Legal troubles delay swearing in of Guatemala constitutional court judges

Guatemala’s congress has sworn in only seven of 10 constitutional court judges because of constitutional appeals and procedural issues.

Yet, “from a logistics standpoint it shouldn't create an issue because the other three judges should stay until they are replaced. I don't know if that's what they will do,” constitutional lawyer Alexander Aizenstatd told BNamericas.

Two judges that could not be sworn in were selected by the lawyers’ association (CANG) and face procedural issues, while Gloria Porras’ (pictured) second term was blocked by two constitutional appeals.

One appeal was filed with Universidad de San Carlos de Guatemala (USAC), which appointed her, and another with an administrative court.

“It shows the institutional breakdown of the country when a simple process can’t be achieved,” international relations analyst Roberto Wagner told BNamericas. “Investors will view Guatemala with even more uncertainty as the court has been key in upholding the rule of law.”

Porras has faced a myriad of charges since 2015, among them allegations of neglecting her duties when constitutional court judge Neftaly Aldana became terminally ill and couldn’t discharge his duties. Aldana was planned to be replaced by a conservative judge, a move Porras blocked. The latest legal actions could lead to her arrest as she lost immunity when her first term ended on April 13.

“I already knew all this before arriving, because it is clear to me that there is a conspiracy not to let me take [office],” Porras was quoted as saying in local outlet La Hora.

But Porras has Washington’s support. The process against here “undermines Guatemala’s commitment to an independent judiciary and addressing systemic corruption,” the state department’s acting assistant secretary Julie Chung tweeted.

USAC must now prepare a report on the situation, potentially leading to a full injunction. Tensions rose during the swearing in of the other judges as former military personnel protested outside congress.

Aizenstatd said if the appeal was accepted, it could go to the constitutional court with a result expected in a couple of days. If it was rejected, Porras will be sworn in without problems. 

The lawyers that were confirmed are Leyla Lemus, Juan José Samayoa, Roberto Molina Barreto, Walter Jiménez, Dina Ochoa, Luis Rosales and Rony López.  

Photo credit: Guatemala constitutional court