 39, 40, 41, 42, 46, 55 (Numerical 2, 5, 24, 27, 28, 29, 30 and 31), 63 (Numeral 8), 69 (Numeral 6), 70, 71, 72, 97, 103 (Numeral 2, 5, 15, 16, 18, 19 and 20), 114, 115, 116, 136 (Numeral 6), 173, 176 and 177 (Numeral 8), 186 (Numeral 3), 217, 221, 222, 223, 225; Title XV Arancel of Procedural Rights, Single Chapter, General Standards; 244, 245, 246, 248, 251, 253, 254, 255, 256, 261; Chapter V of Title XVI, Chapter IV, Institute of the Judicature and the Public Ministry, Title XVII, Dependent Bodies; 262, 263, 264, 265, 266, 283, 287, 288, 289, 290 and 296.
SECOND.-Modifies in the terms of this Law, the following provisions of the Law of the Judicial Organization:
Article 4.-(APPOINTMENT OF JUDGES).-According to constitutional norms, the Ministers of the Court The Supreme Court will be elected by the National Congress, the District Courts of the Courts elected by the Supreme Court of Payrolls proposed by the Council of the Judiciary. The District Courts will appoint the judges, notaries and registrars of Royal Rights, also of payroll proposed by the Council of the Judiciary. Article 23.-(PROHIBITION OF ABANDONMENT OF DUTIES).-The Ministers of the Supreme Court, the Vocals of the Supreme Courts, the judges and other judicial officials, will not be able to leave their functions unjustifiably as long as they are not They will be legally substituted or accepted to resign; otherwise, they will be followed by the corresponding criminal action, to the denunciation of the Public Ministry, or any citizen. Article 24.-(REMOVAL, REMOVAL AND SUSPENSION OF MAGISTRATES OR JUDGES).-No Magistrate or Judge may be removed from his duties, but by virtue of an enforceable sentence, be it for common offences, for offences committed on the occasion of the exercise of his or her duties or for serious misconduct in disciplinary proceedings.
nine hundred and ninety-seven years. Fdo. Walter Guiberas Denis, Harmando Vaca Diez, Gonzalo Molina Ossio, Ruben E. Poma Rojas, Guido Roca
Villavicencio, Gonzalo Aguirre Villafan. Therefore, it was enacted so that it has and will comply as the law of the Republic.
The Government Palace of the city of La Paz, at the twenty-two days of the month of December of a thousand nine hundred and ninety-seven years. FDO. HUGO BANZER SUAREZ, Ana Maria Cortez de Soriano, Carlos Iturralde Ballivián, Guido Nayar Parada.
