Bill 121.

Summary.

The bill proposes to regulate Community Peace Justice and alternative methods of dispute resolution. It establishes the Special Jurisdiction of Community Peace Justice, exercised by community judges and mediators in the corregimientos, and places its organization and operation under the Ministry of Government (Ministerio de Gobierno). Under its coordination, it places the Evaluation and Disciplinary Oversight Commission (Comisión de Evaluación y Supervisión Disciplinaria), the Appeals Commission (Comisión de Apelaciones), the Alternative Dispute Resolution Directorate (Dirección de Resolución Alterna de Conflictos), and the Interinstitutional Commission (Comisión Interinstitucional). It establishes principles of equal access, voluntariness, confidentiality, cultural diversity, promptness, equity, free access, independence, impartiality, informality, neutrality, oral proceedings, accountability, fundamental rights, and transparency. It allows parties to act without a lawyer and makes proceedings subject to the Political Constitution and the human rights treaties ratified by Panama.

It provides for a Community Peace Justice Center in each corregimiento. Additional centers may be created, or a center’s jurisdiction may extend to more than one corregimiento, under the conditions stated in the text. The centers must provide physical and digital resources for proceedings and send quarterly case reports to the Alternative Dispute Resolution Directorate. Each center will have, at a minimum, a judge, a secretary, a mediator, and office or service-of-notice staff. The secretary may substitute for the judge if qualified to practice law; if the substitution exceeds 15 working days, the secretary will receive equivalent pay for that period. The Directorate will designate substitutes for vacations and, in the event of resignation or dismissal, convene the Evaluation and Disciplinary Oversight Commission within 30 days.

The Ministry of Government’s budget will cover operations and salaries. A community judge’s monthly salary may not be less than 1,000 balboas (B/. 1,000.00), and the Interinstitutional Commission will review staff salaries every 4 years in light of fiscal conditions. The service will be free of charge and continuous according to the needs of the corregimiento. The bill provides for service at night, on weekends, and on public holidays in the specified locations. In corregimientos with high levels of conflict, the night judge may adopt immediate provisional prevention and protection measures; matters will be transferred to the day judge or the competent authority within 24 hours.

The community judge will resolve disputes through alternative methods and may adopt provisional, punitive, and restorative measures. The judge will also administer the center, supervise its staff, and request institutional support. The judge must reside in the corregimiento or district where they serve. The mediator will facilitate communication between the parties and work with the judge to restore community relationships. Both positions have requirements concerning nationality, training, and the absence of certain convictions. The judge must demonstrate a law degree and authorization to practice law, relevant studies, and a psychological assessment; restrictions apply concerning family relationships, political party membership, commercial activities, and holding other positions. The mediator must demonstrate training and registration; certified mediators and conciliators may apply for community registration after completing the prescribed course.

The Evaluation and Disciplinary Oversight Commission will select judges with representatives from the Alternative Dispute Resolution Directorate, civil society, and the Office of the Attorney General for Administration (Procuraduría de la Administración). The Ministry of Government will issue the public call for applications, verify requirements within 8 working days, and refer eligible applicants. The Commission will evaluate documents and interviews, assign scores, and submit a shortlist of 3 candidates within 15 days. The head of the Ministry will appoint the selected candidate within 3 working days. The appointment will last 5 years, with the option to seek another term subject to a performance evaluation. The title announces the replacement of Law 16 of 2016. The text connects the Ministry of Government, the Supreme Court of Justice (Corte Suprema de Justicia), and its Fourth Chamber for General Matters (Sala Cuarta de Negocios Generales) with the administration and accreditation of these positions; it would be of interest to residents of the corregimientos, aspiring judges, mediators, and dispute resolution services.