<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" > <channel><title>Comments on: Congress rejects re-election of magistrate for the first time in history</title> <atom:link href="https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/feed/" rel="self" type="application/rss+xml" /><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/</link> <description>Costa Rica&#039;s Leading English Language News Source</description> <lastBuildDate>Tue, 28 Oct 2025 04:55:00 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <generator>http://wordpress.org/?v=3.6.2</generator> <item><title>By: John Holtz</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2424</link> <dc:creator>John Holtz</dc:creator> <pubDate>Mon, 19 Nov 2012 14:03:35 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2424</guid> <description><![CDATA[Richard, I do not know you but you make a lot of common sense which is lacking in our little country. We are hypocrites at best. And when Rodrigo Aria needs to &quot;deny his involvement it become even more obvious.]]></description> <content:encoded><![CDATA[<p>Richard, I do not know you but you make a lot of common sense which is lacking in our little country. We are hypocrites at best. And when Rodrigo Aria needs to &#8220;deny his involvement it become even more obvious.</p> ]]></content:encoded> </item> <item><title>By: John Holtz</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2425</link> <dc:creator>John Holtz</dc:creator> <pubDate>Mon, 19 Nov 2012 14:03:35 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2425</guid> <description><![CDATA[Rcihard: We live in a &quot;Just when you think it couldn&#039;t get any worse, it does!&quot;]]></description> <content:encoded><![CDATA[<p>Rcihard: We live in a &#8220;Just when you think it couldn&#8217;t get any worse, it does!&#8221;</p> ]]></content:encoded> </item> <item><title>By: Richard Philps</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2420</link> <dc:creator>Richard Philps</dc:creator> <pubDate>Sun, 18 Nov 2012 20:33:47 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2420</guid> <description><![CDATA[The Legislature does not have the authority to expel a Judge on the basis that he, or she wrote dissenting judicial opinions on subjects that the Legislature wasn&#039;t in agreement with, which is the stated reason for the refusal to re-elect Magistrate Cruz. This is a clear interference with the the independence of the Judiciary and the right of any judge to engage in the writing of a dissenting opinion as a part of the exercise of his, or her proper judicial authority. The Constitutional Court (Sala IV) in Costa Rica can recieve from any ordinary citizen, an Application of Amparo (Mandamus), requesting an Order from the Court that any Public Institution fullfil its statutory obligations to provide a particular service. It is well within the Court&#039;s jurisdiction to pass judgement, as they deem appropriate, on any particular fact pattern presented to them, in that regard. The only restricting matters that the Legislature can consider, are actions that would be the subject of disciplinary proceedings, or mental, or physical incapacity of a Magistrate to discharge their judicial duties.]]></description> <content:encoded><![CDATA[<p>The Legislature does not have the authority to expel a Judge on the basis that he, or she wrote dissenting judicial opinions on subjects that the Legislature wasn&#8217;t in agreement with, which is the stated reason for the refusal to re-elect Magistrate Cruz. This is a clear interference with the the independence of the Judiciary and the right of any judge to engage in the writing of a dissenting opinion as a part of the exercise of his, or her proper judicial authority. The Constitutional Court (Sala IV) in Costa Rica can recieve from any ordinary citizen, an Application of Amparo (Mandamus), requesting an Order from the Court that any Public Institution fullfil its statutory obligations to provide a particular service. It is well within the Court&#8217;s jurisdiction to pass judgement, as they deem appropriate, on any particular fact pattern presented to them, in that regard. The only restricting matters that the Legislature can consider, are actions that would be the subject of disciplinary proceedings, or mental, or physical incapacity of a Magistrate to discharge their judicial duties.</p> ]]></content:encoded> </item> <item><title>By: Daniela Rosaura</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2416</link> <dc:creator>Daniela Rosaura</dc:creator> <pubDate>Sun, 18 Nov 2012 18:03:38 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2416</guid> <description><![CDATA[RIGHT ON!!! The time is ripe and must be done, before even more outrages are suffered. Enough! This relationship with the citizens -- the ordinary people of Costa Rica VS the government has become antagonistic. Like Thomas Jefferson says, when a government no longer serves us, WE THE PEOPLE  have the right to change it.   ]]></description> <content:encoded><![CDATA[<p>RIGHT ON!!! The time is ripe and must be done, before even more outrages are suffered. Enough! This relationship with the citizens &#8212; the ordinary people of Costa Rica VS the government has become antagonistic. Like Thomas Jefferson says, when a government no longer serves us, WE THE PEOPLE  have the right to change it.</p> ]]></content:encoded> </item> <item><title>By: Richard Philps</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2414</link> <dc:creator>Richard Philps</dc:creator> <pubDate>Sun, 18 Nov 2012 17:48:36 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2414</guid> <description><![CDATA[There needs to be a Constitutional Amendment providing for Naturalized Citizens of Costa Rica to be eligible to hold the Office of President following ten years of Natualization. It will be the only way to break the chain of corruption and inappropriate decision making that currently exists. There needs to be an injection of true patriotism that puts the Country, rather than self-interests first.]]></description> <content:encoded><![CDATA[<p>There needs to be a Constitutional Amendment providing for Naturalized Citizens of Costa Rica to be eligible to hold the Office of President following ten years of Natualization. It will be the only way to break the chain of corruption and inappropriate decision making that currently exists. There needs to be an injection of true patriotism that puts the Country, rather than self-interests first.</p> ]]></content:encoded> </item> <item><title>By: Ken Morris</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2412</link> <dc:creator>Ken Morris</dc:creator> <pubDate>Sun, 18 Nov 2012 17:33:52 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2412</guid> <description><![CDATA[I don&#039;t know about Cruz (and would like to know more before making up my mind about this specific situation) but I don&#039;t believe the legislature overstepped its authority and don&#039;t buy the argument that a weak executive managed to pressure the legislature.  The legislature has the constitutional authority not to reappoint a judge, they exercised it, end of story.Moreover, whether or not Cruz is specifically culpable, the court has plainly been engaged in judicial overreach.  It ruled that the university must keep toilet paper in its bathrooms, dismissing the university&#039;s argument that the rolls just get stolen; it ruled that San José must eliminate street vendors, overlooking the obvious problem that the vendors just roll up their wares when the police come and then spread them back out when the police leave; and another judge on the Sala IV opined that the traffic law should make distinctions between day and night infractions, as if her legal training qualifies her as an expert on traffic safety.  In fact, you have to wonder by what legal authority the court ruled that traffic fines are too high.  Is it within the court&#039;s purview to set the amount of traffic fines?The reality is also that the majority of the Sala IV&#039;s rulings are unenforced and unenforcable. This makes the court a toothless laughing stock.  Whether or not the refusal to reappoint Cruz was a good or bad idea, I can&#039;t say, but the legislature should use its constitutional authority to restrain a court that is arrogantly out of control and often plain silly.]]></description> <content:encoded><![CDATA[<p>I don&#8217;t know about Cruz (and would like to know more before making up my mind about this specific situation) but I don&#8217;t believe the legislature overstepped its authority and don&#8217;t buy the argument that a weak executive managed to pressure the legislature.  The legislature has the constitutional authority not to reappoint a judge, they exercised it, end of story.</p><p>Moreover, whether or not Cruz is specifically culpable, the court has plainly been engaged in judicial overreach.  It ruled that the university must keep toilet paper in its bathrooms, dismissing the university&#8217;s argument that the rolls just get stolen; it ruled that San José must eliminate street vendors, overlooking the obvious problem that the vendors just roll up their wares when the police come and then spread them back out when the police leave; and another judge on the Sala IV opined that the traffic law should make distinctions between day and night infractions, as if her legal training qualifies her as an expert on traffic safety.  In fact, you have to wonder by what legal authority the court ruled that traffic fines are too high.  Is it within the court&#8217;s purview to set the amount of traffic fines?</p><p>The reality is also that the majority of the Sala IV&#8217;s rulings are unenforced and unenforcable. This makes the court a toothless laughing stock.  Whether or not the refusal to reappoint Cruz was a good or bad idea, I can&#8217;t say, but the legislature should use its constitutional authority to restrain a court that is arrogantly out of control and often plain silly.</p> ]]></content:encoded> </item> <item><title>By: Mickey Atkinson</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2410</link> <dc:creator>Mickey Atkinson</dc:creator> <pubDate>Sun, 18 Nov 2012 17:03:34 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2410</guid> <description><![CDATA[What needs to be done is fire/jail  the President, Congess and top10  membersof the Clergy. Then start over , no one from the old families can run for office.]]></description> <content:encoded><![CDATA[<p>What needs to be done is fire/jail  the President, Congess and top10  membersof the Clergy. Then start over , no one from the old families can run for office.</p> ]]></content:encoded> </item> <item><title>By: Sheldon Haseltine</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2405</link> <dc:creator>Sheldon Haseltine</dc:creator> <pubDate>Sun, 18 Nov 2012 15:33:35 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2405</guid> <description><![CDATA[I know that many in the legal community are going to participate in the protest march this coming Thursday.  My lawyer is going to close his office and participate with all his staff. Many of my friends here, whom I have never considered to be very political are upset and are also going to take part.  First the gagging law and now this - what is going on here in the &quot;Switzerland of Central America&quot; Is Costa Rica headed the way of Kristina Kirchner and Argentina?]]></description> <content:encoded><![CDATA[<p>I know that many in the legal community are going to participate in the protest march this coming Thursday.  My lawyer is going to close his office and participate with all his staff. Many of my friends here, whom I have never considered to be very political are upset and are also going to take part.  First the gagging law and now this &#8211; what is going on here in the &#8220;Switzerland of Central America&#8221; Is Costa Rica headed the way of Kristina Kirchner and Argentina?</p> ]]></content:encoded> </item> <item><title>By: Richard Philps</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2403</link> <dc:creator>Richard Philps</dc:creator> <pubDate>Sun, 18 Nov 2012 14:48:39 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2403</guid> <description><![CDATA[Just when you think it couldn&#039;t get any worse, it does! The current Administration in Costa Rica appears to be bent on restricting civil liberties, &quot;muzzling&quot; the Press in contravention of the Human Rights Code adopted by Costa Rica, and destroying the very fabric of Democracy by meddling in the independence of the Judiciary and the Legislature. For the Executive Branch to promote a vote in the Legislature to deny the re-election of Magistrate Cruz, is a blatant disregard of the fundamental division of powers in a Democracy required to assure that the &quot;checks and balances&quot; exist in such a system. The writing by Magistrate Cruz of Dissenting opinions in the Court, is not a reason to reject his re-election. Such constitutes part of his rightful judicial authority to do so. Holding such a vote in the Legislature is, in and of itself, an infringement of the independence of the Judiciary, except for disciplinary matters, or for reason of physical, or mental incapacity concerning the Magistrate. Since the very out-set, this Administration has openly expressed contempt for the Judiciary over decisions made by the Judiciary concerning the Isla Calero invasion by Nicaragua. In my opinion, if the power to impeach the President exists, this would be a viable option to consider.]]></description> <content:encoded><![CDATA[<p>Just when you think it couldn&#8217;t get any worse, it does! The current Administration in Costa Rica appears to be bent on restricting civil liberties, &#8220;muzzling&#8221; the Press in contravention of the Human Rights Code adopted by Costa Rica, and destroying the very fabric of Democracy by meddling in the independence of the Judiciary and the Legislature. For the Executive Branch to promote a vote in the Legislature to deny the re-election of Magistrate Cruz, is a blatant disregard of the fundamental division of powers in a Democracy required to assure that the &#8220;checks and balances&#8221; exist in such a system. The writing by Magistrate Cruz of Dissenting opinions in the Court, is not a reason to reject his re-election. Such constitutes part of his rightful judicial authority to do so. Holding such a vote in the Legislature is, in and of itself, an infringement of the independence of the Judiciary, except for disciplinary matters, or for reason of physical, or mental incapacity concerning the Magistrate. Since the very out-set, this Administration has openly expressed contempt for the Judiciary over decisions made by the Judiciary concerning the Isla Calero invasion by Nicaragua. In my opinion, if the power to impeach the President exists, this would be a viable option to consider.</p> ]]></content:encoded> </item> <item><title>By: Gordon Lindley</title><link>https://www.insidecostarica.com/2012/11/18/congress-rejects-re-election-of-magistrate-for-the-first-time-in-history/#comment-2401</link> <dc:creator>Gordon Lindley</dc:creator> <pubDate>Sun, 18 Nov 2012 14:33:40 +0000</pubDate> <guid isPermaLink="false">http://insidecostarica.com/?p=4437#comment-2401</guid> <description><![CDATA[National Liberation Party (PLN)... They are the power here and control. I do not know IF Cruz was over reaching. Sitting here in my little Bario nothing seems fair or balanced. I doubt amything going to change. Just the PLN  party will get stronger in it influence here. Controling the purse strings and kick backs on agreements with communist China and so on.]]></description> <content:encoded><![CDATA[<p>National Liberation Party (PLN)&#8230; They are the power here and control. I do not know IF Cruz was over reaching. Sitting here in my little Bario nothing seems fair or balanced. I doubt amything going to change. Just the PLN  party will get stronger in it influence here. Controling the purse strings and kick backs on agreements with communist China and so on.</p> ]]></content:encoded> </item> </channel> </rss>