A magistrate’s family dilemma

There is no prohibition or limitation in the Judicial Code for a person with a spouse or close family member involved in a judicial case to exercise the position of the magistrate of the Supreme Court of Justice writes La Prensa columnist and lawyer  Rodrigo Noriega

Magistrate Cecilio Cedalise is not a member of the Criminal Chamber of the Court and, due to provisions of the Code of Criminal Procedure and the Judicial Code , he could not know any procedure or resource related to his son Christian.

There are inherent dangers in a senior official having such a close relative in provisional detention for the alleged commission of a drug-related crime.

 This does not mean, in any way, that Christian Cedalise is guilty of criminal conduct. He is entitled to the presumption of innocence and due process.

However, the mere fact that the young Cedalise is at the disposal of the prison system requires important safeguards for the security of the accused, because a threat to his life may be a way of putting pressure on the magistrate.

Another aspect of this dilemma is that the treatment that the accused Cedalise Jr. receives, whether favorable or unfavorable, will be seen by public opinion as a form of influence. Perhaps the most complex aspect of this situation will be the father’s behavior regarding his son’s legal case.

As explained, there is no prohibition whatsoever for the exercise of the office of the magistrate of the Court in a situation such as that described.

The scope of this dilemma includes the perception of public opinion, as well as the reputation of the judicial system. It is a problem that manifests itself as an ethical question: should a magistrate resign or leave office so that a father can fully accompany his son? Can justice act pristine and diligent, in such a way that there is no doubt of the result?

The dilemma does not have easy solutions: what is the question that Judge Cedalise should consider on this matter? The answer will be what he decides to do as a parent.

 It is his personal decision and must be respected. Whether he departs from the Supreme Court or remains in it, legality will be on his side. This decision is not in the law books but in the conscience of the judge.