Spanish
Santo Domingo. – The Third Chamber of the Supreme Court of Justice (SCJ) annulled sentence number 0030-1642-2024-SSEN-00076, issued on February 26, 2024 by the Fourth Chamber of the Superior Administrative Tribunal (TSA), which had ordered the dismissal of judge Juan Francisco Rodríguez Consoro, then magistrate of the Ninth Instruction Court of the National District, attached to the Permanent Attention Office.
The decision, contained in the SCJ-TS-25-1780 ruling dated June 30, 2025, responds to the appeal for cassation filed by lawyers Eduardo Jorge Prats, Luis Sousa Duvergé, and Roberto Medina Reyes, representatives of the magistrate.
The origin of the disciplinary process
Rodríguez Consoro was subjected to a disciplinary investigation after issuing a dismissal order as a substitute judge of the Sixth Instruction Court, favoring the defendants in the Los Tres Brazos case. The Public Ministry appealed the decision and the First Chamber of the Court of Appeals of the National District partially revoked the ruling, maintaining the dismissal for five defendants, including Rosabel Castillo Rolffot and the company Titulatec SRL, but revoking it with respect to other defendants. Subsequently, the Third Collegiate Court of the National District declared the termination of the process due to the expiration of the maximum duration period in favor of the other defendants. Currently, the case is still pending in the Supreme Court of Justice. The Supreme's fundamentals
The SCJ determined that the TSA incurred a substantial defect in motivation, by not ruling on central arguments of Consoro's defense. Among the ignored points were complaints of:
Judge Consoro had publicly denounced a "discredit campaign" against him by members of the Public Ministry, also pointing to the president of the Supreme Court, Luis Henry Molina, and the Judicial Council for violating his rights. He alleged that everything responded to political and media pressures. The SCJ ruling, which annuls his dismissal, turns the disciplinary process around and exposes several of the claims made by the magistrate.
Rodríguez Consoro was subjected to a disciplinary investigation after issuing a dismissal order as a substitute judge of the Sixth Instruction Court, favoring the defendants in the Los Tres Brazos case. The Public Ministry appealed the decision and the First Chamber of the Court of Appeals of the National District partially revoked the ruling, maintaining the dismissal for five defendants, including Rosabel Castillo Rolffot and the company Titulatec SRL, but revoking it with respect to other defendants. Subsequently, the Third Collegiate Court of the National District declared the termination of the process due to the expiration of the maximum duration period in favor of the other defendants. Currently, the case is still pending in the Supreme Court of Justice. The Supreme's fundamentals
The SCJ determined that the TSA incurred a substantial defect in motivation, by not ruling on central arguments of Consoro's defense. Among the ignored points were complaints of:
- Violation of the right to defense in the provisional suspension.
- Late and irregular notification of the beginning of the disciplinary investigation.
- Alleged violation of the presumption of innocence due to information leaks to the press.
- Lack of integration of their personal file into the process.
- Alleged distortion of facts related to a telephone contact with a prosecutor.
Judge Consoro had publicly denounced a "discredit campaign" against him by members of the Public Ministry, also pointing to the president of the Supreme Court, Luis Henry Molina, and the Judicial Council for violating his rights. He alleged that everything responded to political and media pressures. The SCJ ruling, which annuls his dismissal, turns the disciplinary process around and exposes several of the claims made by the magistrate.
