Ethical Norms For The Judicial Branch Of The Republic Of Guatemala
| Author | Edgardo Daniel Barreda Valenzuela |
| Profession | Magistrate X Supreme Court of Justice |
| Pages | 525-540 |
Page 525
Supreme Court Agreement No.7-2001, "Ethical Norms for the Judicial Branch of the Republic of Guatemala", is the product of a collective effort by the Magistrates' Institute, the Association of Judges and Magistrates of the Judicial Branch and of members of civil society who participated in the workshops held over the past year.
The Supreme Court of Justice dedicated a number of extraordinary plenary sessions to considering the Draft Agreement and benefited from the collaboration and support of Dr. Roberto Brenes.
To all those who contributed their constructive criticism and disinterested comments during this process, I extend my sincere thanks. They enlarged the original scope of the project and contributed to the adoption, on March 21, 2001, of the first legal body of ethical norms in Guatemala' history ever to be adopted by a state institution.
Agreement No.7-2001 will serve as a basis for workshops and seminars to be offered throughout Guatemala over the coming years to ensure that all judicial branch civil servants take up the mantle of integrity and arm themselves with rectitude, honor, loyalty, and prudence. The overriding goal of this project is to achieve justice, by ensuring that the constitution is rigorously applied and that human rights are respected, thereby contributing to building the lasting peace that Guatemalans so desire.
Well aware that the judicial branch is not an island unto itself, but rather part of a system, we join forces with other government institutions in the fight against corruption with the publication of these norms and activities to promote their application in every court in the land.
Page 526
RECOGNIZING that the Supreme Court of Justice has a duty to ensure the fulfillment of its obligations to impart justice and to preserve and strengthen democracy.
CONSCIOUS that magistrates, judges, civil servants, auxiliary and administrative support staff are an essential part of the administration of justice, that they must serve the community and that their functions must therefore be carried out in accordance with clear ethical and moral norms requiring each and every one of them to act with: honor, probity, decorum, prudence, rectitude, loyalty, respect, independence, impartiality, veracity, efficiency, solidarity and dignity in all matters, demonstrating exemplary conduct, honesty and good faith in every one of their actions.
EMPOWERED by paragraph (f) of article 54 of the Judicial Branch Act, HAS AGREED on the following:
Page 527
These norms will apply to the acts of all judges, civil servants and employees of the Guatemalan Judicial Branch, subject to provisions of other applicable norms.
The norms set out in this Agreement are binding on all Judicial Branch personnel whenever they apply. The bodies established by the Judicial Career Act and the Act Respecting the Judicial Branch Civil Service must, within their respective areas of competence, ensure strict compliance with these norms and, where necessary, impose appropriate sanctions in cases of a violation in accordance with the aforementioned laws.
For the purposes of this Agreement, the following definitions apply:
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Judge: Any civil servant elected to the position of magistrate or appointed to the position of judge.
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Employee: all auxiliary judicial personnel and all administrative and technical support staff.
c) A quo: a judge or tribunal whose decision may be appealed.
d) Ad quem: a judge or tribunal to whom a party has appealed the decision of a lower tribunal.
e) Sub judice: a case in process, pending judicial resolution.
Page 528
It is the State' duty to carry out the administration of justice, thereby providing an essential public service oriented toward resolving conflicts in a manner that preserves peace and the stability of the democratic system, as well as protecting human rights and the security of its citizens. This service must be of the highest quality and efficiency, taking into account each of the values and propositions set out in the second paragraph of the Preamble to this Agreement.
In exercising their function, judges must ensure that they conduct themselves with integrity and independence in their sensitive functions, thereby contributing to strengthening respect for, and confidence in, the judiciary.
All those who administer justice must use moderation in exercising the powers attributed to them, keeping in mind their personal responsibility for every action they take. Thus, they must continuously evaluate their own beliefs and convictions, while maintaining absolute respect for those of their colleagues when they form part of a bench together.
In fulfilling his or her duty to justify judicial decisions, the judge must not limit him or herself to citing the applicable legislation, especially where the decision relates to the substantial issues of the case. Rather, the judge must respond to the arguments and pleadings advanced by the parties so as to ensure that the decision appears reasonable and well founded to them.
In order to guarantee transparency, every judicial civil servant must record in writing, and permit publication of, all actions taken, subject to exceptions to the duty of public disclosure established by law.
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