Top Federal Justice A Cuevas López

The Third District Court Considered Illegal The Integration Of The Control Body Of The Morelense Judiciary And Order To Replenish The Process

Top Federal Justice A Cuevas López

For The Third Time, A District Judge Declared The Invalidity Of The Election Of Two Of Three Members Of The Board Of Administration, Surveillance And Discipline Of The Judicial Branch Of The State Of Morelos Because The Quorum Necessary To Carry Out The Appointment Was Not Fulfilled.

In Resolving The Amparo Trial 844/2019, The Third District Court Granted The Protection Of Federal Justice To The Magistrate And Former President Of The Superior Court Of Justice (Tsj), Nadia Luz Lara Chávez, Who Challenged The Appointment Of Her Elda Counterpart Flores León And Alejandro Becerra Arroyo As Representatives Of The Magistrates And Judges, Respectively, In The Collegiate Body That Substituted The Extinct Judiciary Council.

With Argument Similar To Those Held By The Second District Court, Which Granted The Protection To Judges Bertha Rendón Montealegre And Rocío Bahena Ortiz, The Third District Court Ruled That The Agreement Issued In Ordinary Session Of The Plenary Session Of The State Superior Court On June 3, 2019, “it Did Not Meet The Requirements Established For Numerals 86, 93 Of The Political Constitution Of The State Of Morelos, 27 Second Paragraph, 28 Of The Organic Law Of The Judicial Power Of The State Of Morelos And 17 Of Its Regulations ”.

He Stressed That These Provisions Establish That Decisions In The Plenary Of The Tsj Must Be Taken By A Majority Of Votes And Will Be Valid With The Assistance Of At Least Two-thirds Of The Magistrates (Twelve Judges), Which Implies That The Quorum Must Be Fulfilled Not Only At The Beginning Of The Session But Also At The Time Of The Voting Of The Agreements.

In This Case, The District Court Indicated That The Appointment Of A Magistrate And A Judge Of First Instance Agreement To Integrate The Board Of Administration, Surveillance And Discipline Was Unlawfully Approved, With “only Nine Magistrates, Pretending That The Decision Was Taken The Plenary Session Of The Court, Would Fall Into The Extreme, That The Decisions Of The Plenary Court, A Unilateral Decision Of Its President, Can Even Be Taken With A Quorum Not Established By Law.

“in Those Circumstances, Since The Formalities Established In The Law Have Not Been Respected, So That The Plenary Session Of The Superior Court Of Justice Of The State Of Morelos, In The Ordinary Session Of June 3, Two Thousand Nineteen, (…) What Proceeds Is Grant The Requested Protection And Protection, So That The Magistrate President Of The Superior Court Of Justice Of The State Of Morelos, And Other Responsible Authorities Return The Things To The State In Which They Were At The Moment In Which The Alleged Violation Occurred And Thus Restore The Complaining Party In The Full Enjoyment Of The Individual Guarantees That Were Transgressed. ”

Several Amparo Trials Promoted By Judges Of The Opposition Block To The Judge President Of The Tsj, María Del Carmen Cueva López, Are Still In Progress.