Introduces Modifications To The Code Organic Of Courts, As Regards Appointment, Promotion And Qualification Of Judges, Judicial And Auxiliary Officials Of The Administration Of Justice, And Other Materials

Original Language Title: INTRODUCE MODIFICACIONES AL CODIGO ORGANICO DE TRIBUNALES, EN LO RELATIVO A NOMBRAMIENTO, ESCALAFON Y CALIFICACION DE JUECES, FUNCIONARIOS JUDICIALES Y AUXILIARES DE LA ADMINISTRACION DE JUSTICIA, Y OTRA MATERIAS

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"(Artículo 1°.-Introdúcense las siguientes modificaciones ael Código Orgánico de Tribunales: 1) article 252, be replaced by the following: ' article 252.-to be judge of letters is required: 1 ° be Chilean;" "
2° having the title of lawyer, and 3 ° having fulfilled satisfactorily the training program for applicants to the ladder primary of the power Court, without prejudice to the provisions of article 284 bis.
Case of lawyers outside the administration of Justice that apply directly to the post of judge of letters of commune or grouping of communes, will require that in addition to the requirements above, they have exercised the profession of lawyer for one year, at least.
To be judge of letters of capital of province or Court of appeals seat will be required, in addition, meet the requirements provided for in point (b)) of article 284. ";
(2) replace article 253, with the following: ' article 253-be Minister or Attorney Court of appeals requires: 1 ° be Chilean; "
2 ° having the title of lawyer, and 3 ° fulfill, being members of the primary ranks, with the requirements established in the letter to) of article 284, and having approved the training program to be Minister of Court of appeals. In no event may be Minister of Court of appeals who has not played, effective and continuously, the function of lawyer judge, for one year at least. The foregoing is without prejudice to the provisions of article 280.
The same requirements will be required to be appointed Secretary of the Supreme Court. ";
(3) replace article 254, with the following: "article 254-Minister of the Supreme Court is required to be: 1 ° be Chilean;"
2° the title of lawyer;
3 ° fulfill, in the case of members of the primary ranks, with the conditions specified in article 283, and 4th having exercised, in the case of lawyers outside the judiciary, for at least fifteen years the profession of lawyer, without prejudice to compliance with the requirements set out in paragraphs 1 ° and 2°. In case of lawyers who have retired from the judiciary, must have done voluntarily and with ratings to be considered on merit list. ";
(4) repealed Article 255;
(5) Suprimense, in article 258, the words "or of the Supreme Court;
(6) replace article 259, by the following: ' article 259-not can be named Minister of Court of appeals nor be included in the corresponding list who is linked with any Minister or Attorney of the Supreme Court by marriage, kinship of consanguinity to the third degree inclusive, by affinity to the second degree, or by adoption. "
Who is a spouse or has any kin or links referred to in the previous paragraph with a Minister of Court of appeals may not appear on shortlists or be named in charge the primary ladder that should play within the jurisdictional territory of the Court of appeals, where he exercised his Ministry.
In case of the appointment of a Minister in a court in the jurisdictional territory perform the primary ladder your spouse or one of the relatives indicated in the first subparagraph, the latter should be transferred immediately to the jurisdictional territory of another court.
In case of the appointment of a judge or Minister of Court of appeals who is in a position to participate in the qualification of a receiver, Procurator of the number or member of the register of employees and linking with him by marriage or by any kin or links listed in the first subparagraph, you must proceed to the transfer of the latter.
If two members of a court, being and acting, they contrajeren marriage or any of the relationships referred to in article 258, one of them will be transferred to a position of equal hierarchy. The transfer will affect those whose act has generated the kinship and marriage, who determine the spouses by agreement or, in the absence of consent, the Supreme Court.
The Minister of the Supreme Court who is a spouse or has any kin or links referred to in the first paragraph with a member of the judiciary, may not take any part in matters that might have interest. ";
(7) replace article 260, by the following: ' article 260-may not enter the ladder side those who are spouses or any kin or links listed in the article above with any Minister or Attorney of the Supreme Court or Court of appeals, or with any member of the ladder primary that perform in the territory Court of the charge that it is providing. "
You can not enter the ranks of staff of employees who is a spouse or has any kin or links referred to in the previous article with some Minister or the Prosecutor of the Supreme Court or any member of the primary ladder that perform in the territory Court of the charge that it is providing.
Similarly, it could not be included in terna or be named in the referred ladder that is spouse have any kin or links referred to in the preceding paragraph who, by reason of his office, should or can participate in their rating. ";
(8) replaced article 261, by the following: ' article 261-judicial functions are incompatible with any other remunerated with funds fiscal or municipal, with the exception of the teaching positions up to a maximum of twelve hours per week. ";
(9) replace in article 264 the expression "Special ranks of junior staff" with "Ranks of the staff of employees";
(10) replacements first two subparagraphs of article 265, by the following: ' article 265-the primary ladder shall contain: Ministers and the Prosecutor of the Supreme Court, Ministers and attorneys of the courts of appeals, the lawyers judges, rapporteurs, clerks of court and courts of letters, the Secretary of the Supreme Court and the lawyer that same Court Prosecutor's Secretary. "
The secondary ranks shall include: public defenders, notaries, curators, archivists, attorneys of the number, receivers, social workers and librarians. ";
(11) replace article 267, by the following: ' article 267.-the primary ladder will have the following categories: first-class: Ministers and Prosecutor of the Supreme Court. "
Second category: Ministers and attorneys of the courts of appeals, and rapporteurs and Secretary of the Supreme Court.
Third category: Lawyers judges of courts of the city seat of Court of appeals, and rapporteurs and clerks of Court of appeals.
Fourth category: Lawyers judges of courts of the capital city of the province.
Fifth category: Lawyers judges of courts of commune or group of communes and clerks of courts of letters of City Court of appeals seat.
Sixth category: Secretaries of courts of letters of capital of province, Deputy Secretary of the Supreme Court and the Prosecutor of that same Court lawyer Secretary.
7th category: Secretaries of courts of letters of commune or grouping of communes.
The rapporteurs of the Supreme Court and courts of appeals will be incorporated into the categories which are respectively assigned under the terms of article 285. ";
(12) delete the article 268;
(13) replace article 269 with the following: "article 269-the secondary ladder will have the following series: first series: public defenders."
Second series: Notaries, curators and archivists.
Third series: Attorneys of the number.
Fourth series: Recipients of courts of letters.
Fifth series: Social workers and librarians.
Each of these series will be divided into three categories.
In the first category include officials of the five series that play their positions in a commune or grouping of communes which serve as a seat to a Court of appeals, or in the jurisdictional territory of courts considered in the category of Court of appeals seat.
In the second category, the officials of the five series that play their positions in the jurisdictional territory of courts of provincial capital.
In the third category, officials of the five series that serve their charges in the jurisdictional territory of courts of community or group of communities. ";
(14) replace article 273, by the following: ' article 273.-the primary ranking officials, with the sole exception of Ministers and Prosecutor of the Supreme Court, the secondary ranking officials and employees of the judiciary will be rated annually according to the conduct officer and performance observed during this period, in the form that is available in the following articles. "
The qualifying period shall comprise twelve months of performance officer and will extend from 1 November to 31 October of the following year.
The ratings process is run in the 1 November and will be completed later than January 31 of each year.
The evaluation will be done by those shown below: a) the Supreme Court, in plenary, will qualify to the courts of appeals Ministers, rapporteurs and attorneys of the number working in that Court, his Secretary, Assistant Secretary and employees;
(b) the courts of appeals, in full, will qualify the letters, their secretaries, rapporteurs and employees, judges and clerks of courts and auxiliary staff of the administration of Justice performing their functions in the jurisdictional territory of city courts Court of appeals seat. They will also qualify the other notaries performing functions in the territory of its jurisdiction, following a report of the judge or judges in the jurisdictional territory perform;
(c) the public prosecutor of the Supreme Court will qualify his attorney Secretary, employees of his office and the prosecutors of the courts of appeals;
((d) prosecutors of the courts of appeals will qualify the employees of his office, and e) lawyers judges will qualify their social workers and employees and auxiliary officials of the administration of Justice not included in the previous letters that perform within their jurisdictional territory. In the latter case, in the places in which there are two judges of letters, the oldest will be the qualification, and those in which there are more than two will form to all Commission rating. If they are more than five, the Commission will be constituted by five senior judges.
It will act as Secretary of commissions, the clerk of the Court where its President to play, and if there are two or more secretaries, which designated by him. If the rating corresponds to make it to one person, it shall designate, in the month of October of each year, a Secretary among his subordinates or auxiliaries of the administration of Justice of its jurisdictional territory. ";
(15) replaced article 274, with the following: "(Artículo 274.-Los secretarios de los órganos calificadores indicados en el artículo 273, deberán cumplir, entre otras, las siguientes funciones: a) meet, within fifteen days of the month of November of each year, the leaves of life, with the background added, corresponding to persons who must evaluate the respective organ qualifier" , for which asked them who must implement them in accordance with the provisions of article 277;
(b) receive the opinions that are formulated in accordance with article 275, send a copy of them to the person to whom concern in the terms required by this provision and receive, in addition, the disclaimers that proceeding in writing;
(c) to record, in a book of proceedings of each score, the score is assigned to the qualified and, with sufficient precision, of the aspects or subjects that the qualified must improve or amend, at the discretion of who carried out the qualification. If qualifier organ is collegiate, you must record the number of Ministers or judges that integrated it; the fact that each of them has issued a grade separated and assigned a score to the qualified; each of these scores, indicating the name of the Minister or judge so assigned; score final qualifying resulting from applying the provisions of the second paragraph of article 278; from the list that is qualified, and the aspects or subjects which the qualified in the opinion of every qualifier, must correct or improve.
Individual scores which each qualifier takes place must be duly endorsed by this, will be filed in the Secretary of the organ qualifier and will have the character of quiet, except for the qualified, qualifier organ, the President of the Republic and the Minister of Justice;
d) notify the evaluated the result of their qualifications, as expressed in article 276;
e) refer to the qualifier organ requests for reinstatement and appeal to stand, with a history that are relevant, leaving evidence in the proceedings referred to in (c));
f) forward a copy of qualifications ejecutoriadas the agencies referred to in the final subparagraph of article 276, and g) fulfill other orders and instructions requiring the President of the Court or the Commission's rating or the person in charge of conducting the assessment. ';
(16) replace article 275, with the following: "article 275.-within the first ten days of the month of November of each year, any person may make the respective organ qualifier to reach their opinions with respect to the conduct officer and performance observed during the period covered by the qualification, by any officer or employee of the courts subject to qualification."
Such opinions must be in writing and contain the basics and background on which are based. Copy thereof should be referred immediately for organ qualifier to those affected so they carried disclaimers that they deem relevant, before starting the qualification process. Organ qualifier, if you receive any of the formulated opinions, must record it before making the annual assessment. ";
(17) replaced article 276, by the following: "Article 276-ratings shall be carried out by the bodies qualifiers listed in article 273, in a quiet procedure, within fifteen days of the month of December of each year, outside the regular functioning of the courts."
All persons subject to evaluation should be assessed at that time, with a history that exist on that date.
Qualification shall be put, privately, to the attention of the respective rated, as soon as it ends the process, handing him a copy of the part concerning the book of Act referred to in point (c)) of article 274, either personally or by sending you this by registered letter to the Court where provision of services.
The qualifications that make the Supreme Court in single instance only will be susceptible to the appeal, which must be founded.
Other qualifications may only be object of the appeal, also founded, stating the facts which in the opinion of the appellant should be considered to improve the rating.
These resources must be brought in the fatal period of five working days from the date of notification of the qualification of which calls for replacement or calls. If notification had been made by registered letter, shall be considered effected later than three working days from the date of delivery of the letter to the post office. Resources, aimed at organ qualifier that should know of them, will be presented directly before that carried out the assessment, whose Secretary must send them, within 48 hours, you should get to know them.
The qualification made by the qualifier of appellate body shall not be liable to recourse.
Shall know of the appeal to the following bodies: a) to the plenary of the Supreme Court, if the rating was carried out by a Court of appeal or by the Prosecutor of the same Supreme Court;
((b) to the Prosecutor of the Supreme Court, if the rating was made by a Prosecutor of the Court of appeals, and c) to the plenary of the Court of appeals respective, if the rating was performed by a judge or by a Commission of judges rating.
In these cases, it will act as Secretary, that is the respective court or the Prosecutor. If in that there are more than two, whereby the designated by the President. In the relationship, in addition to the records referred to in the first subparagraph of article 278, must expose the fundamentals of the resource interposed.
The appeal involves a reclassification of the appellant, which must be done in the terms of article 278, must be considered especially in it aspects and materials than the appellant, according to the original qualification, must improve or correct. The score that this reclassification will be the final qualifying score. Organ qualifier who knows the appeal must be the reclassification within the ten days following the date of its filing. The reclassification shall be notified to the interested party as expressed in the third paragraph, by the Secretary of such tribunals and shall be communicated to the respective qualifier organ.
All ratings, once they are ordered, shall be communicated by the Secretaries of bodies qualifiers, by confidential letter, the Supreme Court, courts of appeals, and Ministry of Justice, for purposes which may be applicable. ";
(18) replaced article 277, by the following: ' article 277.-the clerk of the Court where they provide services, will take a resume of each person should be evaluated; " If there is more than one Secretary, the tribunal will distribute this work among them.
In the case of the auxiliary officials of the administration of Justice indicated in (b)) Article 273, this task shall be to the Secretary of the Court of appeals or which designate that Court, of having more than one. Respecto_de auxiliary officials referred to in e) of the same article, shall correspond to the clerk of the court designated by the respective Court of appeals. (In the case referred to in point (c)) of that article, shall be responsible for this task Attorney Secretary of the Prosecutor of the Supreme Court and of the letter d) of the same provision, the respective prosecutor.
The resumes of the persons to whom this work is assigned will be carried by the President of the Supreme Court, by the Prosecutor of the Supreme Court, by the Presidents of the courts of appeal or judges, as appropriate.
On the resume policymakers will leave clear, timely and accurate, record of disciplinary measures ordered and of perceptions of merit and demerit order record courts, visitors Ministers and officials qualifiers listed in the article 273 with respect to persons matching them to qualify. Case of collegiate courts, merit or demerit annotations will be enacted by the full Court or by any of the rooms that are composed.
The background appearing on the resume will be reserved, except for the person to refer, which can impose its content as it deems appropriate and to reach responsible for carrying them, rather than start the qualification process, observations and background you want, to be added.
To the same manager and equal opportunity, people who should be evaluated may request that it is written down in his resume the circumstance of having participated in training and development, suitable activities for which must accompany the certificates and relevant supporting documents.
When under transfer or promotion of a particular official or employee, you must change the qualifier, the previous close your resume and be forwarded to the new qualifier immediately materialized transfer or promotion, along with a rating report in which official recorded their performance. The person responsible for bringing the resume of the officer transferred or promoted shall open a new resume, which will append the previous and the rating report.
There will also, a sheet of qualification which will be summarized and annually, will assess the performance of each staff member and shall be recorded in the list that was rated. ";
(19) Insert, then of the 277 article, the following article 277 bis: "article 277 bis.-rating should be based on objectives background and consider, in addition to the practiced annotations in the respective resume and the rating report,: responsibility, ability, knowledge, initiative, efficiency, effort of self-improvement, human relations and customer service, in consideration of the function or task that corresponds to perform and magnitude of the same.";
(20) replaced article 278, by the following: ' article 278-qualification will begin with the relationship that will be the Secretary of the organ qualifier about all the background of each one of the people who need to be evaluated. " Then each individual relations, members of the qualifier organ shall, separately, deliver in writing to the Secretary assessment that those deserve them.
The qualified will be assessed globally on the basis of the guidelines and items set out in the articles 277 and 277 bis. The result of the qualification will be expressed in a score from 1 to 7 to be assigned to the qualified and can contain up to two decimal places. In case that organ qualifier is collegiate, that is, composed of two or more persons, each of its members will be a separate rating. The final qualifying score will be the quotient resulting from dividing the total sum of the scores assigned individually to the qualified by the number of qualifiers.
The final score will determine the list which shall contain the qualified for the year immediately following the qualification, in accordance with the following guideline: excellent list, from 6.5 to 7 points; Very good, 6 to 6.49 points list; Satisfactory list, 5 to 5.99 points; list Regular, 4 to 4.99 points; list conditionally, 3 to 3,99 points and list poor, less than 3 points. This however, by the mere fact that the qualified get a less than 3 in responsibility or efficiency average note, automatically will be qualified list deficient; and, if you get score equal to or less than 3 in two or more of any of the other items, you will not be qualified in the conditional exceeding list.
The qualifier, in any of the areas referred to in article 277 bis, assigned a score equal to or higher than 6 or less than 4 must declare the facts that underlie their appreciation.
The qualified that, during the year that is qualified, would have been subject to disciplinary action, whatever the score you get, you may not include in list outstanding, and if you have been higher than the private reprimand disciplinary measure, it may not appear in very good list. In the same way, which would have been subject to two or more disciplinary measures, provided that none of them would have been superior to censorship in writing, you will not appear in list satisfactory; which had been the subject of three or more disciplinary measures, provided that some of them would have been superior to censorship in writing and no more than fine, it may not appear in Regular list, and which has been lodged three or more disciplinary action or of two or more, whenever one of them would have been suspension from functions shall be qualified in list deficient.
The above rules be observed also by bodies that correspond to know appeals.
For all legal purposes, will be considered on merit list all those officials who, according to their annual qualification, had been incorporated into the list of excellent or very good. ";
(21) replaced article 278 bis, by the following: "article 278 bis-official appearing in list deficient or, for the second consecutive year on list conditional, firm once the respective qualification, will be removed from his post by the only Ministry of law. As long as the above qualification is not firm, the official will be immediately suspended from his functions.
These circumstances must be reported immediately by the respective qualifying body to the Ministry of Justice, to the consequent administrative purposes. ";
(22) replaced article 279, by the following: ' article 279.-to proceed with the appointment in property from a charge in the primary that will find vacant, ranks the respective court call contest, for a period of ten days, which may be extended for equal terms if they do not present opponents in sufficient numbers to form the lists that should be sent to the President of the Republic " for the purposes referred to in article 263; unless concerned provide the positions of Minister or Attorney of the Supreme Court, which will proceed without prior contest.
The clerk of the Court that call Contest shall communicate its opening by telex, fax or telegraph to all courts of appeals of the country, which should put it to the attention of the courts in its jurisdictional territory by appropriate means. This last communication failure shall not invalidate the contest, without prejudice to the responsibility of the Secretary. In addition, the Secretary must insert a notice of the opening of the competition in the official journal. The period referred to in subsection will be counted from the date of publication of the notice.
Interested parties who meet the requirements that are required by law to apply for the post must accompany your resume and other supporting their merits history.
The choice of persons to be included in proposals or triads for the fallback or internship in any of the positions of the primary ladder shall be limited to officials who provide their services within the jurisdictional territory of the respective court. Only in their absence can be chosen freely among other officials which fulfil the necessary conditions.
However, when whether the proposals or triads for the appointment as interim or surrogates, rapporteurs or clerks of Court of appeal, may appear in them, in the absence of officials who meet the general suitability for such functions requirements, others fifth or sixth grade, somebody is jurisdictional territory to which they belong and the time that have remained in the respective category. ";
((23) Introducense the following modifications in Article 280: to) replaced first subparagraph by the following: ' Article 280-may not be promoted to a higher category official who has less than three years of service in its category, except that the immediately lower it has served more than five years, in which case you will need only one. " No official who carries a charge of the same category that it is providing or has three years or more of service in the category immediately below. may, however, be promoted if they are not interesare for the charge "(, y b) deleted your second paragraph;"
(24) replaced article 281, by the following: ' article 281-included in list outstanding officials will have preferential right to appear in machine or terna versus those that are incorporated in the good list, they will prefer to those included in the list of satisfactory, and to those incorporated to the Regular list. " Those included in other lists may not appear in machine or triplet. Equal-ranking list, will prefer opponents by their category and to equality in this order shall be deemed the score of the last qualification and seniority in office, among his other.
In the event that any Minister of Court of appeals or judge lawyer should appear by seniority in proposals to that referred to in article 75 of the Constitution and had been the subject of any disciplinary measure after its annual rating, in the respective proposal shall be recorded this and the fact of being or not enforceable the respective resolution.
Proposals shall be evidence of the number of votes obtained by the opponents in each of the votes which have due be made for the preparation of the machine or the shortlisting. ";
(25) be replaced with the second paragraph of article 282, the following: "the Prosecutor of the Supreme Court will integrate the full Court of the Court for the purposes of the provisions of the preceding paragraph as regards form triads for the provision of Court of appeals attorneys fees.";
(26) replaced article 283, by the following: ' article 283.-to provide the office of Minister or Attorney of the Supreme Court, this Court will send to the President a list of five persons, which shall contain the oldest Minister of Court of appeals that is in list of merits. " The other four places will be filled in accordance with subsection first article 281. This however, can integrate the quina lawyers strangers to the administration of Justice, elected by merits. ";
(27) replace article 284, with the following: "(Artículo 284.-Para proveer los demás cargos deel Escalafón Primario, se formarán ternas deel modo siguiente: a) for Ministers and prosecutors of the Court of appeal and Secretary of the Supreme Court, with the judge's letters in civil or criminal court qualified on merit list seat oldest and expresses his interest in charge and with two Ministers of Court of appeals or members of the" second or third category who have opposed the competition, chosen in accordance with the provisions of the first subparagraph of article 281;
(b) to third and fourth, members of the categories with the exception of the rapporteurs of the courts of appeals, the judge's letters in civil or oldest criminal of the lower category qualified list of merits and expresses his interest in the position and with two members of the same category of cargo that is providing or the immediately lower that have opposed the competition, chosen in accordance with the provisions of the first subparagraph of article 281;
(c) for members of the fifth category, with the oldest officer in the bottom category that qualified under the list of merits and express your interest in the position and with one or two members of the same category of cargo that is providing or the immediately lower, elected in accordance with the provisions of the first subparagraph of article 281 , or with one or two lawyers to the Judicial Branch who have opposed the competition, chosen in accordance with the provisions of article 284 bis;
(d) for members of the sixth category, with the exception of the Secretary of the Supreme Court and the Attorney Secretary of the Prosecutor of that same court, with the oldest official of the seventh category listed in list of merits and expresses his interest in the position that it is provide with one or two members of the same category or the next smallest (, elected in accordance with the provisions of subsection first article 281, or with one or two lawyers to the Judicial Branch who had opposed the competition, chosen in accordance with the provisions of article 284 bis, and e) for members of the seventh category, with the same category of elected officials in accordance with the provisions of subsection first article 281 , or lawyers to the Judicial Branch who have opposed the competition, chosen in accordance with the provisions of article 284 bis.
(Lack of applicants to the categories in subparagraphs b)) and (c) of this article, may occupy one or two places of free election, officials who are incorporated in the lower category subsequent to the charge that it is providing, always in accordance with the provisions of subsection first article 281.
The official that enjoyment of the right to appear in shortlisting by seniority, in accordance with the provisions of this article, should express their interest in office within ten days from the publication of the opening of the competition in the official journal. If so it does not make it, you prescindirá him. ";
(28) interlayer, then article 284, following article 284 bis: "article 284 bis.-the shortlists for posts of judges or clerks of courts of letters not may include lawyers to the judiciary that has not approved the training programme for applicants to the primary of the judiciary ranks. However, if the respective contest applicants who have fulfilled this requirement do not present or that they already belonged to the primary ranks, will be called to a second contest and the nomination of lawyers who had not approved such a program shall be allowed.
Among applicants who have approved the referral program be preferred to those who would have obtained better qualifications. Of existing applicants with equal qualifications, they will prefer those who had served in the ranks of the staff of employees for more than five years, always that had been considered permanently in merit list and had not been sanctioned after the last qualification.
Trying to provide positions for the fifth or sixth category, in the event that not all the candidates had made the respective program at the Judicial Academy, the Court of appeals shall submit to the latter or the Group of opponents that you pre-select, an examination of opposition which will be prepared and controlled by the Judicial Academy. The result of this test will be considered, with the remaining background, to make the list. ";
(29) replaced article 285, by the following: ' article 285.-the Supreme Court or of respective appeals, to provide for the post of Rapporteur, shall submit to the President a triplet. "
Exceptionally, the Court concerned may agree, by an absolute majority of its members, skip the terna and submit a single proposal to the President of the Republic.
Every proposal, is shortlisting or one-man, must be made prior competition which will be governed by the rules of article 279 shall be resolved based on the background of the candidates and to the result of a personal examination that should include the relationship of one or more causes to do.
In the contest for Rapporteur of the Supreme Court may participate officials qualified list of merits of the same category or the immediately lower and who, having equal qualification, have served as rapporteurs in some Court of appeals five years at least.
In the contest for the post of Rapporteur of Court of appeals eligible officials qualified merits of same category or the next smallest list. The respective Court of appeals may, extraordinarily, permit the postulation that contest officials of the fifth, sixth or seventh categories, and even non-lawyers who have approved the training programme for applicants to the primary hierarchy of the Judicial Academy.
In either of the above cases, if the number of candidates is greater than five, the Court responsible for make the terna may pre-select five opponents, according to their merits and limit this number to those who submit to test.
People who are nombraren as rapporteurs of the Supreme Court, that may arise from the primary ranking second or third categories, will be incorporated in such a character to the second category of the mentioned ladder, once they give the oath of style.
People who are nombraren as rapporteurs for appeals courts, arising from the primary ranking third or fourth categories, will be incorporated in such a character to the third category of the mentioned ladder, once they give the oath of style.
People who are nombraren as rapporteurs of the Supreme Court that does not come from any of the categories referred to in the sixth subparagraph, will appear during the first three years of their performance in that Court in the fourth category of the primary ranks, in the two following years, in the third, and integrate the second category once they complete five years of service in that character all this without having to back appointment.
People who nombraren as rapporteurs of courts of appeals that do not come from any of the categories mentioned in the seventh paragraph, appear during the first three years of their performance in the fifth category of the primary ranks, in the two years following in the fourth, and will enter the third category once complete five years, all this without having to back appointment.
Persons referred to in the two preceding subparagraphs receive remunerations assigned to the rapporteurs of the Supreme Court or of the courts of appeals, accordingly, while they perform in that capacity. ";
(30) Insert, then of article 285, the following article 285 bis: "article 285 bis.-the appointment of the Secretary of the Supreme Court will be a proposal of that Court and you can only lie in person with a law degree.
This official subrogated to the Secretary and will apply the standard of the second paragraph of article 500.
In addition to other functions that correspond, it will play the post of rapporteur when the Court deems it appropriate.
All mentions that laws are made to the first officer of the Supreme Court shall be referred to the Assistant Secretary.
The Attorney Secretary of the Prosecutor of the Supreme Court shall be appointed on a proposal from the Prosecutor. ";
(31) replaced article 286, with the following: "(Artículo 286.-Las ternas para proveer los cargos de defensores públicos se formarán deel modo siguiente: a) for public defenders from the first and second categories of the side ladder, with the oldest public defender of the next lower category listed in list of merits and expresses his interest in the position and two public defenders in the same category of cargo that is providing or" the next smallest, elected in accordance with the provisions of the first subparagraph of article 281. Only in the absence of these may be the triads lawyers outside the ladder, elected on the merits, and b) for public defenders of the third category of the mentioned ladder, with public defenders in the same category, elected in accordance with the provisions of the first subparagraph of article 281, or the ladder outside lawyers, chosen by merit.
Con_respecto_a the right referred to in the letter a), shall apply the provisions of the final paragraph of article 284. ";
(32) replaced article 287, with the following: "(Artículo 287.-Las ternas para proveer los cargos de notario, conservador y archivero se formarán deel modo siguiente: a) for members of the first category of the side ladder, with the notary, conservative or oldest Archivist of the next lower category listed in list of merits and expresses his interest in the position and with two notaries" conservators or archivists in the same category of office concerned to provide or the immediately lower who are opposed to the contest, chosen in accordance with the provisions of subsection first article 281.
For the purposes of the right to own, applies the provisions of the final paragraph of article 284;
(b) for members of the second category, with the notary, conservative, or oldest Archivist of the next lower category listed in list of merits and expresses his interest in the position. To that effect, shall apply the provisions of the final paragraph of article 284. A second will be occupied by the notary, curator or Archivist of the same category of cargo that is providing or the immediately inferior, which opposes the contest, chosen in accordance with the provisions of subsection first article 281. Third place in the shortlisting will be occupied by one of notaries, conservators or archivists newly referred, pursuant to the first subparagraph of article 281, or chose a strange career lawyer, chosen by merit. These foreign lawyers may not include a member of the primary ranks, and c) for members of the third category, with the notaries, conservators or archivists in the same category, which, in case of opposition, will occupy at least one place in the shortlisting, chosen or elected in accordance with the provisions of subsection first article 281 , and with lawyers outside the ranks who are opposed to the position, chosen by merit. ";
(33) repealed article 288;
(34) in article 289 Reemplazanse the words "second or third", by "third or fourth";
(35) interlayer is, then the article 289, the following article 289 bis: "(Artículo 289 bis.-Las ternas para proveer los cargos de asistentes sociales y bibliotecarios se formarán deel modo siguiente: a) for members of the first two categories of the secondary ranks, depending on the case, with the social worker or oldest Librarian of the next lower category, listed in list of merits and expresses his interest in the post" , and two social workers or library, depending on the case, in the same category of cargo that is providing or the immediately lower, elected in accordance with the first subparagraph of article 281. In the absence of opponents will be included in the triplet to social workers or library, depending on the case, non-service, chosen by merit, and (b)) for members of the third category, as appropriate, with social workers or librarians from the same category chosen in accordance with the provisions of subsection first article 281 or with social workers and librarians , as appropriate, non-service, chosen by merit.
Con_respecto_a the right referred to in the letter a), shall apply the provisions of the final paragraph of article 284.
To oppose the social Assistant or librarian Manager, is required to be in possession of the respective title given by an establishment of higher education in the State or recognized by this. ';
(36) replaced article 291, by the following: ' article 291-the triads and machines, as the case may be, must be sent to the Ministry of Justice with all the records that were present at the time of making them, together with the respective competition record, and must indicate the number of votes obtained by the opponents in each of the votes which are due be made for such purposes. ";
(37) be replaced with article 292, the following: "article 292-the ranks of staff employees shall consist of the following categories: first class: official seconds from the Supreme Court, official first Secretary of the President of the Supreme Court and courts of appeals."
Second category: officers third Supreme Court, official seconds from the courts of appeals and officers of the courts of the seat of court lyrics.
Third category: officers quarters of the Supreme Court, official third appeals courts, officers of the prosecutors of these same courts, official seconds from the courts of letters of first of the courts of provincial capital court and official seat.
Fourth category: auxiliary officers of the Supreme Court, Library Assistant in the Supreme Court, officers quarters of the appeals courts, official fourth Assistant library of the Court of appeals of Valparaiso, third of the second seat of court, official letters courts of the courts of capital and official lyrics officers first the courts of letters of communes or grouping of communes.
Fifth category: official quarters of the third seat of court, official letters courts of the courts of letters provincial capital and official lyrics of commune or group of districts courts seconds.
Sixth category: official quarters of the third provincial capital letters, official courts of the courts of letters of commune or grouping of communes and official interpreter of the Court of Temuco.
7th category: official of Chamber of the Supreme Court, courts of appeal, courts of letters, and other staff auxiliary toilet or services that perform in the courts of Justice. ";
(38) replaced article 293, by the following: ' article 293-employees of the Secretariat with more than ten years in the same category of the ladder will have, for the purposes of promotion, the same rights as the of the immediately superior, provided that they have been permanently in list of merits and they had not been subject to disciplinary measure greater than private reprimand after the last qualification. ";
(39) replaced article 294, by the following: ' article 294-the appointment on property in the ranks of employees personnel charges, will be proposal in shortlisting will form, previous contest, the Court that services must be provided. " In no event will integrate shortlisting the employee who, in addition to the requirements that establish the following subparagraphs, not accredited technical or professional titles or knowledge which are required for the performance of cargo, unless, after a second call, there is no sufficient applicants who meet these requirements.
Employees included in outstanding list will have preferential right to appear in terna versus those that are embedded in the very good list, they will prefer to those included in the list of successful, and to those incorporated in the Regular list. Those included in other lists may not appear in triplet. Equal-ranking list, will prefer opponents by their category and to equality in this order shall be deemed the score of the last qualification and seniority in office, among his other.
In the shortlists for posts in the first category will include the oldest employee of the second category described in list of merits which is opposed to the contest. First or second category employees elected in accordance with the provisions of the second paragraph will occupy the other two places. Only if applicants of such categories are not present, may appear from the third category, always chosen in accordance with the provisions of the second paragraph.
In the shortlists for posts of the second category will include the oldest employee of the third category described in list of merits which is opposed to the contest. Second or third category employees, elected in accordance with the provisions of the second paragraph will occupy the other two places. Only if applicants do not present to form the triplet with those employees, may be she the of the fourth category, always chosen in accordance with the provisions of the second paragraph.
In the shortlists for posts of the third category, will include the oldest employee of the fourth category described in list of merits which is opposed to the contest. Third or fourth category employees, elected in accordance with the provisions of the second paragraph will occupy the other two places. Only if applicants do not present to form the list who meet the above requirements, may include therein of the fifth category, always in accordance with the provisions of subsection second.
In the shortlists for posts of the fourth category will include the oldest employee of the fifth category described in list of merits as it opposed to the contest. Employees in fourth or fifth grade, in accordance with the provisions of the second paragraph, will occupy the other two places or lawyers, graduates of law or students from third, fourth, or fifth year of the law schools of any State University or recognized by this, chosen by merit.
The shortlists for posts of the fifth category, will include the oldest employee of sixth category qualified list of merits which is opposed to the contest. Employees in fifth or sixth grade, in accordance with the provisions of the second paragraph, or strangers to the judiciary, chosen by merit will occupy the other two places.
The triads referred to in the three preceding subparagraphs, involving employees of the subsequent categories in charge provided or, where appropriate, to strangers in the service, shall be resolved founded.
The shortlists for posts of the sixth category, will include the employee qualified on merit list oldest in this category which is opposed to the contest. Employees in sixth or seventh grade, in accordance with the provisions of the second paragraph, or service persons, chosen by merit will occupy the other two places.
The shortlists for posts of the seventh category, will include the employee qualified on merit list oldest in this category which is opposed to the contest. In the same category employees or persons outside the service, chosen by merit will occupy the other two places.
Non-career candidates, must prove the titles or experience required for the position. In addition, they will be subjected to court to one or more tests to measure objectively, their skills and knowledge for the exercise of this task which may be entrusted to the Judicial Academy or the administrative Corporation of the Judicial power. In addition to the results of these tests, the Court shall the background showing applicants and qualifications who have obtained in the right race, if case.
Otherwise, competitions are governed by the regulations referred to in article 279.
The triads referred to the President of the Supreme Court or the Court of appeals, where appropriate, shall be accompanied by all the background that were present at the time of making them, together with the respective competition record, and must indicate the number of votes obtained by the opponents in each of the votes which have due be made for making the same.
As regards appointments as interim or alternates, the designation may be made by the respective tribunal or court.
These designations may not last more than 90 days, will not be extended, or you may appoint new interim or acting for the same office. When you do not use this ability or that have expired in the internship or fallback, will be to fill the vacancy in the ordinary way.
The driver of the Presidency of the Supreme Court nomination will be the President himself.
The President also will appoint Secretary of court employees who shall be attending one of the Ministers, a one-man proposal from the Minister concerned.
Is to make the appointment as a holder, interim, or substitute, the designated official may not play charge while not be transcribe him fully transacted respective Decree, unless this last stated that it will immediately assume their functions. ';
(40) interlayer, then Article 294, the following article 295: "(Artículo 295.-Los postulantes a cargos deel Escalafón deel Personal de Empleados deberán cumplir con los siguientes requisitos para su ingreso ael servicio: a) be Chilean;"
b) have complied with the law of recruitment and mobilization, when he is coming;
(c) take health compatible with performance of the charge;
d) have approved the level of average, or equivalent education;
e) not having ceased in a position in the judiciary or the administration of the State as a result of having earned a poor rating, or disciplinary measure, and f) not be disabled for the exercise of functions or public office, nor be sentenced or prosecuted for crime or simple offence. ";
(41) repealing Article 334;
(42) replaced article 340 with the following: "article 340.-the President of the Supreme Court may grant judges licenses by disease, according to the General provisions governing on the subject for the staff of the civil administration of the State."
The Supreme Court may grant permits for six months each year, private affairs and up to two years to move development activities abroad, in both cases without remuneration and provided that is not dull the service limit of two years referred to in the preceding paragraph shall not apply in the case of officials who obtain scholarships according to the legislation in force.
The resolutions adopted shall be communicated immediately to the Ministry of Justice for the consequent administrative purposes. ";
(43) replaced in article 342 the expression "license" with "permission";
(44) replaced into the first paragraph of article 343 the term "license" by "permission", both times in which it appears;
(45) insert in article 346, after the expression "licenses", the words "and permits";
(46) replaced the second paragraph of article 347, with the following: "In addition, the Presidents of courts of appeal may grant permits up to three days in every two months judges of its jurisdictional territory.";
(47) added paragraph 11 to Title XI of the organic code of courts, with the heading of "The library Court", which will contain the following new article 457 bis: "article 457 bis.-legal librarians are auxiliaries of the administration of Justice, whose function is to the custody, maintenance and care of the library of the Court in which perform their functions as well as which the Court or its President assigned to it in relation to the statistics of the Court.
The Librarian of the Supreme Court will be responsible for the custody of all original documents of qualification of officials and employees of the Judicial Branch, which you must be sent once final annual rating process. You shall be entitled to give interested parties the testimonies that they ask.
This librarian will also play the functions entrusted by the Supreme Court regarding the formation of the Judicial ladder.
There will be a librarian in the Supreme Court and in those courts of appeals determined by the President of the Republic, with prior report of the same. ";
(48) replaced subsection first article 470, with the following: "article 470.-functions of the auxiliaries of the administration of justice are incompatible with any other remunerated with funds fiscal or municipal, with the exception of teaching charges up to a limit of twelve hours per week.";
(49) replace the second paragraph of article 493, by the following: "official appearing in poor list or, for the second consecutive year in conditional list firm once the respective qualification, shall be removed from office by the only Ministry of law.
This circumstance must be reported immediately by the respective qualifying body to the Ministry of Justice, in order that this, for the corresponding administrative purposes, curse as soon as Supreme Decree due. ";
(50) add the following article 495 bis, new: "article 495 bis.-the auxiliaries of the administration of Justice will remain in their posts until the seventy-five years of age.";
(51) insert in Article 497 word "permissions", preceded by a comma (,), after "licenses";
(52) add the following second paragraph to article 498:
"For the purposes of the provisions of the final paragraph of the first subparagraph of article 294, administrative the Corporation to court, at least every five years, shall establish the functions corresponding to each of the charges that make up the ranks of the staff of employees, must point out with clarity and precision the technical or professional titles or knowledge required for its proper performance. Determining functions and enabling requirements of each position, the Corporation will establish differences and exceptions which are necessary according to the categories and characteristics of the various courts that will serve. ";
(53) replaced Article 499, by the following: ' Article 499.-the appointment on property in the ranks of employees personnel charges be made by the President of the Supreme Court in the case of employees who have to serve in it, or by the President of the respective Court of appeals in other cases, subject to the rules referred to in the third paragraph of title X. "
Prosecutors of the courts of appeals officers shall be appointed a one-man proposal from the Prosecutor.
It shall apply to the officials referred to in this article to article 493. ";
(54) repealed article 502 bis;
(55) insert in article 505 the word "permissions", preceded by a comma (,), after "licenses";
(56) Insert the following article 553, new: "Article 553-will be up to the courts of appeals overseeing the conduct officer members of the primary ladder from the seventh until the third category including and to the members of the secondary ranks performing their functions within their respective jurisdictional territory, without prejudice to the provisions of article 564." To this effect, courts shall designate annually to one or more of his ministers so that, during the respective calendar year, act as visitors in the courts and Ministers in the trades of the notaries, conservators and archivists assigned to them. You must annually change the allocation, ensuring whenever the workload equitably between all the Ministers.
These Ministers carried out visits that are necessary for the proper performance of the audit function which is entrusted to them.
If at the time of the visit, the Minister in charge of it finds the existence of faults or crimes committed by the official visited, it may adopt emergency measures that may be necessary, realizing them to the respective court within twenty-four hours.
Officials subject to visits referred to in this paragraph shall bear a special book, which will indicate the Minister in charge of making them, or by the judge, in his case, observations that deserve the inspection. Same record must be on the resume of every staff member visited, also with appreciation that deserves the conduct officer this. ";
(57) Insert, between commas (,), in the first paragraph of the article 555, then 'The courts of appeals' initial expression, as follows: "in addition to visits ordinary referred to in section 553";
(58) replaced by article 556 the phrase "for the correction that speaks the article preceding" with the following: "to take urgent measures which may be necessary or when the relevant corrections";
(59) replaced article 564, by the following: ' article 564-judges of letters, within the territory of its jurisdiction, must monitor the ministerial conduct of officials and employees of the judiciary which should qualify or whose performance must inform the respective Court of appeals for the same effects. " They should, therefore, visit, at least every two months, the offices of the Secretaries, conservators and archivists of its jurisdictional territory in order to verify the functioning of the respective trades and performance officer of the visited. Effect, they may examine protocols, books and files to be carried in the respective trade and report, by means prudent, in the way as they work.
However, in cities Court of appeals seat visits to the offices of notaries, conservators and archivists will be Ministers of the respective court, pursuant to Article 553.
Shall be recorded, in the special book referred to in the fourth subparagraph of Article 553, of observations which deserve the visit. Same record must be on the resume of every staff member visited, in addition, consigning appreciation deserving officer of this behavior.
In communes or groups of communes in which has several judges of letters, the respective Court of appeals shall designate which should make the visit, distributing this work equally between all of them, but the visit of the office of the clerk of each court will always by the respective judge. ";
60) delete the article 565, and 61) Introducense the following modifications in the articles listed below: to) in article 46, replaced the expression "within the jurisdiction", by the following: "included in the jurisdictional territory";
(b) at N ° 1 ° of article 63, replaced the word "jurisdiction" by "jurisdictional territory";
(c) in the final paragraph of article 213, replaced the term "jurisdiction", by the following: "jurisdictional territory";
(d) in the second paragraph of article 311, replace the word "jurisdiction", by the following: "jurisdictional territory";
e) in point (d)), n ° 1 ° of article 455, reemplazanse the words "the jurisdiction", by the following: "the respective jurisdictional territory";
(f) in the second paragraph of Article 474, replace the word "jurisdiction", "jurisdictional territory";
((g) in the first subparagraph of article 555, replaced the word "jurisdiction", with "jurisdictional territory", and h) in the article 559, replacements terms "respective jurisdiction", "respective jurisdictional territory".