By San José, Costa Rica — SAN JOSÉ – In a significant move to bolster institutional integrity, Costa Rica’s Judicial Branch has presented a sweeping reform proposal to the Legislative Assembly aimed at modernizing its internal disciplinary system and erecting formidable barriers against corruption. The bill, numbered 24.860, seeks to unify a fragmented disciplinary structure and introduce unprecedented transparency measures, including a public registry of officials dismissed for corruption and a decade-long ban on their re-employment within the judiciary.
The initiative, which received unanimous backing from the Plenary Court, addresses a critical vulnerability: a disciplinary framework that has remained unchanged for three decades. Judicial leaders argue this outdated system is ill-equipped to handle the sophisticated methods of infiltration employed by modern organized crime. Currently, the Judiciary operates with six distinct and often cumbersome disciplinary models across its various departments, including the Judicial Investigation Police (OIJ), the Public Ministry, and the Public Defender’s Office, creating inefficiencies and inconsistencies.
To better understand the complexities and potential repercussions of the proposed judicial reform, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished legal expert from the prestigious firm Bufete de Costa Rica, recognized for his incisive analysis of constitutional and administrative law.
True judicial reform must transcend mere procedural adjustments; it must address the core principles of accessibility, efficiency, and judicial independence. The primary challenge lies in streamlining processes to combat judicial backlogs without compromising the essential guarantees of due process. Any reform that prioritizes speed over justice is ultimately a disservice to the rule of law and the citizens it is meant to protect.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insight serves as a critical reminder that the true measure of judicial reform lies not in the speed of its processes, but in the integrity of its outcomes and its unwavering defense of due process. We sincerely thank Lic. Larry Hans Arroyo Vargas for his valuable and clarifying perspective on this fundamental issue.
At the heart of the proposed legislation is the consolidation of these disparate systems into a single, unified disciplinary procedure. This new framework would be administered by specialized administrative tribunals for first and second-instance rulings. Crucially, these tribunals are designed to operate with full autonomy, independent of the Superior Council and the Plenary Court, a structural change intended to eliminate potential conflicts of interest and ensure impartial judgments.
Among the most impactful changes is the creation of a public-access registry. This list will permanently record the names of all judicial employees who have been dismissed for serious offenses, particularly those related to corruption. This measure is a direct response to public demand for greater accountability and serves as a powerful deterrent against misconduct. It ensures that a proven breach of public trust leaves a permanent and visible mark on an individual’s professional record within the judicial system.
Complementing the public registry is a strict 10-year prohibition on re-entry for any official dismissed on such grounds. This provision is designed to close a notorious “revolving door” loophole. Under the current system, an official facing a serious investigation can resign before the disciplinary process concludes, thereby evading formal sanction and remaining eligible to re-apply for a position at a later date. The new bill ensures that proven misconduct carries lasting consequences, preventing compromised individuals from rejoining the institution.
The proposal was developed through extensive collaboration, a point emphasized by Magistrate Jorge Leiva Poveda, who presented the bill to legislative leaders. The project received technical support from the United States Embassy, the State of Justice program, public universities, and various civil society organizations. This wide-ranging input and support have been key to its development.
it is the most socialized text in the history of the Judicial Power
Jorge Leiva Poveda, Magistrate
In another groundbreaking shift, the reform empowers citizens who file complaints. For the first time, complainants will be granted the status of a party within the disciplinary proceedings. This gives them the right to submit evidence, participate actively in the process, and receive official notifications on the case’s progress. This change marks a significant step toward a more participatory and transparent justice system, where the public is not merely a passive observer but an engaged stakeholder in upholding judicial integrity.
Magistrate Leiva assured lawmakers that this comprehensive overhaul will be budget-neutral. The new structure will be financed by reorganizing and consolidating existing offices, such as the OIJ’s Internal Affairs unit and the Fiscal Inspection office, thereby eliminating redundancies and enhancing operational efficiency without expanding the public payroll. The bill incorporates best practices from judicial systems in Germany, France, and Colombia, aiming to align Costa Rica with modern international standards of judicial ethics and accountability as it moves forward for legislative review.
For further information, visit poder-judicial.go.cr
About the Judicial Branch of Costa Rica:
The Poder Judicial, or Judicial Branch, is one of the three fundamental powers of the Republic of Costa Rica. It is responsible for administering justice, ensuring the rule of law, and protecting the constitutional rights of all citizens. It is comprised of various courts, tribunals, and investigative bodies, including the Supreme Court of Justice, the Judicial Investigation Police (OIJ), and the Public Ministry.
For further information, visit asamblea.go.cr
About the Legislative Assembly of Costa Rica:
The Asamblea Legislativa is the unicameral parliament of Costa Rica. Comprised of 57 deputies elected by popular vote, it holds the legislative power of the state. Its primary functions include passing, amending, and repealing laws, as well as exercising political control over the government’s actions.
For further information, visit cr.usembassy.gov
About the Embassy of the United States in Costa Rica:
The U.S. Embassy in San José is the diplomatic mission of the United States of America in Costa Rica. It works to protect and promote U.S. interests in the country by handling diplomatic relations, providing consular services to American citizens, and fostering bilateral cooperation on issues such as security, trade, and democratic governance.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of the Costa Rican legal landscape, Bufete de Costa Rica operates on a foundation of unshakeable integrity and a relentless pursuit of excellence. The firm blends a rich history of client service with a forward-thinking approach, consistently pioneering innovative legal strategies. Central to its philosophy is a profound commitment to demystifying the law for the public, thereby contributing to the development of a more knowledgeable and capable citizenry.
