The National Council of the Magistracy will need to be convened by President Danilo Medina to fill four vacancies that are coming up since judges have completed their terms or are to be rotated out due to age. Judges Leyda Margarita Piña, Jottin Cury David and Idelfonso Reyes were elected for a six-year term that expires on 27 December 2017. The three, nevertheless, are eligible to be reconfirmed in their positions for nine-year terms. The 2015 Constitution makes the exception that the first member judges are appointed for six years with the possibility of being eligible to serve for another nine years.
The Dominican Constitution establishes that the justices cannot be removed during their term of office and their tenure shall end only in case of death, resignation or removal for serious misconduct in the performance of their duties.
Another judge, Victor Gomez Berges, who was also appointed for a six-year term, cannot be reconfirmed in the position because he is already reached the obligatory retirement age of 75 years.
Appointments of the judges are staggered so that the partial turnover of the membership occurs at three-year intervals.
Judges Katia Miguelina Jiménez Martínez, Hermógenes Acosta de los Santos, Wilson Gómez and Ana Isabel Bonilla will complete their tenure in December 2020.
Judges Milton Ray Guevara, president of the Constitutional Court; Justo Pedro Castellanos Koury, Lino Vásquez Samuel, Víctor Joaquín Castellanos Pizano and Rafael Díaz Filpo will serve until 2024.
El Dia newspaper observes that the replacement of the four judges is of special interest given that persons close to the President of the Republic are arguing that re-election can be reinstated without a constitutional reform if the Constitutional Court declares the pertinent article in violation of the Constitution. There are two precedents where this has occurred in Latin America this year – in Honduras and Bolivia.
The National Council of the Magistracy is made up by two representatives of the Executive Branch, two of the Judicial Branch and four of the Legislative Branch. The President of the Republic convenes the council. President Medina has majority in the Legislative Branch.
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El Dia
20 December 2017
