The Second Chamber of the Constitutional Court (TC) declared a petition by the National Association of Judges (ANMM) admissible on Tuesday, October 20, in a split vote. The petition challenges removal proceedings opened by the Supreme Court against judges who traveled abroad while on medical leave.
CNN Chile reported the decision. Justices María Pía Silva, Catalina Lagos and René Gómez voted in favor. Justices Raúl Mera and Marcela Paredo voted against.
Removal case files are the records through which the Supreme Court processes the removal of a judge for failing to maintain the "good conduct" required by the position. The ANMM argues that the law does not establish a clear procedure for these cases and is asking for one to be established.
The petition’s admissibility does not mean that the TC has ruled in the association’s favor. It means that the petition meets the formal requirements and that the full court must now rule on its merits.
According to La Tercera, the decision verified compliance with Article 93, eleventh paragraph, of the Constitution and Articles 83 and 84 of Law No. 17,997, the Constitutional Organic Law governing the TC. The chamber previously heard from the ANMM and the Supreme Court, represented by the State Defense Council (CDE), the body that defends the state in court.
The association is represented by lawyers Elisa Walker, Claudia Sarmientos and William García. Walker told La Tercera that there is "an institutional gap in the law". She acknowledged that the Supreme Court has the power to remove judges, but said that doing so requires a process in which those affected can be heard and present evidence.
The lawyer added that, in her view, the principles of specificity, legality, due process, equality, security of tenure and judicial independence are being violated. Security of tenure is the guarantee that protects judges from removal from office except on serious grounds established by law. Walker described the TC’s decision as "a very important milestone".
The available sources do not detail the substantive position of the Supreme Court or the CDE, or how many judges face these proceedings.
The decision orders that the petition be brought to the attention of the Chamber of Deputies, the Senate and the President of the Republic, who will have a period of twenty days to submit observations and supporting information before the full court rules.
