Background on the Judge and Relevance
A federal district court judge in Colima, Mexico, has been suspended by the Tribunal de Disciplina Judicial (TDJ) for repeatedly exceeding their authority and violating the principles of the criminal procedure. The judge’s actions have raised concerns about the correct administration of justice.
Details of the Judge’s Misconduct
The Comisión de Investigación del TDJ found that the judge acted as an active participant in reducing sentences agreed upon between the prosecution and defendants who opted for the simplified procedure (procedimiento abreviado) in at least four cases. These cases involved the commission of crimes related to firearm and drug possession.
The judge’s actions contravened articles III and IX of article 187 of the Ley Orgánica del Poder Judicial de la Federación, leading to the Comisión de Investigación’s decision to suspend the judge to prevent further risks to the proper administration of justice.
Provisional Suspension Details
The provisional suspension, communicated to the judge, aims to:
- Prevent the concealment or destruction of evidence;
- Stop any further negative impacts from the alleged administrative misconduct;
- Avoid obstructing the proper development of the administrative responsibility investigation procedure;
- Protect the integrity of individuals potentially affected by serious conduct.
These measures are in accordance with articles 123 of the Ley General de Responsabilidades Administrativas and article 98 of the Acuerdo General del Pleno del extinto Consejo de la Judicatura Federal (CJF) regarding administrative responsibilities, property status, control, and accountability.
Judge’s Repeated Misconduct
The communiqué states that the judge repeatedly reduced sentences agreed upon between the fiscalía and imputados opting for the simplified procedure. Tribunales de Alzada corrected these actions, stating that the judge’s acts were contrary to the law.
Furthermore, it was discovered that the judge granted conditional sentencing benefits beyond the agreed-upon penalties. This resulted in due process violations and failure to meet procedural requirements for initiating the simplified procedure.
Commitment to Legality and Due Process
The Comisión de Investigación reaffirms its dedication to legality, objectivity, and respect for due process, along with a zero-tolerance policy towards any form of illegal conduct during judicial functions.
