It is not usual for the Permanent Commission to vote against the proposal drafted by the disciplinary authority after the opening of information proceedings on the actions of a judge. But it is also not frequent, consulted sources assure, that the promoter intends to settle these proceedings with a report in which he assumes the judge’s allegations without subjecting it to debate by the Disciplinary Commission, the one competent to resolve files opened for serious and very serious infractions. Sources from the governing body of the judges point out that the alternate president of the body, Vicente Guilarte, has proposed during the meeting of the Permanent Commission held this Wednesday that the most appropriate thing would be to reject the promoter’s proposal to file and send the case to the Commission. Disciplinary, and the other six members of this body (three from the conservative sector and three from the progressive) have agreed.
The tweets for which the CGPJ has opened an investigation into Ruiz de Lara, a member of the Professional Association of the Judiciary (APM), were published on the afternoon of November 20, 2023 and in the previous days: “Who was going to tell us to say that we were going to be presided over by a pathological narcissist with clear traits of a psychopath without ethical limits and willing to do anything, even destroy the rule of law, to remain in La Moncloa.” “It was logical that a pathological liar like @sanchezcastejon choose the pathological lying servant @felixbolanosg at the head of the ministry of @justiciagob so that he could manipulate, omit the demands of @CoeGreco and continued the path of attack @PoderJudicialEs WE WILL RESIST.” He called the State Attorney General, Álvaro García Ortiz, “the personification of dishonor in the race.” “Like Grande-Marlaska, Margarita Robles, Pilar Llop, the ‘nonsense podemita’ prefer, dishonoring the toga, to drag themselves in indignity for the crumbs of a position.”
The argument of the person in charge of the Council’s disciplinary authority, Ricardo Conde, is that, once the account is deleted, it is not possible to verify the existence of the reported messages, whose authorship the magistrate has not recognized, nor determine whether he wrote them giving know his status as a judge. In the profile of that account, its author identified himself as “magistrate,” but later modified this presentation and deleted that reference. The promoter also uses precedents for archiving information proceedings opened following statements made by judges in public interventions, based on the fundamental right recognized to members of the Judiciary to exercise their freedom of expression as citizens.
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Ruiz de Lara has sent allegations in which he assures that he never wrote the messages for which he was investigated and distancing himself from the account from which they were written, despite the fact that there are numerous traces on the Internet in which he is identified with that account. . Many of these links are set out in a report sent to the promoter by the CGPJ communications office. This document highlights that on Thus, for example, Ruiz de Lara appears cited and identified with the address of legal disclosure”, which did not win.
Legal debates
Ruiz de Lara was already investigated in 2017 by the promoter of the disciplinary action for organizing legal debates. Then, the CGPJ agreed to file the proceedings after investigating the possible commission of three disciplinary infractions: a very serious offense consisting of the exercise of activities incompatible with the position of judge or magistrate; another very serious offense of abuse of the status of judge to obtain favorable and unjustified treatment from authorities, officials and professionals, and a serious offense for the exercise of activities considered compatible with the position without having obtained the relevant authorization. The disciplinary authority considered that the facts did fit this last offense, but it was already prescribed.
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