Deputies practicing law a conflict of interest
ALLOWING lawyers who are sitting members of the National Assembly to practice their profession would create conflicts of interest says a former Supreme Court Judge,
Esmeralda De Troitiño issued the warning after the full National Assembly passed a resolution granting leave for deputies who are lawyers to practice even when the Legislature is sitting, acting contrary to the provisions of Article 158 of the Constitution says a La Prensa report
“They [deputies] are exercising state power in the legislative branch and the standard is set so that no competing interests may be at stake” saidDe Troitiño.
The president of the National Bar Association, José Alberto Álvarez, said Article 158 of the Constitution is clear. “The deputy may not be a representative and counsel at the same time,” he said.
Article 158 of the Constitution states: “Members shall not engage themselves or through intermediaries any contract with State agencies, or institutions or companies linked to this, and admitting no power to conduct business before these bodies, institutions or companies. “
In paragraph 4 of this article explains that the following cases are exempted from this prohibition: “when the deputy acting in the exercise of the profession of lawyer in the judiciary, out of the session or in the license granted by the plenary of the National Assembly.”
The first to realize that there is a wrong interpretation of the rule was the independent legislator and former Attorney General Ana Matilde Gómez, who said that licensing embers who are lawyers during the session, is circumventing the legislative function so they can go to court to litigate. “The spirit of the Constitution is to establish first the principle of ethics,” she said.
The president of the National Bar Association, José Alberto Álvarez, Article 158 provides for two specific times; one that is giving the right to exercise their profession deputy when the Assembly is not in office and the second is for the Member ceases to be a lawyer and practicing as a lawyer.
He said that what he says this rule is that the Member may request a leave from his post to go to practice.
“You cannot be a deputy and lawyer at once. At the time he is working in the Assembly, he cannot have two functions, “he said.
He argued that tis is an interpretation of convenience, because for years such ractions have not been questioned.
The new President of the Assembly, Adolfo Valderrama, argues that the Rules of the Assembly empowered it to grant these licenses. However, he announced the creation of a legislative committee to review this policy and others contained in the law.
“You have to make corrections to the regulations, but you have to see if the law is important. If you have to change that rule, the resolution will be set, “he said.
In addition to this prohibition in the Constitution’s other restrictive standards for the deputies.
One is the impediment for members of the legislature, both primary and alternate (Article 153 of the Constitution), to accept public paid employment. In previous periods, most, have taken remunerated, public positions while maintaining seats the legislature.
Currently 71 alternate receive a salary of $2000 per month.