Summary.
The bill amends Law 16 of June 17, 2016, which establishes community justice of the peace and provisions on community mediation and conciliation. It provides that the special jurisdiction would be exercised through community judges and community mediators, with support from public and private entities specializing in alternative dispute resolution, the Public Prosecutor’s Office (Ministerio Público), and the Judicial Branch (Órgano Judicial), within their respective powers. It makes that jurisdiction nonwaivable and nondelegable. The Judicial Branch would keep statistics on matters handled by community justice centers, including cases referred to specialized institutions.
Each corregimiento (district) would have a community justice center. The Judicial Branch could establish additional centers after considering the size of the corregimiento, its level of conflict, its population, and available budget. The salaries and other employment benefits of community judges, community mediators, and other center staff would be charged to the budget of the Judicial Branch of Panama (Órgano Judicial de Panamá). Community justice of the peace would be provided free of charge and without interruption, in accordance with the Constitution (Constitución) and the laws of the Republic of Panama (República de Panamá). The Higher Court of Justice (Tribunal Superior de Justicia) for the relevant judicial district would prepare the rules governing the centers’ operation.
To serve as a community judge, a person would have to be a Panamanian national, be at least 25 years old, have 3 years of professional experience, and be a duly qualified lawyer. Applicants would also have to pass a training course given by the Office of the Attorney General for Administration (Procuraduria de la Administración) or the Higher School of the Judiciary, have resided in the relevant corregimiento for at least the preceding two years, and submit an application to the Judicial Branch, a municipal or circuit court, or through electronic procedures established for that purpose. They would also have to have no criminal conviction and no pending domestic violence complaint.
Applicants would be subject to family relationship restrictions concerning justices of the Supreme Court of Justice and directors or senior officers of the Judicial Branch. In the judicial district where they would work, the restrictions would also cover Higher Court judges, prosecutors, and circuit and municipal judges. The bill repeals several provisions of the amended law. It further provides for an enforcement and appeals commission composed of community judges from nearby corregimientos, with judges from nearby districts available in the circumstances specified. The commission would decide jointly whether to reverse, modify, or affirm an oral ruling within thirty days after receiving an appeal. Decisions of community judges would not be appealable before the administrative litigation courts. The proposed law would take effect one year after its promulgation.
The bill concerns the Judicial Branch, the Public Prosecutor’s Office, the Office of the Attorney General for Administration, and the courts it names. Its provisions could affect applicants and staff in community justice, corregimiento residents, and entities providing alternative dispute resolution services.
What it proposes.
- Organization of community justice of the peace.
- Qualifications and family relationship restrictions for community judges.
- Enforcement and appeals concerning their decisions.
Who it would affect.
- Community judges and applicants for those positions.
- Mediators and staff of community justice centers.
- People using community justice services.
- Entities supporting community mediation and conciliation.
Key points.
- Community judges and mediators would exercise the jurisdiction, and the Judicial Branch would record statistics on cases and referrals.Art. 1
- Each corregimiento would have a community justice center, with additional centers possible under the stated criteria.Art. 2
- The Judicial Branch budget would cover salaries and benefits for community justice center staff.Art. 3
- The service would be free and uninterrupted, and the Higher Court of Justice would regulate center operations.Art. 4
- The bill sets nationality, age, experience, professional qualification, training, residence, and background requirements for community judges.Art. 5
- Applicants would face family relationship restrictions involving specified judges, prosecutors, and senior judicial officers.Art. 6
- The provisions of the amended law identified in the bill would be repealed.Art. 7
- The bill regulates the enforcement and appeals commission, its decision period, and the exclusion of administrative litigation appeals.Art. 8