Dominican Republic and Haiti: Country Studies

Dominican Republic and Haiti: Country Studies
Until a 1994 constitutional reform enacted substantial
changes to the 1966 constitution, the judiciary was particularly
dependent upon the other branches of government. Prior to
the reform, judges were chosen by the Senate, not by the president,
ostensibly to limit executive power. The Senate also
selected judges for the lower courts. Because judges were not
named for any specific term of office, the result was a highlv
politicized process of nomination and rotation in office. Furthermore,
the president could name all public emplovees in
the judicial branch, as well as temporarily name judges if vacancies
occurred. Other problems cited as affecting the judiciary
have included low pay, poor working conditions, staff shortages,
and allegations of corruption and influence-peddling.
The 1994 constitutional reform was intended to enhance the
independence and autonomy of the judiciary. It called for the
establishment of a Council of the Magistrature (Consejo de la
Magistratura) whose sole purpose is to name the judges of the
Supreme Court. The Council consists of the president, the
president of the Senate, a senator chosen by the Senate from a
political party different from the president of the Senate, the
president of the Chamber of Deputies, a representative chosen
by the Chamber from a party different from the president of
the Chamber, the president of the Supreme Court, and
another judge from the Supreme Court, chosen bv the Court.
The reform gave the Supreme Court the power to select judges
for all the courts under it, as well as to name administrative personnel
for the judicial branch. Furthermore, it called for the
establishment of a judicial career (judicial civil service), and
for life tenure forjudges in the context of this judicial civil service.
And, it enabled the president, the president of the Senate
or the Chamber, or any interested partv to appeal to the
Supreme Court to review the constitutionality of a law. After
the new court was installed, it held public hearings to evaluate
all sitting judges and replaced about two-thirds of them.
Requirements for appointment as a Supreme Court justice
and other powers of the Court remain as established bv the
1966 constitution. Supreme Court justices must be Dominican
citizens by birth or origin, at least thirty-five years old, with full
political and civil rights. They are required to have a law degree
and to have practiced law or held judicial office for at least
twelve years. These requirements become progressively less
strict for lower-court justices. The Supreme Court has the
exclusive power to assume jurisdiction in matters affecting the
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