The Comprehensive Reparation Incident that slumbered “the sleep of the simply” as a result of negligence of a lawyer
– The National Judicial Discipline Commission censured the jurist, who after 5 years and 10 months couldn’t assess the quantity of reparation for the victims of a
site visitors accident in Chocó.
– The Court confirmed the primary occasion sanction, which means an annotation in the background of the lawyer who “rested on her laurels.”
As a results of a consultative assessment, the National Commission for Judicial Discipline confirmed the sanction of censure towards a lawyer for negligently incurring the offense described within the first paragraph of article 37 of Law 1123 of 2007.
The case arises from an incident of complete reparation for the crime of aggravated manslaughter, together with culpable private accidents, on account of a site visitors accident that occurred in Istmina, Chocó. The victims have been represented earlier than the Municipal Criminal Court by a lawyer who changed the ability of the jurist sanctioned on June 24, 2013.
However, it was not till May 16, 2019 that the primary listening to was scheduled, to which the authorized skilled was summoned as a consultant of the victims.
When the time for the proceedings arrived, that’s, 5 years, 10 months and 21 days from the second the method took over, the lawyer requested the postponement of the listening to, arguing that she had not ready the replace of the declare in accordance with the laws in power at the moment. , because the reparation had been calculated in grams of gold.
This scenario led the court docket of data to certify copies towards the lawyer and in June 2021 the Sectional Judicial Disciplinary Commission of Chocó opened an investigation into the jurist for incurring the offense contemplated in paragraph 1 of article 37 of the Law. 1123 of 2007, which refers to “failure to well timed perform the procedures inherent to skilled efficiency” and ignorance of the responsibility of numeral 10 of the article 28 which establishes that: “it’s the responsibility of the lawyer to take care of his skilled assignments with zealous diligence, which extends to the management of substitute and dependent attorneys, in addition to a the members of the agency o affiliation of attorneys that represents when signing a contract for the availability of companies, and a these you rent for the achievement of the identical«.
The Disciplinary Jurisdiction discovered it confirmed that the lawyer was negligent within the entrusted administration, since she ought to have had the replace of the claims prepared for the listening to on May 16, 2019, as she herself had referred, as a substitute of requesting the suspension of the proceedings. .
Furthermore, having data 5 (5) in the past and having been notified by e mail one (1) month and 7 (7) days previous to the listening to, that is greater than sufficient time to make the respective updates.
When her repute was compromised, the disciplined girl acknowledged that she had acted in its place legal professional within the course of, and mentioned that the delay in requesting the judicial replace of the reparation quantity was because of the truth that she was pregnant on two events, and if that weren’t sufficient, that when she meant to surrender the substitution of energy, she had been summoned to a listening to which she couldn’t attend as a result of her son had well being issues.
Despite these arguments, and upon reviewing the case at a consultative degree, the National Commission for Judicial Discipline discovered the lawyer’s actions culpable, since her negligent angle affected the rights of the victims.
For this purpose, in a ruling by the Highest Disciplinary Authority, with a presentation by Judge Magda Victoria Acosta Walteros, the sanction of censure imposed by the primary occasion was confirmed, which interprets into an annotation in your information.
The National Commission for Judicial Discipline reminds attorneys, officers and workers of the judicial system in Colombia that the missionality and work entrusted by the skilled oath and by residents, implies working for a simply order, that’s, for the advantage of those that come to the administration of justice to guard their rights with a way of alternative and consideration.
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