Costa Rica has introduced a new bill, the “Law of the Disciplinary Regime of the Judiciary,” developed in collaboration with the United States. This proposed law would regulate the misconduct of judicial officials, including the creation of a dedicated court to sanction disciplinary violations by these officials.
The draft was developed with the assistance of the National Center for State Courts, and the U.S. Embassy’s Bureau of International Narcotics and Law Enforcement Affairs also contributed to the initiative.
“This initiative is critical in combating corruption and strengthening public confidence in Costa Rica’s justice system,” said U.S. Ambassador Cynthia Telles.
The Ambassador further explained that this new code aims to create a more effective justice system, anchored in the consolidation of a robust disciplinary regime within the judiciary. It also ensures that mechanisms for applying justice will meet the highest standards of transparency and international best practices, while respecting the rights of judicial officials.
Porfirio Sanchez, one of the magistrates involved in the proposal, noted that the draft introduces reforms in several key areas, including the collection of evidence and procedures for administrative investigations.
The proposed regulation defines two categories of offenses: minor and serious. It also consolidates 38 separate conduct violations currently dispersed across various regulations into a single law.
“Serious misconduct would be punishable by up to six months of suspension or dismissal without employer liability, while minor offenses could result in suspensions of up to three months,” Sanchez explained.
Magistrate Jorge Leiva added that the draft law explicitly addresses key judicial principles, including judicial independence, the principle of legality, the presumption of innocence, impartiality, and the right to a free and fair trial in disciplinary matters.
The bill, which must be approved by the Legislative Assembly, would be the first law of its kind in the region.
