Politics of The Dominican Republic - Judicial Branch

Judicial Branch

The Judicial Power is charged of administering justice in order to ensure the respect, protection and supervision of rights recognized under the Constitution and laws. Its higher organ is the Supreme Court of Justice, which is composed of 16 judges appointed by the National Council of Magistrates, an entity created by the constitutional reform of 1994 to ensure the independence of the Judicial Branch.

The National Council of Magistrates is nominated by the three major political parties. It is presided by the President of the Republic and has the following members:

• The President of the Senate, and a Senator chosen by the Senate from a different party than the President of the Senate.
• The President of the Chamber of Deputies, and a Deputy chosen by the Chamber of Deputies from a different party than the President of the Chamber of Deputies.
• The current President of the Supreme Court of Justice.
• A judge of the Supreme Court of Justice chosen by this court, which serves as Secretary.

The Supreme Court hears appeals from lower courts (as a Court of Cassation) and chooses members of lower courts. It has sole jurisdiction over actions against the President, designated members of his cabinet, and members of Congress. It has administrative and financial autonomy.

Apart from working as an appeals court for all judgments rendered by judicial courts, the Supreme Court supervises all judges in the Dominican territory. Its judicial and administrative functions may be summarized as follows:

• To decide on appeals as statutorily established.
• To decide as last instance on the matters that are under the jurisdiction of Appeals Courts as court of first instance.
• To decide as only instance on the criminal cases against the President and Vice-president of the Republic, Senators, Deputies, Ministers, Vice-ministers, Supreme Court Judges, Public General Attorney, Judges and General Attorneys of Appeals Courts, State attorneys of the Land Courts and Judges of Administrative Courts.
• To decide as only instance on the constitutionality of laws, at the request of the Executive Power, one of the Presidents of the legislative chambers or an interested party.
• To appoint the judges of the Appeals court, the Land courts, the Courts of First Instance, the Judges of Instruction, the Peace Courts and their deputies, the Administrative-Tax Court and the judges of any other judicial courts created by law, according to the provisions of the Law on Judicial Career.
• To exercise the highest disciplinary authority on all members of the Judicial Power, being able to impose sanctions such as suspension, removal or prison.
• To transfer provisionally or definitively from one jurisdiction to another, as it may deem necessary, the judges of the Appeals Court, the judges of First Instance of the Land Courts, the Judges of Instruction, the Peace Judges and other court judges created by law.
• To create the administrative positions that may be necessary to comply with the attributions granted by the Constitution and laws.
• To appoint all officers and employees of the Judicial Power.
• To determine the wages and other payments of Judges and administrative personnel belonging to the Judicial Power.