The Dominican Republic’s new 2024 Constitution, which names the National Council of the Magistracy (CNM) as the body in charge of selecting the Attorney General, is facing a legal hurdle that is delaying the appointment of a new chief prosecutor.
Before the constitutional reform, the President held the sole authority to appoint the Attorney General. However, the new system requires the President to propose a candidate to the CNM, which then makes the final decision.
The primary obstacle is Law 138-11, enacted in 2011, which outlines the CNM’s functions. To accommodate the constitutional changes, this law must be amended.
“This law (138-11) needs to be adapted to the new Constitution; and until there is a new law, the council will not be convened,” said Antoliano Peralta, the Executive Branch’s legal advisor.
The ruling PRM party is majority in the Senate and the Chamber of Deputies.
Peralta reportedly met with senators to discuss the necessary modifications to Law 138-11, which is already under review by a special Senate committee. The law also governs the CNM’s selection of Supreme Court justices, Constitutional Court judges, and Higher Electoral Court judges.
The proposed legislation includes provisions detailing the selection process for the Attorney General and Deputy Attorneys, requiring a minimum of five favorable votes from CNM members. If the CNM rejects the President’s initial nominee, the President can propose another candidate within 30 days.
The new Attorney General and Deputy Attorneys would serve two-year terms and could be reappointed by the CNM.
Current Attorney General Miriam German Brito had prepared to leave the position with the start of the second term of President Luis Abiander on 16 August 2024. Nevertheless, President Luis Abinader asked her to remain in the position until her successor is named.
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Listin Diario
12 November 2024