Bill 168.

Summary.

The bill amends Article 2 of Law 350 of December 21, 2022. Under the proposed wording, the Supreme Court of Justice (Corte Suprema de Justicia) would issue a certificate of professional eligibility to practice law only to a Panamanian national who meets the stated degree requirements. Those requirements cover a bachelor’s degree in Law or in Law and Political Science awarded by a public university or by a private university duly authorized to operate in the territory of the Republic of Panama, provided the law gives the degree official recognition.

The amended provision also covers either degree when awarded by a recognized university abroad. In that case, the degree would first have to be validated by the University of Panama (Universidad de Panamá). An international agreement could exempt the applicant from validation if it did so in exact and precise terms. The Supreme Court of Justice would apply these nationality and academic requirements when deciding whether to issue the professional certificate.

The bill then repeals Article 3 and Article 5 of Law 350 of December 21, 2022, in their entirety. It sets out each repeal in a separate article. Its next amendment concerns Article 9 of the same law and addresses how public servants deal with legal representation and the practice of law.

Under the proposed Article 9, a public servant who accepts a person without professional eligibility as an attorney-in-fact, adviser or spokesperson, or who otherwise facilitates, authorizes, permits or sponsors unauthorized legal practice, would be suspended from office for thirty days for a first occurrence. A repeat occurrence would result in dismissal. These penalties would apply without prejudice to the internal regulations of the institution where the public servant works.

The same penalties would apply to a public servant who refuses to accept a lawyer’s representation or who, for any cause or reason, obstructs or restricts the practice of the profession. A subsequent provision identifies Articles 2 and 9 as the amended provisions and Articles 3 and 5 as the provisions repealed in full. The bill closes by providing that the proposed law would take effect upon promulgation.

The public bodies connected with these provisions are the Supreme Court of Justice, the University of Panama and the institutions employing the public servants covered by the penalty provision. The bill could concern applicants for professional eligibility, lawyers conducting matters before public institutions, public servants who receive those matters, and universities awarding the degrees specified for legal practice. Its provisions address both the academic route to eligibility and conduct in public offices when a lawyer seeks to act professionally.