Court Admits Class Action Against Bolivian Auth...

The Judicial Council oversees the disciplinary aspects of the judicial process and provides an impartial body to review the actions of judges. Its powers include the authority to conduct administrative investigations and to censure for malpractice judges at all levels found culpable of malfeasance. By early 1999, the Judicial Council had investigated numerous reports of judicial corruption, which led to the resignation or dismissal of more than 20 judges in Santa Cruz, Cochabamba, and La Paz. One of the dismissed superior court judges, who allegedly accepted bribes from narcotics traffickers, protested his dismissal to the Constitutional Tribunal. In October 1999, the Constitutional Tribunal ruled that the Judicial Council did not have the power to dismiss a superior court or higher level judge. The Tribunal ruled that the removal of such a judge from office requires a final judgment and sentence of conviction in a criminal case tried before the Supreme Court. The Tribunal's decision dealt a serious blow to the Judicial Council, weakening its role as a disciplinary body. Nevertheless, the Council retains its power to suspend without pay, for up to 13 months, judges against whom a criminal charge has been filed or against whom a disciplinary process has been initiated. At year's end, legislation was pending to give the Council the power to effect suspension of up to 3 years or specifically to establish the Council's power to dismiss judges found guilty of malpractice by the Council.

Court admits class action against Bolivian auth...

Following Operation JUST CAUSE, which occurred in Panama during December 1989 and January 1990, some 1,700 claims were filed that asked for more than $255 million in damages allegedly caused by looting in the wake of the American intervention. The U.S. District Court for the District of Columbia dismissed a class action that attempted to force establishment of a claims tribunal to pay compensation in these instances. Ruling that the judiciary could not question executive branch decisions relating to the overseas deployment of military forces, the court also dismissed 17 lawsuits, filed by more than 120 plaintiffs, that asked in excess of $80 million in property damage and personal injuries. An appeal of the dismissal of JUST CAUSE actions in the Court of Appeals for the District of Columbia Circuit was still pending at the end of FY 91. 041b061a72