— Organic Law of the Judiciary | Coalición Floresta

It is the responsibility of the Judicial Branch, in addition to the functions assigned to it by the Political Constitution, to hear civil, criminal, juvenile criminal, commercial, labor, contentious-administrative and civil treasury, family, agrarian, and constitutional proceedings, as well as others determined by law; to resolve them definitively and to execute the rulings it pronounces, with the assistance of the public force if necessary.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

The rulings it issues, in matters within its competence, impose no other responsibilities than those expressly indicated by legislative precepts.

However, the superior authority of the Court shall prevail over its performance, to guarantee that the administration of justice is prompt and complete.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

1.- Courts of minor claims, contraventions, and summary matters. 2.- Courts of first instance and criminal courts. 3.- Collegiate courts. 4.- Courts of cassation. 5.- Chambers of the Supreme Court of Justice. 6.- The Full Court.

The Supreme Court of Justice shall establish the number of processing and deciding judges, as well as the other judicial servants that courts of any category and subject matter must have; for this, it shall take into consideration the needs of the office, for the better performance of the public service of justice.

When two or more judges exist in a court, the coordinator of the body shall be elected internally by their peers.

If the jurisdictional offices are organized into a judicial circuit, the judges shall appoint the general coordinator from among themselves.

The judge hearing a proceeding shall have the power to order whatever is appropriate for the fulfillment of their functions and, in each matter, shall have the power to exercise the disciplinary regime. In other cases, that power corresponds to the body of judges and decisions shall be taken by majority; if there is a tie, the coordinator shall have a double vote.

In rulings and proceedings, the full name of the official in charge of the process must be recorded.

Collegiate courts shall be composed of the number of judges required for the good public service and shall act individually or in panels of three, unless the law provides for another form of integration.

The coordinator shall distribute the workload, applying the criteria previously established by the judges and always seeking the greatest equity. When they do not reach an agreement, the Superior Council of the Judicial Branch or the Supreme Court of Justice, as appropriate, shall establish the rules.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

In very qualified cases, a file may be requested ad effectum videndi, for no more than ten days.

If the file is unjustifiably retained for a longer time, the person responsible shall be subject, except in cases of force majeure, to one of the sanctions established in Article 195, which shall be imposed if requested by an interested party.

When the processing of a commission directed to another court or an administrative authority is delayed or rejected, the requesting official may address the president of the Supreme Court of Justice, who, if applicable, shall manage or order the processing. Judicial officials may be subject to disciplinary sanctions of suspension or dismissal, according to the magnitude of the fault, when justice has been delayed due to causes attributable to them.

Courts may not excuse themselves from exercising their authority or from ruling in matters within their competence due to a lack of applicable norms and must do so in accordance with the written and unwritten norms of the legal system, according to the hierarchical scale of their sources.

The general principles of law and jurisprudence shall serve to interpret, integrate, and delimit the field of application of the written legal system and shall have the rank of the norm they interpret, integrate, or delimit. When it is a matter of supplying the absence and not the insufficiency of the provisions regulating a matter, such sources shall have the rank of law.

Usages and customs shall have a supplementary character to written law. When resolving matters within their competence, courts, at any instance, must effectively respect the principles and norms of each legal discipline, especially when dealing with specialized ones.

(As amended by Article 3, subsection 2) of the Law to provide legal certainty on strikes and their procedures, No. 9808 of January 21, 2020)

The foregoing provided that they comply with the established procedures to guarantee their authenticity, integrity, and security.

Alterations that affect the authenticity or integrity of such media shall cause them to lose the legal value granted to them in the preceding paragraph.

When a judge uses the means indicated in the first paragraph of this article to record their acts or rulings, the system's protection means are sufficient to prove authenticity, even if they are not printed on paper or signed.

Judicial authorities may use the referred means to communicate officially among themselves, sending reports, commissions, and any other documentation. The parties may also use those means to submit their requests and appeals to the courts.

(As amended in the preceding paragraph by Article 62, subsection b) of the Law on Judicial Notifications, No. 8687 of December 4, 2008, which deleted the final part of said paragraph) The Supreme Court of Justice shall issue the necessary regulations to govern the sending, receipt, processing, and storage of the aforementioned means; to guarantee their security and conservation; as well as to determine public access to the information contained in the databases, in accordance with the law.

(As added by Article 9 of Law No. 7728 of December 15, 1997).

(Sinalevi Note: The Superior Council, through circular No. 57 of April 26, 2010 "Exemption from the presentation of original documents when they have been previously sent via fax", provided that "...in the sending of documents via fax, it is not necessary for the parties to send the original document within the following three days, due to the partial repeal of Article 6 bis of the Organic Law of the Judicial Branch", except when its authenticity is questioned.)

Private individuals are obliged to provide the assistance requested of them that they are able to give.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

1.- Apply laws or other norms or acts of any nature, contrary to the Political Constitution or to international or community law in force in the country.

If they have doubts about the constitutionality of such norms or acts, they must necessarily consult the constitutional jurisdiction.

Neither may they interpret nor apply them in a manner contrary to the precedents or jurisprudence of the Constitutional Chamber.

2.- Apply decrees, regulations, agreements, and other provisions contrary to any other norm of superior rank.

3.- Express or even hint privately at their opinion regarding matters they are called upon to rule on or hear.

Apart from the disciplinary sanction that will be imposed on the official, the fact must be brought to the attention of the Public Ministry.

4.- Compromise or offer their vote, or insinuate that they will favor one or another designation when making administrative or judicial appointments. Anyone proven to have violated this prohibition shall be sanctioned with suspension.

The prohibitions established in subsections 3) and 4) are applicable to all judicial servants, in the exercise of their functions.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

1.- Practicing, outside the Judicial Branch, the profession for which they were appointed, with the right to receive payment, in cases where legally appropriate, for exclusive dedication or prohibition, even if on leave, except in the cases of exception indicated by this Law.

The prohibition referred to in this subsection shall not apply to professionals authorized by the Court, provided there is no overlapping of schedules and they do not serve as administrators of justice or their advisors, prosecutors or public defenders, office heads, nor in other positions where the Court considers it inconvenient. Authorized professionals shall not receive extra pay for exclusive dedication or prohibition; nor may they re-enter any of these regimes.

2.- Facilitating or contributing, in any way, to persons not authorized by law practicing law, or providing them with data or advice, showing them files, documents, or other pieces.

The official or employee who breaches the provisions of subsections 1) and 2) of this article shall be dismissed from their position.

3.- Holding any other public employment. This prohibition does not include the cases exempted by law nor the position of professor in university schools, provided that the Superior Council of the Judicial Branch so authorizes it and the teaching hours to be given, during working hours, do not exceed five per week.

4.- Directing congratulations or censure for public acts to officials and official corporations. Matters in which they intervene in defense of legitimate interests and subjective rights and cases where the law permits it are excepted.

5.- Any participation in electoral political processes, except the casting of their vote in general elections.

6.- Taking an active part in meetings, demonstrations, and other acts of an electoral or partisan political nature, even if they are permitted to other citizens.

7.- Improperly and in any way taking an interest in matters pending before the courts, or expressing their opinion on them.

8.- Serving as experts in matters submitted to the courts, except if they have been appointed by mutual agreement of all parties or in criminal cases, or if they must fulfill that function by legal mandate. In no case may they receive payment for the expert opinion rendered.

9.- Receiving any type of remuneration from the interested parties in a proceeding, for activities related to the exercise of the position.

Servants who engage in the acts indicated in this article shall be disciplined, according to the seriousness of the action, with one of the sanctions established in Article 195 of this Law.

The prohibitions referred to in subsections 1) and 3) are not applicable to servants who do not work full-time.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

That sum must be deposited in advance by the interested party into the current account of the respective judicial office, which shall disburse the amount to the servant who provided the service.

Once the oath is taken, they are authorized to take possession of the position and shall enjoy a term of up to fifteen days to post bond, with the exception of the Magistrates, who must post it previously.

The Magistrates shall take the oath before the Legislative Assembly. The members of the Superior Council of the Judicial Branch, the judges and their respective substitutes, the Judicial Inspectors, the Attorney General of the Republic, the Director and Deputy Director of the Judicial Investigation Agency, the Chief and Deputy Chief of the Public Defense, the Executive Director, the Auditor, the Secretary General of the Court, and the members of councils or commissions appointed by the Supreme Court of Justice or the Superior Council of the Judicial Branch, shall take the oath before the President of the Court. Judges of minor claims and contraventions, as well as their substitutes and arbitrators, before the civil judge of the province or the respective judicial circuit; other subordinate servants of the courts or administrative departments, before their respective hierarchical superior.

The members of the Public Ministry shall take the oath before the Attorney General; the servants of the Public Defense, before the chief; the servants of the Judicial Investigation Agency, before their Director, and the remaining servants of the Judicial Branch, before the Executive Director.

All oath-takings shall be recorded in a book kept for that purpose in the respective office.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

However, persons against whom a final order of committal for trial has been issued may not be appointed; nor those convicted of a crime punishable by imprisonment; those subjected to the penalty of disqualification from holding public offices or positions; nor those judicially declared in a state of bankruptcy or insolvency; those who habitually ingest alcoholic beverages excessively, consume unauthorized drugs, or have serious behavioral disorders, in a way that may affect the continuity and efficiency of the service.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

6024 of December 15, 1976. Subsequently, by resolution of the Constitutional Chamber No. 4425-94 of August 19, 1994, numeral 13 of Norm No. 7333 of May 5, 1933, which comprehensively reformed this law, was annulled)

If, after opening the competition, no candidate presents themselves, the procedure established in the Judicial Career Law shall be followed.

The same procedure shall be applied to make an interim appointment for more than three months.

In the minutes, statements, dissenting votes, or protests by the members of the body responsible for the appointment must be recorded.

(As amended by Article 2 of the Law on Publicity and Suitability in the Election Process of the Attorney General of the Republic, No. 10401 of November 14, 2023)

The foregoing shall be carried out in coordination with the Judicial School.

If, once the period of an official has begun, a vacancy occurs for any reason, the person replacing them shall be considered appointed for the remainder of that period, except as provided in the Political Constitution regarding Magistrates.

When it does not involve trusted officials or employees, the corresponding information must be processed, in compliance with due process, which guarantees the right of defense of the interested party.

The members of the Superior Council of the Judicial Branch, the Executive Director, the Deputy Executive Director, the Auditor, the Chief and Deputy Chief of the Financial Accounting and Procurement Departments, the chiefs of the Treasury and Warehouse Sections, and the chiefs and heads of regional and subregional administrative units, shall post it for fourteen base salaries; cassation judges and judges of the Collegiate Court, for seven base salaries; judges, for four base salaries; and all other servants of the Judicial Branch, who by law must post bond, for three base salaries. This provision does not include substitutes or interim personnel who replace a judicial servant for a period of less than three months.

For the purposes of this article, base salary shall be understood as the monthly base salary of clerk 1 of the Judicial Branch, according to the position schedule of the Ordinary Budget Law of the Republic.

In the event of transfer or exchange of judicial servants of the same category, the bonds posted shall be valid for the exercise of the new positions, without prejudice to ordering them to be supplemented, if necessary. In the respective document, it shall be recorded that the guarantor consents that if the servant is transferred to the performance of another position of equal category, the bond shall be considered subsistent for the new post.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

For the qualification of the bond and the granting of the deed, where applicable, the prescriptions of the Tax Code and the respective decrees shall be followed, as appropriate.

But if there are already pending liability lawsuits against them, the bond shall remain affected by what is declared in them.

If any official is re-elected, their bond must be posted and qualified again.

If no one appears within that term, which shall be counted from the day following the publication of the first edict, the Ministry of Finance shall order the cancellation of the mortgage or the return of the deposit; but if someone appears who justifies having timely filed the liability lawsuit, the order for cancellation or return shall be suspended until the lawsuit is concluded.

1.- Anyone who is the spouse, ascendant or descendant, sibling, brother- or sister-in-law, uncle or aunt, nephew or niece, father- or mother-in-law, son- or daughter-in-law, stepparent, stepchild, adoptive parent or child of a superior who may review their rulings on appeal. This prohibition does not compromise family relationships between substitute Magistrates, who may accidentally form a Chamber, in accordance with the provisions of the Political Constitution, and the ordinary officials of the Judicial Branch. Those must declare themselves disqualified from hearing matters in which their relatives have intervened.

2.- Anyone who is a relative by consanguinity or affinity, up to the second degree inclusive, of a member of a collegiate court.

3.- Anyone who has grounds for impediment or who has been recused for excuse or recusal in a specific case.

1.- Death of the official or employee. 2.- The term of their appointment or the specific case they were called to hear having ended, or the absence they were called to fill having ceased, except as provided in Articles 64 and 65 of this Law regarding substitute Magistrates. 3.- Revocation of appointment. 4.- Removal for the better public service. 5.- Accepted resignation. 6.- Material impediment of the official or employee lasting more than six months. 7.- A lower judge being, in relation to a higher judge, in the case of kinship indicated in subsection 1) of Article 25. 8.- Having entered into marriage that causes them to fall under the prohibition provided in subsections 1) and 2) of Article 25. 9.- Having been convicted, by final judgment, of a crime punishable by the penalty of disqualification from holding public offices or positions, and for having been judicially declared in a state of bankruptcy.

(By resolution of the Constitutional Chamber No. 017611 of September 16, 2020, the phrase "or insolvency" in the preceding subsection was declared unconstitutional.)

1.- Being in preventive detention and for the duration of that measure. 2.- A final order of committal for trial having been issued against them for any crime, intentional or negligent, committed in the exercise of their functions. The suspension shall be applied if the Full Court or the Superior Council, as appropriate, considers it convenient, due to the nature of the attributed facts and to obtain a better public service. For this purpose, the judicial authority hearing the matter shall communicate to the Court or the Council the decision rendered in the criminal procedure, at the procedural moment when the order becomes final. 3.- Granted leave of absence. 4.- Imposition of the disciplinary sanction of suspension. 5.- Preventive separation.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

1.- One upon whom a penalty of disqualification from holding public offices is imposed. 2.- One who, due to improprieties or faults in the exercise of their position or in their private life, which may affect the good service or the image of the Judicial Branch, has become deserving of that sanction. 3.- One who has come to lose one of the essential conditions for the exercise of their position, or falls into one of those prohibited for it. 4.- One who proves to be incompetent or inadequate for the performance of their position. 5.- One who habitually ingests alcoholic beverages excessively; consumes unauthorized drugs; or has serious behavioral disorders, in such a way that they may affect the service.

1.- Judges shall be replaced by others from the same locality, in the manner established by the President of the Court. If these, in turn, are also unable to hear, their respective substitutes shall be called, and if the ground also covers the substitutes, the matter must be heard by the head of the office where the case is filed, despite the ground that disqualifies them and without disciplinary liability for that reason. 2.- Magistrates, by the substitutes called for that purpose. Members of collegiate courts shall replace each other, and in the event that the ground covers all or the majority, by their substitutes. When the ground covers proprietaries and substitutes, the case must be heard by the proprietaries, notwithstanding the ground and without disciplinary liability regarding them. 3.- Other servants shall be replaced by others from the same office and of equal category; if there are none, by the immediate inferior, and in the absence of these, a servant shall be designated for the case.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

The grounds for impediment and recusal, provided for in procedural codes and laws, apply to judicial servants, including auxiliary and administrative personnel who, in any way, must intervene in the matter, who must be replaced for the specific case.

1.- That of the President of the Court, by the Vice President or the Magistrate designated by the Court; those of the presidents of the Chambers, by the Magistrate with the longest service time in the respective court or, in case of equal time, by the one with the oldest registration in the Registry of the Bar Association (Colegio de Abogados). This latter rule shall be applied in the Superior Courts or any other collegiate court. 2.- Those of the other Magistrates, by substitute Magistrates, chosen by lot by the President of the Court. If the number of substitutes is insufficient, the Legislative Assembly shall be requested, following the procedure for the selection of substitute Magistrates, to designate those necessary for the case. 3.- Those of the members of the Superior Council of the Judicial Branch, by their substitutes. 4.- Those of the judges, by the substitutes, when substitution is necessary. Substitutes must meet the same requirements as the proprietaries.

(As amended by Article 1 of Law No. 7728 of December 15, 1997).

The same rule may be applied to the members of different sections of the same court or of different courts, provided they are of equal subject matter and category.

The designation shall be made by the courts or sections, in the manner they deem most convenient or, failing that, by the President of the Court (Presidente de la Corte).

Every case of substitution, in accordance with this article, must be communicated immediately to the Secretariat of the Council (Secretaría del Consejo).

1.- Those of the Magistrates (Magistrados), in the manner provided in the Political Constitution. In this case, the President of the Court must immediately inform the Legislative Assembly of the vacancy, so that it may fill the vacancy.

2.- Those of other officials and employees, by means of new appointments.

(Thus amended by Article 1 of Law No. 7728 of December 15, 1997).

1.- In the same cases expressed in the preceding article.

2.- On non-working days, considering as such those that are holidays by law, Saturdays and Sundays, and those that the Superior Council of the Judicial Branch (Consejo Superior del Poder Judicial) declares as days off for the servants of the branch, with due advance notice. The foregoing is without prejudice to the obligation of attendance that servants who must perform their functions on those non-working days or hours have, with recognition of the rights and benefits contemplated in labor legislation.

a. During the first five years, two weeks.

b. From the sixth to the tenth year, fifteen working days.

c. From the eleventh to the fifteenth year, twenty working days.

d. From the sixteenth to the twentieth year, twenty-three working days.

e. After the twentieth year, twenty-five working days.

The validity of this amendment shall govern for those who begin working in the Judicial Branch in the future.

(Thus amended by Article 1 of Law No. 8527 of June 20, 2006).

With the exception of the Constitutional Chamber (Sala Constitucional), the Court shall issue the vacation plan for the other Chambers.

1.- The President of the Court to the Magistrates, when the permission does not exceed three months.

2.- The Court to the Magistrates, when the permission exceeds three months.

3.- The Superior Council of the Judicial Branch, to its members and to the heads of all judicial, administrative, and auxiliary offices.

4.- The office heads, to their respective subordinates.

When it concerns a Magistrate, this function falls to the President of the Court. The servant shall receive what is necessary to complete their salary starting from the amount they receive from the Costa Rican Social Security Fund (Caja Costarricense del Seguro Social) and, in matters of occupational hazards, what the respective law indicates.

Both the substitute servant and the subordinates who must be promoted or appointed on an interim basis due to the leave shall earn the ordinary allocations assigned to the positions they come to perform.

When the servant recovers their health and does not return to their duties, the receipt of salary shall be suspended. If it is suspected that there is malice on the part of the employee in feigning an illness, the immediate superior shall request a new assessment of the case from the treating physician.

If simulation is proven, the facts shall be brought to the attention of the competent body to execute the applicable sanctions. If it concerns a Magistrate, the pertinent information shall be communicated to the Legislative Assembly.

In any case, the medical document may be ordered to be ratified or expanded upon at the expense of the interested party, either by the same physician who issued it, by their superior, or by another.

Nor may the leaves granted to an employee or official, when combined in the same year, exceed this term.

This provision does not apply to leaves granted to the employee or official to perform another position within the judicial branch or through conditional exchanges, or to leaves granted with or without pay for reasons of illness duly verified by a medical certificate.

The provision in the first paragraph of this article shall also not apply with respect to leaves with or without pay granted by the Court to Magistrates, or by the Council to other servants to pursue studies of interest to the Judicial Branch.

In very qualified cases and for matters of interest to the Judicial Branch, the Court may grant leaves with or without pay to Magistrates, and the Council to other servants, for up to one year, extendable for equal periods, so that judicial servants may serve temporarily in other State agencies, or when they are assigned special tasks and studies.

To serve in another State agency, the agreement must be adopted by three-quarters of the total number of Magistrates or members of the Council, as applicable.

In cases of extraordinary positions due to leaves or interim status, the Council may fill them with judicial servants who are appointed with tenure (en propiedad).

Judicial servants shall have the right to a leave with pay for one week in cases of the servant's marriage or the death of their father, mother, a child, spouse, cohabiting partner of at least three years, a sibling, or parents-in-law who lived in their home.

Likewise, male servants shall have the right to a leave with pay for one week when a child of theirs is born, and female servants to three months with pay when they adopt a minor.

Every female judicial servant in a state of pregnancy shall have the right to leave with full salary for four months, distributed as one month before and three months after childbirth. During this period, the respective servant shall be paid in the manner provided in Article 42 of this Law, and the Court shall guarantee her the rights accorded in Article 97 of the Labor Code.

The Superior Council of the Judicial Branch shall do so with respect to its own members, the judicial inspectors, the Secretary General of the Court, the judges, the public defenders, and the members of the Judicial Investigation Agency (Organismo de Investigación Judicial), and shall communicate it to the Executive Branch, so that the authorities dependent on that other Branch accord them the considerations proper to their position and facilitate the exercise of their functions. Likewise, the Council shall determine the insignia to be used on all other vehicles of the Judicial Branch.

(Thus amended by Article 1 of Law No. 7728 of December 15, 1997).

By reason of the volume of work and the obligated efficiency of the public justice service, the Court may appoint more members to the courts, on a temporary or definitive basis; it may also open and close—for those same reasons—new offices and bodies attached to the courts, anywhere in the country.

In mixed courts, the Court may divide functions by subject matter, so that justice administration services become specialized. When the needs of the service so require, the Court may divide a mixed court into specialized courts.

When the workload does not warrant opening another jurisdictional or judicial body, the Court or the Council may assign itinerant judges and other servants to travel to the places where the service must be provided with greater efficiency.

(Thus amended by Article 1 of Law No. 7728 of December 15, 1997).

However, when this Law refers to "officials who administer justice" (funcionarios que administran justicia), this shall be understood to mean magistrates and judges; the term "officials" (funcionarios) alludes to those who, apart from those previously mentioned, have powers, authorities, and responsibilities of their own, as determined in this Law; and "employees" (empleados) refers to all other persons who hold posts remunerated by the salary system.

The prohibitions established in this law shall apply to both judicial servants appointed with tenure and those serving on an interim basis, except as otherwise provided by law. When this law mentions "Court" (Corte), it shall be understood to mean the Supreme Court of Justice or the Full Court, and when procedural codes speak of "Organic Law" (Ley Orgánica), without further specification, they allude to this present law; in addition, mentions of the "Council" (Consejo) shall be understood as the Superior Council of the Judicial Branch.

(Thus amended by Article 1 of Law No. 7728 of December 15, 1997).

For this purpose, the lists of case files to be destroyed shall be published in the Judicial Bulletin (Boletín Judicial).

Within a period of eight working days after the first publication, the National Archive may request the case files it deems pertinent. The parties may also request the return of documents submitted, a full or partial certification of the case file, or the delivery of the original case file, except in criminal matters.

(Thus added by Article 9 of Law No. 7728 of December 15, 1997).

OF THE STRUCTURE AND ORGANIZATION OF THE SUPREME COURT OF JUSTICE

GENERAL PROVISIONS

In the Chamber where the President of the Court serves, when circumstances require it, in their judgment, there may be a full-time substitute Magistrate who shall replace them while they do not hold the office, in all cases where they do not participate in hearing the matters of their Chamber. Said substitute Magistrate shall not be a member of the Full Court.

Matters shall be distributed among the Chambers, fundamentally by subject matter. If there is no applicable law regulating the distribution of work or jurisdiction (competencia) among the Chambers, the Court shall decide the point by an agreement that it shall publish in the Judicial Bulletin.

To depart from their proposal, the Council must do so with the vote of all its members, in a duly reasoned resolution, in which case it shall request the Magistrate to send another candidate. The President of the Court shall have a Director of the President's Office (Director del Despacho del Presidente), who shall perform the functions assigned to them by the President.

Each Chamber shall elect one of its members as President, with the powers and duties established by this Law. In cases of separation of the President, or when they do not form part of the court for any reason, the Magistrate who corresponds shall exercise the Presidency, in accordance with Article 32, subsection 1) of this Law.

OF THE FIRST CHAMBER

1)The appeals of cassation (recursos de casación) and review (revisión) that are appropriate, according to law, in ordinary proceedings, in civil and commercial matters, with the exception of matters relating to family law and universal proceedings.

(Thus amended the preceding subsection by Article 184, separate paragraph 4) of the Civil Procedure Code, No. 9342 of February 3, 2016) 2) The extraordinary appeal of cassation in contentious-administrative and civil treasury matters (materia contencioso-administrativa y civil de Hacienda), when any of the following bodies intervenes and they are not within the jurisdiction of the Contentious-Administrative and Civil Treasury Cassation Court (Tribunal de Casación de lo Contencioso-Administrativo y Civil de Hacienda):

a)The President of the Republic.
b)The Government Council (Consejo de Gobierno).
c)The Executive Branch, understood as the President of the Republic and the respective minister of the branch.
d)The ministries and their deconcentrated bodies.
e)The Legislative Assembly, the Judicial Branch, the Supreme Electoral Tribunal (Tribunal Supremo de Elecciones), the Office of the Comptroller General of the Republic (Contraloría General de la República), and the Office of the Ombudsman (Defensoría de los Habitantes), when exercising administrative functions.
f)The decentralized institutions, including those of a municipal nature and their deconcentrated bodies.
g)The bodies with instrumental legal personality (personería instrumental).
3)When the conduct subject to challenge emanates jointly from some of the bodies indicated above and from those indicated in the first paragraph of Article 94 bis of this Law, provided the act is complex or involves authorizations or approvals issued in the exercise of administrative oversight (tutela administrativa).
4)This Chamber shall also correspond to hear and resolve, independently of the entity or body authoring the conduct, the appeals of cassation in proceedings discussing the validity and efficacy of regulations (reglamentos), as well as matters relating to tax law (materia tributaria) and the appeal of cassation in the interest of the legal system (ordenamiento jurídico) established in the Administrative Procedure Code.
5)The appeals of review that are appropriate according to law, in contentious-administrative and civil treasury matters.
6)The third instance requested in matters of agrarian jurisdiction (jurisdicción agraria), when the appeal is admissible in accordance with the law.
7)International judicial assistance (auxilio judicial internacional) and the recognition and efficacy of foreign judgments and awards in civil and commercial matters, with the exception of what corresponds to the other Chambers of the Court.

(Thus amended the preceding subsection by Article 184, separate paragraph 4) of the Civil Procedure Code, No. 9342 of February 3, 2016) 8) Jurisdictional conflicts (conflictos de competencia) that arise in civil courts or between these and those of another subject matter, provided those civil courts have taken preventive cognizance of the matter.

9)Jurisdictional conflicts that arise between a court or Tribunal of the Contentious-Administrative and Civil Treasury Jurisdiction and any other of a different subject matter.
10)The objection (inconformidad) filed within three days by any of the parties against the resolution issued by bodies of the Contentious-Administrative and Civil Treasury Jurisdiction defining its jurisdiction.
11)The jurisdictional issues between civil courts belonging to the territorial scope of different superior courts, provided they concern ordinary civil or commercial proceedings, except in universal proceedings and in family matters and Labor Law.
12)Jurisdictional conflicts raised between judicial and administrative authorities.
13)Other matters indicated by law, when, by their nature, they do not correspond to another of the Chambers of the Court.

(Thus amended by Article 212 of Law No. 8508 of April 28, 2006, Contentious-Administrative Procedure Code).

OF THE SECOND CHAMBER

1)The appeals of cassation and review that are appropriate, according to law, in ordinary or abbreviated proceedings of inheritance law and in universal proceedings, or in sentence executions where the appeal is not within the cognizance of the First Chamber.
2)The appeal of cassation in matters of labor jurisdiction (jurisdicción de trabajo) when the amount in controversy, determined exclusively by the amount of its non-accessory claims, conforms to the threshold that the Full Court establishes for this appeal, or when the amount is inestimable. It shall also hear the appeal of cassation that proceeds in proceedings for the protection of special privileges (fueros especiales) and the safeguarding of due process regardless of whether it concerns a public or private employment relationship. What the Chamber resolves regarding jurisdiction to hear the appeal of cassation shall be binding on the other jurisdictional bodies.
3)Civil liability claims against the judges who are members of collegiate courts of any subject matter, except labor courts of lesser amount.
4)Jurisdictional issues that arise in matters of labor jurisdiction, when other courts of that subject matter are not competent to resolve them.
5)Jurisdictional issues between civil judges belonging to the territorial scope of collegiate courts of different territories, in any kind of matter, when the First Chamber is not competent to resolve the issue.
6)International judicial assistance, the recognition and efficacy of foreign judgments and awards in labor, inheritance, and bankruptcy matters, with the exception of what corresponds to the other Chambers of the Court.

(Thus amended by Article 2, point III) of the law that approved the Family Procedure Code, No. 9747 of October 23, 2019)

In family matters, the Second Chamber of the Supreme Court of Justice shall hear:

1)Appeals of cassation and review claims in family matters.
2)(Repealed by Article 5, subsection 3) of Law No. 10558 of October 23, 2024) 3) Material jurisdictional conflicts between a Family office and one of another subject matter, when the Family office has been the first to take cognizance of the matter; as well as territorial jurisdictional conflicts between two Family courts.
4)Civil liability claims against the judges who are members of collegiate Family courts.
5)The appeal filed against the resolution that ruled on the alleged international jurisdiction.
6)International judicial assistance and the recognition and efficacy of foreign judgments and awards in family matters, with the exception of what corresponds to the other Chambers of the Court.

(Thus added by Article 3, point III) of the law that approved the Family Procedure Code, No. 9747 of October 23, 2019)

OF THE THIRD CHAMBER

1)Appeals of cassation and review in adult and juvenile criminal matters.
2)Criminal cases against members of the Supreme Branches of Government (Supremos Poderes) and other equivalent officials.
3)Jurisdictional conflicts raised between courts of appeal of criminal sentences.
4)Other matters attributed to it by law.
5)International judicial assistance and the recognition and efficacy of foreign judgments and awards in criminal matters, with the exception of what corresponds to the other Chambers of the Court.

(Thus added the preceding subsection by Article 184, separate paragraph 4) of the Civil Procedure Code, No. 9342 of February 3, 2016) (Thus amended by Article 8 "Creation of the appeal of sentence, other reforms to the challenge regime, and implementation of new rules of orality in criminal procedure," Law No. 8837 of May 3, 2010)

OF THE CONSTITUTIONAL CHAMBER

1.- Petitions for habeas corpus (hábeas corpus) and amparo (amparo).

2.- Actions of unconstitutionality (acciones de inconstitucionalidad).

3.- Consultations on constitutionality (consultas de constitucionalidad).

4.- Jurisdictional conflicts between the Branches of State, including the Supreme Electoral Tribunal, and constitutional jurisdictional conflicts between these and the Office of the Comptroller General of the Republic, municipalities, decentralized entities, and other Public Law entities.

OF THE SUPREME COURT OF JUSTICE

The quorum shall be formed by fifteen magistrates, except in cases where the law requires a greater number or the concurrence of all members.

Decisions shall be taken by a majority of the votes present, except in cases where the law provides otherwise.

When a tie occurs in a vote, the matter shall be voted on again. If the tie persists, an extraordinary session shall be convened to decide it, and if it still persists, the matter shall be voted on when there is an odd number of magistrates present.

The Court shall hold an ordinary session once a month; in addition, it shall meet whenever convened by the president, when they deem it convenient, or at the request of seven magistrates.

No appeal shall lie against its agreements and resolutions, except for a motion to reconsider (recurso de reposición) when it concerns administrative matters; they may be executed immediately.

In addition, it shall meet once a year in a solemn session during the month of March to inaugurate the judicial year. At this session, the president shall give a report on the administration of justice.

The sessions and voting shall be public unless, by a duly founded and reasoned motion, approved by the vote of at least two-thirds of the total members of the Full Court, it is ordered that they be private.

This provision shall proceed only when there is a qualified exception to the principles of transparency and publicity and, therefore, of restrictive application and interpretation, so it shall proceed only for cases in which the information discussed there has the nature of a State secret or confidential third-party information in accordance with the law.

A public record shall be prepared of the private session, from which only those interventions or data that cannot be disclosed because the legal system so prohibits shall be omitted, as established in the motion approved for this purpose.

(Thus amended by the sole article of the Law to Guarantee Transparency in the Voting of the Judicial Branch, No. 10325 of November 9, 2022)

1.- Inform the other Branches of the State on matters in which the Constitution or the laws determine that it be consulted, and issue its opinion, when required, on draft reforms to codified legislation or those that affect the organization or functioning of the Judicial Branch.

2.- Propose legislative and regulatory reforms that it deems convenient to improve the administration of justice.

3.- Approve the draft budget of the Judicial Branch, which, once enacted by the Legislative Assembly, it may execute through the Council.

4.- Appoint the proprietary and substitute members of the Supreme Electoral Tribunal.

5.- Resolve jurisdictional issues that arise between the Chambers of the Court, except as provided by law with respect to the Constitutional Chamber.

6.- Designate, in a public vote, the president and vice president of the Court, for periods of four years and two years, respectively, who may be reelected for equal periods, and, if they must be replaced for any reason, the person appointed shall serve a new full period. In cases of temporary vacancies, the procedure indicated in subsection 1) of Article 32 shall be followed.

(Thus amended the preceding subsection by the sole article of the Law to Guarantee Transparency in the Voting of the Judicial Branch, No. 10325 of November 9, 2022) (Note from Sinalevi: By resolution No. 036954 of December 11, 2024, the word "secret" was annulled from the preceding subsection, which was later amended by Law No. 10325 of November 9, 2022) 7.- Promulgate, on its own initiative or at the proposal of the Superior Council of the Judicial Branch, the internal regulations of order and service that it deems pertinent.

8.- Hear the appeal of sentence, cassation, and the review procedure of sentences issued by the Second and Third Chambers, when these act as trial courts or single-instance courts.

(Thus amended the preceding subsection by Article 5 of Law No. 9021 of January 3, 2012) 9.- Appoint with tenure the members of the Superior Council of the Judicial Branch, the general inspectors of the Judicial Inspection Court, the cassation judges and those of the collegiate courts, the Attorney General of the Republic (Fiscal General de la República), the Director and Deputy Director of the Judicial Investigation Agency; likewise, the chief and deputy chief of the Public Defense (Defensa Pública).

When it concerns officials appointed for a determined period, the Court must make the new appointment in the first ordinary session of December in which the period ends, and those appointed shall take possession on the first working day of the following January.

The Court also corresponds to appoint the substitutes of the officials mentioned in this subsection.

10.- Hear the annual report of the Superior Council of the Judicial Branch.

11.- To take cognizance of (avocar) the hearing and decision of matters within the jurisdiction of the Superior Council of the Judicial Branch, when so ordered in a session convened at the request of five of its members or of its President, by a simple majority of the Court. From the moment the request for taking cognizance is presented, the decision on the matter by the Superior Council of the Judicial Branch is suspended, until the Court rules, without prejudice to any precautionary measures the Court may order.

The Court shall have one month to resolve the matter it ordered to take cognizance of. In such a case, the exhaustion of the administrative remedies shall occur upon the communication of the final agreement of the Court. When ordering the taking of cognizance, it may order the suspension of the effects of the Council's agreement.

12.- Exercise the disciplinary regime over its own members and those of the Superior Council of the Judicial Branch, in the manner provided in this Law.

13.- Establish the amounts to determine jurisdiction, by reason of the amount in controversy, in every matter of a patrimonial nature.

14.- Establish the amounts to determine the admissibility of the appeal of cassation, by a minimum vote of two-thirds of the totality of the Magistrates. This amount may be reduced or increased once the period set forth herein has elapsed, for which purpose a report on the inflation index shall previously be requested from the Central Bank of Costa Rica.

If a month elapses without the report having been received, the Court shall dispense with it and make the corresponding determination. The determination made, both in this case and in that of the preceding subsection, shall govern one month after its first publication in the Judicial Bulletin, for a minimum period of two years.

15.- Propose to the Legislative Assembly the creation of Judicial Offices in the locations and subject matters deemed necessary for the good public service.

16.- Merge two or more judicial offices into one or divide them, transfer their seat, and determine their respective territorial and subject-matter competence, taking into consideration the best public service.

It may also assign specialized competence to one or several offices, so that they hear specific matters, within the same subject matter, arising in one or several circumscriptions or throughout the entire national territory.

17.- Hear the liability claims filed against the Justices of the Chambers of the Court.

18.- Determine which work committees shall be permanent and designate the Justices who will comprise them.

19.- Incorporate into the Judicial Branch budget, through internal modification, all money it may receive from the liquidation or non-execution of contracts, interest, damages, and from charging for document photocopying services, microfilming, and similar services.

This money shall be deposited in the bank accounts of the Judicial Branch.

20.- Set the days and hours of service for judicial offices and publish the corresponding notice in the Judicial Bulletin (Boletín Judicial).

21.- Issue directives on the scope of the rules, when deemed necessary to make effective the constitutional principle of expeditious and complete justice (justicia pronta y cumplida).

22.- The others indicated by the Political Constitution and the laws.

(Thus amended by Article 2 of Law No. 7728 of December 15, 1997).

OF THE PRESIDENT OF THE SUPREME COURT OF JUSTICE

1.- Represent the Judicial Branch.

2.- Process the matters that the Supreme Court of Justice and the Superior Council of the Judicial Branch must resolve.

3.- Preside over and set the agenda for the sessions of the Court and the Superior Council and convene them extraordinarily, when necessary.

4.- Direct the debates during the sessions of the Court and the Superior Council; determine the matters to be discussed and the proposals upon which a vote is to be taken.

5.- Put the discussed points to a vote, when in their judgment the debate is concluded.

6.- Authorize with their signature the reports to be rendered to the Branches of Government, and the bills referred to in subsection 2) of the previous article.

7.- Preside over any committee appointed by the Court or the Council, when they deem it pertinent.

8.- Exercise the disciplinary regime over the employees of their Office.

9.- Request the opinion of the other members of the Court, for the decision of matters that they or the Superior Council of the Judicial Branch must resolve exclusively.

10.- Propose to the Court the appointment and removal of the General Secretary of the Supreme Court of Justice, the Executive Director, and the Executive Deputy Director. Because these are positions of trust, they may be removed at will.

11.- Conduct the drawings for the selection of the alternate Justices who must substitute the regular Justices.

12.- Communicate, through the General Secretariat, the agreements of the Court and the Council.

13.- Execute, through the Executive Directorate, the administrative decisions of the Court and the Council.

14.- Exercise the supreme oversight and direction of the Judicial Branch, without prejudice to what the Court or the Council may decide.

15.- Distribute the work among the members of the Superior Council of the Judicial Branch.

16.- Appoint special committees for the better fulfillment of the functions of the Superior Council of the Judicial Branch.

17.- Resolve the recusals and pleas of disability of the members of the Superior Council of the Judicial Branch.

18.- Exercise oversight of the work of the General Secretariat and the Executive Directorate of the Judicial Branch.

19.- Raise to the knowledge of the Council, what has been resolved by a committee appointed by that Council or by the President themselves, when, in the President's judgment, the resolution must be reviewed.

20.- Convene the alternate members of the Council, when necessary.

21.- Summon, in cases of urgency, the alternates of judicial officials to exercise the position or designate interim officials in case of unavailability, for periods not exceeding two months.

22.- Grant paid leave, for a period of up to one month, in justified cases, when deemed appropriate.

23.- Exercise the other powers conferred upon them by the laws, the Supreme Court of Justice, or the Superior Council of the Judicial Branch.

The preceding functions shall be performed by the Vice President of the Court, when they must substitute for the President during their temporary absences.

OF THE CHAMBER PRESIDENTS

1.- Open and close the sessions of the court, advance or extend the office hours should any urgent and serious matter so require, and convene the court extraordinarily, when necessary.

2.- Issue the appropriate orders to complete the court, when for any reason the required number of members is lacking.

3.- Determine, in accordance with the law, the order in which the matters subject to the court's cognizance are to be heard.

4.- Direct the debates and the proposals upon which the vote is to be taken.

5.- Put the discussed matters to a vote, when the court deems the debate concluded.

The resolutions issued by the President, in exercise of the powers conferred upon them in this article, shall not prevail against the vote of the majority of the court.

OF THE ALTERNATE JUSTICES

They shall be appointed by the Legislative Assembly during the second half of the month of May in which the respective period begins —except for the twelve of the Constitutional Chamber, which shall be appointed during the second half of the month of October when their period ends— and in the manner indicated by the Political Constitution; they shall serve in their functions for four years, shall take an oath before the same Assembly, at the hour and day it designates, and must meet the requirements set forth in Article 159 of the Political Constitution, except for the requirement of posting a bond.

The Legislative Assembly must choose the alternates from the shortlists of fifty and twenty-four candidates, as the case may be, that are proposed by the Court.

Transitory.- The current alternate Justices of the Constitutional Chamber shall hold office until those to be appointed by the Assembly in October 1993, for the term that will begin that year, take possession.

(This article had been previously amended by Article 4 of Law No. 8503 of April 28, 2006, "Opening of the Criminal Cassation", which was partially annulled by connection by Resolution of the Constitutional Chamber No. 11083 of August 21, 2013, for which reason the Chamber indicates that this numeral remains in force in its version prior to the amendment by the Law for the Opening of the Criminal Cassation, as shown)

However, if the alternate hinders the normal functioning of the court, due to their irregular attendance or any other qualified reason, the Chamber shall inform the President of the Court so that they may be replaced by a new drawing.

When any alternate Justice must exercise the magistracy for a period longer than three months, they shall go into recess from their functions as attorney and notary for the entire duration of said exercise; but upon the expiration of their position, they shall, by that same fact, regain the aforementioned functions, without the need to replenish the existing bond.

The alternate Justices shall earn per diems per working day or session, proportional to the remuneration of the regular Justices. When they are pensioners or retirees from any system, holding the position for more than one month shall suspend the receipt of their pension or retirement.

When the alternate Justice is a judicial employee and must hear one or several cases substituting a regular Justice, their work shall be compensated through a salary supplement, calculated according to the rules that the Supreme Court of Justice shall issue for this purpose; the basis shall be the way in which the work of alternates is compensated, according to the provisions of the preceding paragraph. When they must fill the temporary or absolute absence of a regular Justice, they shall go into recess in their permanent position and shall be paid the salary corresponding to a Justice.

(Thus the preceding paragraph was added by Article 1 of Law No. 8553 of October 19, 2006) The rules established in the preceding paragraph shall apply in the event that judicial employees are appointed to substitute for judges.

(Thus the preceding paragraph was added by Article 1 of Law No. 8553 of October 19, 2006)

An alternate who refuses to perform their position without legal cause or who creates difficulties for the hearing of the matter shall be replaced by another alternate Justice, chosen by drawing for that purpose. To the one who defaults, the Court shall apply a suspension of six months from the exercise of the alternateship and shall inform the Legislative Assembly, should it deem the case warrants complete separation.

OF THE COMMITTEES

Permanent committees are:

1.- The Personnel Council, with the powers indicated in the Judicial Statute (Estatuto Judicial) and related laws.

2.- The Directive Council of the Judicial School (Escuela Judicial), with the powers established in the Law for the Creation of the Judicial School.

3.- The liaison committee with the Judicial Investigation Agency (Organismo de Investigación Judicial), whose main powers shall be to rule, beforehand, on matters related to that Agency that must be resolved by the Court and to maintain oversight work over it to guarantee an efficient and correct police function.

4.- The occupational health and safety committee, which shall be fundamentally responsible for making recommendations to the Court and the Superior Council of the Judicial Branch, aimed at achieving an adequate institutional policy on occupational health and safety, according to the provisions on that matter in the Labor Code.

5.- The labor relations committee, which must rule, at the request of the interested parties, on conflicts arising from the establishment and application of labor policy in general and on the disciplinary regime, in relation to employees of the Judicial Branch, before those matters are heard by the body that exhausts the administrative channel. The consultation must be processed within a term of fifteen days, a period during which the prescription shall not run.

This Committee shall be composed of six members, three of them elected by the Court, from a list to be submitted for its consideration by all the employee organizations of the Judicial Branch. The other three shall be freely chosen by the Court.

6.- Any other committee determined by the Court.

Special committees are those appointed for the study of a specific matter or for the fulfillment of a specific mission.

They shall be temporary when, by the nature of the assignment, it is established that their task must be completed within a specific period.

Unless otherwise provided by law, the Court shall constitute the committees, determine their jurisdiction, regulate them, and designate their President.

The opinions, reports, and recommendations of the committees shall not be binding on the Court, but the Court must state the grounds for its decision when it departs from them.

The President of the Court may be part of any committee and when they do so, they shall coordinate it.

(Thus the preceding chapter was added by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026)

The regular and alternate Justices of the Judicial Branch shall present an accountability report before the Supreme Court of Justice and the Legislative Assembly, in compliance with the principles of accountability, transparency, and probity. The report must have a standardized format to be regulated by regulation.

(Thus added by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026)

In preparing this report, the official obligated to render it must consider, at a minimum:

a)A summary of the activities carried out during the period in office in the corresponding Chamber.
b)Statistics on the number of cases received, number of cases processed and resolved, dissenting votes and notes in the capacity of reporting Justice, as well as the projects reviewed and signed by other members of the respective Chamber.
c)Reference to participation in committees and contributions made.
d)Indication of reports prepared for the Legislative Assembly on bills of law.
e)Indication of functions as directing body in disciplinary proceedings corresponding to the Full Court (Corte Plena).
f)Indication of the number of Full Court sessions in which they participated.
g)Indication of studies or reports required individually to be presented to the Full Court.

The statistics referred to the jurisdictional functions within their respective Chamber contained in the report must coincide with the official data of the body responsible for the control and monitoring of statistics in the Judicial Branch, for which purpose an approval by said body must be included in the report.

(Thus added by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026)

The accountability report shall be annual, counting from the date of appointment. The report must be submitted to the Supreme Court of Justice and the Legislative Assembly one month after the completion of the year, with the exception of the year in which it is necessary to discuss whether or not the person should be re-elected to the position of Justice, in which case the report shall be rendered one month before the date of conclusion of the appointment period.

If the last day of the deadline is a non-business day for either of the two Branches of Government, the deadline shall be understood as extended to the next business day.

(Thus added by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026)

The accountability report must be published on the official website of the Judicial Branch and the Legislative Assembly and be available for public consultation.

(Thus added by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026)

Failure to comply with the obligation to submit the accountability report within the established deadline shall be considered a serious fault and may be sanctioned in accordance with the provisions of this law.

(Thus added by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026)

OF THE SUPERIOR COUNCIL OF THE JUDICIAL BRANCH

OF ITS ORGANIZATION AND STRUCTURE

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 67 to Article 72)

(Thus amended by Article 3 of Law No. 7728 of December 15, 1997) (Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 68 to Article 73)

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 69 to Article 74)

The remaining members shall be appointed, freely, by the Court, for periods of six years and may not be re-elected, unless three-quarters of the total number of Justices agree otherwise.

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 70 to Article 75)

Two of them shall be chosen from among the officials who administer justice and the other attorneys working in the Judicial Branch. The other, from among the remaining judicial employees. To elect the latter, the Court shall request all employee organizations of the Judicial Branch to submit a list of five candidates.

The external attorney must have professional experience as a litigator of no less than ten years.

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 71 to Article 76)

The early termination of a Council member shall result in their substitution for the remainder of the period.

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 72 to Article 77)

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 73 to Article 78)

All of the foregoing provided that the period for which they were appointed to that other position has not expired or they have not been re-elected to it, or that they have not been dismissed.

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 74 to Article 79)

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 75 to Article 80)

A quorum shall be formed with the total number of its members.

Unless a rule provides otherwise, decisions shall be made by a majority vote. If a majority is not reached, the President shall have a casting vote.

Without prejudice to the application of the disciplinary regime, unjustified absence from Council sessions three consecutive times, or six alternate times during a semester, shall be considered grounds for removal from the position of Council member.

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 76 to Article 81)

The Council may invite to its sessions such persons as it deems appropriate, for the purpose of hearing their opinions regarding matters within its competence.

In each session, minutes shall be taken, which shall constitute a literal transcription of all the interventions made.

(Thus amended by the sole article of Law No. 9782 of November 12, 2019, “Law to promote publicity, transparency, and accountability in the sessions of the Superior Council of the Judicial Branch”) (Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 77 to Article 82)

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 78 to Article 83)

(Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 79 to Article 84)

In said report, it shall include the needs that, in its judgment, exist in terms of personnel, facilities, and resources, for the due and correct performance of the judicial function. Before preparing it, it shall request from the courts, the tribunals, and the other bodies, offices, and departments, an annual report on the work performed and the specific needs.

(Thus amended by Article 3 of Law No. 7728 of December 15, 1997) (Thus its numbering was modified by Article 1 of the Law for the Accountability of Justices of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 80 to Article 85)

OF ITS POWERS

1.- Execute the administrative policy of the Judicial Branch, within the guidelines established by the Supreme Court of Justice.

2.- Appoint, with the exception of those corresponding to the Court, the officials who administer justice, in accordance with the corresponding legal and regulatory rules; transfer them, provisionally or definitively, suspend them, grant them paid or unpaid leave, and remove them, all in accordance with the corresponding provisions, without prejudice to the powers granted to the President.

3.- Appoint interim or alternate officials who administer justice, when it is verified that the Offices are not up to date.

4.- Exercise the disciplinary power regarding judicial employees, in accordance with the law and without prejudice to the powers conferred on the Full Court, the President of the Court, and the Court of the Judicial Inspection (Tribunal de la Inspección Judicial).

5.- Appoint interim officials to fill vacancies, including those officials whose permanent appointment corresponds to the Court.

6.- Transfer, provisionally or definitively, suspend, grant paid or unpaid leave, remove, and rehabilitate, in accordance with the corresponding provisions, all judicial employees, without prejudice to the powers granted to the President of the Court.

7.- Approve or reject the appointment of subordinate personnel made by each administrative head in their respective Office, department, or judicial office. In doing so, it shall verify that the appointment conformed to the procedure established for this purpose in the Statute of Judicial Service (Estatuto de Servicio Judicial).

8.- (Repealed by Article 23 of Law No. 7728 of December 15, 1997).

9.- Resolve economic claims of any kind made against the Judicial Branch, and order judicial employees to refund monies as appropriate according to the law.

10.- Resolve on bidding processes and request the Full Court to agree on expropriations of real estate or the affectation of real rights of interest to the Judicial Branch. Once the expropriation of real estate or the affectation of real rights is agreed upon, the Full Court shall publish the agreement in La Gaceta and shall forward the respective administrative file to the Superior Council so that it may appoint one or several experts, as required, to provide an appraisal of the real estate or affected real rights. The appraisal shall not take into account any potential surplus value resulting from the construction of the project that necessitates the expropriation or affectation of rights. Once the appraisal is rendered, the interested parties shall be informed, by personal notification or at their place of residence, so that they may state, within the following fifteen business days, whether they agree to transfer the real estate or real right in question, for the price set in the appraisal accepted by the Council; in which case they shall formalize the transfer before the State Notary Office (Notaría del Estado), within the following three months.

If for any reason they do not agree to the transfer, the Council shall forward the administrative file, within the following ten business days, to the Contentious-Administrative and Civil Treasury Court (Juzgado de lo Contencioso-administrativo y Civil de Hacienda) that corresponds by rotation, so that it may initiate the judicial appraisal proceedings for expropriation, in accordance with the procedure contemplated in the Law of Expropriations and Affectation of Real Rights of the Judicial Branch.

11.- To invest, in the maintenance and construction of premises and in other items that warrant it, any surpluses that may be produced, in accordance with what the Corte Plena may order.

12.- (Repealed by Article 2 of Law No. 9544 of April 24, 2018) 13.- (Repealed by Article 2 of Law No. 9544 of April 24, 2018) 14.- (Repealed by Article 2 of Law No. 9544 of April 24, 2018) 15.- (Repealed by Article 2 of Law No. 9544 of April 24, 2018) 16.- To direct, plan, organize, and coordinate the administrative activities of the Judicial Branch and to propose the corresponding regulations to the Corte.

17.- To hear and approve the preliminary draft Budget of the Judicial Branch.

18.- To grant paid leave to judicial employees to undertake studies or projects of interest to the Judicial Branch.

19.- To hear on appeal, in cases established by law or by regulation, decisions rendered by the Executive Director or the Executive Deputy Director.

20.- To hear and approve the vacation plan of the Judicial Branch, with the exception of the vacation plan of the Chambers of the Corte.

21.- To issue internal rules for the better performance of its functions, with the exception of regulations.

22.- To regulate the distribution of judicial matters among offices of equal territorial competence, to achieve workload equalization.

23.- Any other activities inherent to its purpose, in all matters not expressly provided for in this Law.

24.- Any other power attributed to it by law.

Whenever doubt exists as to whether a matter falls within the competence of the Council, the Council shall decide, unless the conflict is with the Corte Suprema de Justicia, in which case the latter's decision shall prevail; in both cases with no recourse whatsoever.

In any case, all powers of the Council regarding judicial employees shall correspond to the Corte Plena when involving proprietary or substitute Judges.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 81 to article 86)

The Council is authorized to open accounts in the name of the Judicial Branch in the state banks, for the purpose of depositing those funds and ordering payments against them.

When service needs so require, the Council may create sub-items and effect transfers between expenditures authorized in the budget laws, without exceeding the total amount of allocated resources plus the accumulated surplus.

However, resources allocated to cover salaries or personal services may not be modified, except in the case of accumulated or unspent sums.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 82 to article 87)

In this latter case, the Council may order the suspension of the act that may cause damage or harm of impossible or difficult reparation.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 83 to article 88)

OF THE BODIES SUBORDINATE TO THE COUNCIL

OF THE DEPENDENCIES

Likewise, the following shall be subordinate to the Council, but only in administrative matters and not in professional technical matters: the Public Ministry, the Organismo de Investigación Judicial, and the Defensa Pública.

(Thus amended by Article 3 of Law No. 7728 of December 15, 1997) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 84 to article 89)

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 85 to article 90)

OF THE DIRECCION EJECUTIVA OF THE JUDICIAL BRANCH

With the exception of the bodies provided for in Article 84 and others so established by regulation or agreement of the Corte Plena, the other administrative offices of the Judicial Branch shall be subordinate to the Dirección Ejecutiva.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 86 to article 91)

The Deputy Director must meet the same requirements as those required for the Director, whom they shall replace during temporary absences. In any case, it shall be sought that they do not have the same professional specialization as the Director.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 87 to article 92)

1.- To direct, organize, coordinate, and supervise the administrative functions of their dependencies.

2.- To ensure compliance with the Council's agreements.

3.- To authorize expenses that must be incurred in judicial offices for expert reports, fees, copies, proceedings, and other similar services, when such expense corresponds to the Judicial Branch.

4.- To issue payment orders, once the expenses have been duly approved and authorized.

5.- To grant leave without pay, for periods not exceeding six months, to the personnel of the Dirección and to the heads of dependencies subordinate to it.

6.- To propose to the Council the appointment of the Deputy Director and the heads of administrative departments subordinate to the Dirección, through the system of terna (shortlist of three candidates) and in accordance with the Judicial Service Statute.

7.- To formulate the programs necessary for the best utilization of the goods and services of the Judicial Branch, without prejudice to projects that the Council entrusts to special commissions.

8.- To sign credit reserves, merchandise requisitions, and all other documents for the execution of the budget.

9.- To sign the payment instruments issued by the Departamento Financiero Contable, in accordance with budgetary rules, and those issued against the Judicial Branch Retirement and Pension Fund or the Mutual Aid Fund.

10.- To endorse the payment instruments issued in favor of the aforementioned funds, for their deposit in the respective accounts.

11.- To propose to the Council rules for organizing and standardizing the administrative services of judicial offices throughout the Republic, especially regarding registration, classification, circulation, and archiving systems for case files (expedientes), for which it shall hear the opinion of the heads of those offices.

12.- To decide on payments to be made from the Mutual Aid Fund. If a dispute arises concerning the better right to the benefit or in other special cases that may raise doubt, the Director shall elevate the matter to the Council for its decision.

13.- To authorize payments by the Judicial Branch.

14.- To exercise disciplinary authority over the heads of subordinate dependencies and over the personnel of the Dirección, without prejudice to the powers attributed to the Inspección Judicial, the Superior Council, and the President of the Corte.

15.- To grant half-day or full-day holidays, for civic or religious festivities, to the employees of the respective locations, in accordance with the law.

16.- To attend the sessions of the Council, with voice but no vote.

17.- Any other duty conferred by the law, the regulation, the Corte, the Council, or the President of the Corte.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 88 to article 93)

OF THE AUDITORIA OF THE JUDICIAL BRANCH

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 89 to article 94)

1.- To exercise supreme oversight over the economic regime of the Judicial Branch, without prejudice to what the Corte or the Council may decide.

2.- To direct, program, and supervise internal control tasks.

3.- To supervise the execution of the Budget.

4.- To control the proper use and correct allocation of public funds made available to the Judicial Branch, for which purpose they shall have access to all judicial dependencies and to the books, archives, and documents relating to financial transactions.

5.- To countersign, a posteriori, documents implying financial responsibility for the Judicial Branch in relation to the use of funds.

6.- To conduct reviews, with the necessary frequency, of expenses incurred by the Judicial Branch, to prepare the financial reports arising from those studies, and if any irregularity is found, to report immediately to the Council.

7.- To provide guidelines and recommendations to judicial employees of offices responsible for accounting activities.

8.- To collaborate with the Contraloría General de la República in external audit functions.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 90 to article 95)

If the absence extends beyond eight days, the Council shall appoint an interim auditor.

Appointments made on an interim basis may fall upon individuals who do not meet the requirements established in this Law, provided such appointments do not exceed three months. Upon expiration of this term, the Council must appoint a person who meets the established requirements, following a competitive selection process (concurso) to be convened by the Personnel Department.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 91 to article 96)

(*) OF COLLEGIATE TRIBUNALS AND COURTS OF FIRST INSTANCE

(*) OF COLLEGIATE TRIBUNALS (*)(Thus amended in its title by Article 4 of Law No. 7728 of December 15, 1997).

In each province or territorial zone established by the Corte Suprema de Justicia, there shall exist such contentious-administrative and civil treasury tribunals as the latter decides.

Tribunals may be mixed when justified by the number of matters they must hear.

(Thus amended by Article 8 "Creation of the appeal of judgment remedy, other reforms to the challenge regime, and implementation of new oral rules in criminal procedure," Law No. 8837 of May 3, 2010) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 92 to article 97)

1)The appeal of judgment remedy against judgments rendered by single-judge and collegiate trial tribunals.
2)The appeal against resolutions issued by the judges of the trial tribunal, when the law grants the admissibility of the remedy.
3)The disqualifications, excuses, and recusals of their proprietary and substitute members.
4)The conflicts of competence arising between trial tribunals within their territorial jurisdiction.
5)The conflicts arising between contraventional courts and trial tribunals within their territorial jurisdiction.
6)The appeal of judgment remedy within the specialized juvenile criminal jurisdiction.
7)Any other matters established by law.

(Thus amended by Article 8 "Creation of the appeal of judgment remedy, other reforms to the challenge regime, and implementation of new oral rules in criminal procedure," Law No. 8837 of May 3, 2010) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 93 to article 98)

The criminal appellate tribunals shall be comprised of independent sections, each composed of three judges, according to the needs of the service, and shall distribute their workload as provided for in this Law. The juvenile criminal jurisdiction shall have its appellate tribunals, specialized in this area, according to the needs of the service.

(Thus added by Article 5 of Law No. 8503 of April 28, 2006) (Thus amended by Article 8 "Creation of the appeal of judgment remedy, other reforms to the challenge regime, and implementation of new oral rules in criminal procedure," Law No. 8837 of May 3, 2010) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 93 bis to article 98 bis)

1-) The appeal of judgment remedy against judgments rendered by specialized tribunals for organized crime.

2-) The appeal against resolutions issued by the Specialized Tribunal for Organized Crime, when the law grants the admissibility of the remedy.

3-) The disqualifications, excuses, and recusals of its proprietary and substitute members.

The specialized criminal appellate tribunals for organized crime shall be comprised of independent sections, each composed of three judges, according to the needs of the service, and shall distribute their workload as provided for in this law.

(Thus added by Article 18 of the Law Creating the Specialized Jurisdiction in Organized Crime in Costa Rica, No. 9481 of September 13, 2017) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 93 ter to article 98 ter)

9343 of January 25, 2016, "Labor Procedural Reform".)

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 94 to article 99)

1)The Contentious-Administrative and Civil Treasury Cassation Tribunal shall hear and resolve the extraordinary cassation remedy when any of the following entities or bodies intervenes:
a)Professional colleges and any corporate-type entity.
b)Non-state public entities.
c)Education boards and any other board to which the law attributes substantive legal personality.
d)Public enterprises assuming organizational forms other than those of public law.
2)That Tribunal shall also hear and resolve, regardless of the entity or body responsible for the conduct, the cassation remedy in proceedings concerning disciplinary sanctions, administrative fines and sentences, and all enforcement of judgments corresponding to the Contentious-Administrative and Civil Treasury Jurisdiction.
3)On appeal, the resolutions issued by the contentious-administrative and civil treasury tribunals and the corresponding courts of first instance, when the law grants that remedy.
4)The disqualifications, excuses, and recusals of its judges, proprietary and substitute.
5)The conflicts of competence arising between the bodies that make up the Contentious-Administrative Jurisdiction, provided they do not correspond to the Sala Primera of the Corte Suprema de Justicia.
6)Any other matters established by law.

(Thus added by Article 212 of Law No. 8508 of April 28, 2006, Contentious-Administrative Procedural Code).

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 94 bis to article 99 bis)

1-) Be a Costa Rican citizen in full exercise of civic rights.

2-) Be at least thirty years of age.

3-) Possess the title of lawyer (abogado or abogada), legally recognized in Costa Rica, and have practiced this profession for six years, except in cases involving judicial officials with at least three years of judicial practice.

(Thus added by Article 2 of Law No. 9769 of October 18, 2019) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 94 ter to article 99 ter)

(Thus amended the preceding paragraph by Article 184, subpart 4), of the Civil Procedural Code, No. 9342 of February 3, 2016) 1. The appeals that are admissible against the resolutions of collegiate first-instance tribunals and civil courts. If the process involves a lesser amount (de menor cuantía), it shall be heard by a single member of the collegiate tribunal, acting individually.

(Thus amended the preceding subparagraph by Article 184, subpart 4), of the Civil Procedural Code, No. 9342 of February 3, 2016) 2. Questions regarding the subjective competence of its members.

(Thus amended the preceding subparagraph by Article 184, subpart 4), of the Civil Procedural Code, No. 9342 of February 3, 2016) 3.- Conflicts of competence in civil matters between authorities within its own territory.

4.- Any other matters established by law.

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 95 to article 100)

1.- Ordinary proceedings of greater amount.

2.- Questions regarding the subjective competence of their members.

3.- Any other proceedings established by law.

(Thus added by Article 184, subpart 4), of the Civil Procedural Code, No. 9342 of February 3, 2016) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 95 bis to article 100 bis)

1.- The trial phase, in proceedings against persons who, at the date of the events, belonged to the Supreme Branches of Government, or for crimes punishable by more than five years of imprisonment, unless the abbreviated procedure applies.

2.- The trial phase, in proceedings against comparable officials, but who at the time of trial do not hold those positions.

3.- The proceedings for injurious and defamatory acts committed via mass media. In such a case, the tribunal shall appoint one of its members to carry out the acts preliminary to trial.

4.- The disqualifications, excuses, and recusals of proprietary and substitute judges.

5.- Any other matters established by law.

(Thus amended by Article 4 of Law No. 7728 of December 15, 1997) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 96 to article 101)

1.- The appeal remedy against resolutions of the criminal judge.

2.- The conflicts of competence arising between criminal courts within their territorial jurisdiction.

3.- Rejected recusals and conflicts arising from inhibitions by criminal judges.

4.- Trials for crimes punishable by non-custodial penalties or up to a maximum of five years of imprisonment, except as provided in subparagraphs 2) and 3) of the preceding article.

5.- Extradition proceedings.

6.- The abbreviated procedure.

7.- Any other matters established by law.

In locations that are not the seat of a trial tribunal, the Corte may order the functioning of other offices attached to that tribunal; these shall be staffed by the necessary number of judges, based on mandatory service efficiency.

The judges of the principal seat and the attached offices may substitute for each other reciprocally.

(Thus added by Article 9 of Law No. 7728 of December 15, 1997).

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 96 bis to article 101 bis)

1-) The trial phase.

2-) The disqualifications, excuses, and recusals of the proprietary and substitute judges.

3-) The interlocutory appeals filed during the preparatory and intermediate stages.

(Thus added by Article 18 of the Law Creating the Specialized Jurisdiction in Organized Crime in Costa Rica, No. 9481 of September 13, 2017) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 96 ter to article 101 ter)

1)Contentious-administrative proceedings and ordinary civil treasury proceedings processed under the Contentious-Administrative Procedural Code, and the enforcement of their own judgments.
2)The disqualifications, excuses, and recusals of their judges, proprietary and substitute.
3)Any other matters established by law.

(Thus amended by Article 212 of Law No. 8508 of April 28, 2006, Contentious-Administrative Procedural Code) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 97 to article 102)

1)The appeals that are admissible in matters heard by the labor courts, except deferred appeals that might eventually have to be heard by the cassation bodies.
2)Any other matters established by law.

(Thus amended by Article 3, subpart b), of Law No. 9343 of January 25, 2016, "Labor Procedural Reform".)

(Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 98 to article 103)

1)In a collegiate panel of three judges, the following:
a)Appeals of final judgments from proceedings heard in Family Courts, Childhood and Adolescence Courts, and Domestic Violence and Protective Measures (Protección Cautelar) Courts.

(The phrase "except final judgments in international restitution proceedings regarding minors" in the preceding subparagraph was repealed by Article 5, subparagraph 2), of Law No. 10558 of October 23, 2024) b) Conflicts of material competence arising between Family Courts, Childhood and Adolescence Courts, or Domestic Violence and Protective Measures Courts.

2)By a single judge, the following:
a)Appeals of interlocutory resolutions from proceedings heard in Family Courts, Childhood and Adolescence Courts, or Domestic Violence and Protective Measures Courts.
b)Conflicts of territorial competence between Family Courts, between Childhood and Adolescence Courts, or between Domestic Violence and Protective Measures Courts.
c)The disqualifications, excuses, and recusals of one or more of their proprietary or substitute members.
d)Any other matters established by law.

(Thus amended by Article 2, point III), of the law approving the Family Procedural Code, No. 9747 of October 23, 2019) (Thus amended in its numbering by Article 1 of the Law for the Accountability of Judges of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former article 99 to article 104)

The Agrarian Tribunal shall hear:

1)The appeal filed against rulings and against judgments issued by the agrarian courts, when applicable.
2)The disagreements and conflicts of jurisdiction that arise between agrarian courts.
3)Conflicts between agrarian courts generated by the accumulation of proceedings.
4)In final instance and definitively, the appeals filed against resolutions of the Instituto de Desarrollo Rural (Inder) and other entities provided by law, when they are linked to agrarian and rural development activities.
5)The impediments and recusals of their members and the conflicts that arise for such reasons among the judges of the agrarian courts.
6)Other matters determined by the legal system.

(Thus amended by article 341, subsection 5) of the Código Procesal Agrario, N° 9609 of September 27, 2018) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 100 to article 105)

In those composed of more than one judge, their members shall internally elect a person to serve as coordinator for a period of four years, who may be reelected and shall have the functions assigned by law and by the Corte Plena. In the absence of an internal election agreement, after five votes have been taken, the Corte Plena shall appoint the coordinator.

The tribunals may have competence and jurisdiction in two or more cantons of different provinces, in one or several provinces, and even throughout the entire national territory. The Consejo Superior del Poder Judicial shall regulate the distribution of matters, by subject matter or territory, among the tribunals, to equalize the workload with the purpose of improving service and obtaining the most efficient result.

The rules relating to the functioning of collegiate tribunals shall be applicable, as appropriate, to all other tribunals.

To be a judge of cassation or a judge of appeal of judgment, the following is required:

1.- To be a Costa Rican in exercise of civic rights.

2.- To be at least thirty-five years of age.

3.- To hold a law degree, legally recognized in the country, and to have practiced the profession for ten years, unless the person is a judicial official with a minimum of five years of judicial practice. These judges shall earn a higher salary than the other judges of the collegiate tribunal." (Thus amended by article 5° of Law N° 9021 of January 3, 2012) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 101 to article 106)

1-) To be a Costa Rican in exercise of civic rights.

2-) To be at least thirty years of age.

3-) To hold a law degree, legally recognized in the country.

4-) To have practiced as a legal professional in auxiliary justice or jurisdictional areas, in criminal matters, for a minimum of five years and to be eligible on the corresponding roster.

5-) To hold a permanent professional appointment within the Judicial Branch.

6-) To possess specialized training in organized crime given by the Escuela Judicial or in coordination with it, or validated by the institution through the Dirección de Gestión Humana.

These judges shall earn a salary incentive compared to other judges of the same category.

To be a judge of the Tribunal Penal Especializado en Delincuencia Organizada and of the Tribunal de Apelación de Sentencia de la Jurisdicción Especializada en Delincuencia Organizada, whether titular or substitute, the following is required:

1-) To be a Costa Rican in exercise of civic rights.

2-) To be at least thirty-five years of age.

3-) To hold a law degree legally recognized in the country.

4-) To have practiced as a legal professional in auxiliary justice or jurisdictional areas, in criminal matters, for a minimum of six years and to be eligible on the corresponding roster.

5-) To hold a permanent professional appointment within the Judicial Branch.

6-) To possess specialized training in organized crime given by the Escuela Judicial or in coordination with it, or validated by the institution through the Dirección de Gestión Humana.

These judges shall earn a salary incentive compared to the other judges of the Tribunal Penal or the Tribunal de Apelación de Sentencia, as applicable in each case.

In the specialized jurisdiction, it is the responsibility of the Consejo Superior del Poder Judicial to appoint the judges of the Juzgado Penal and the processing judges, and the Corte Suprema de Justicia to appoint the judges of the Tribunal Penal and the Tribunal de Apelación de Sentencia. The head of the Ministerio Público, the director of the Organismo de Investigación Judicial, and the director of the Defensa Pública shall make, respectively, the appointments of all professional, technical, and support staff assigned to their area of competence within said jurisdiction.

The Consejo Superior and the other directorates of the institution shall do likewise, in accordance with their appointment powers, with the remaining personnel designated as specialized in this jurisdiction. All appointments in this specialized jurisdiction shall be made for a period of up to eight years, without the possibility of reelection for the immediately following period. Once the appointment period has expired, the personnel shall return to their permanent post. Their appointment may be extended for the time necessary to conclude pending procedural acts or other assignments under their responsibility, duly justified, or until the person who is to assume the new period is appointed.

To serve in the Jurisdicción Especializada en Delincuencia Organizada, it shall be necessary to hold a permanent appointment in the Judicial Branch and to pass a rigorous recruitment and selection process, in accordance with the principle of proven suitability, conducted by the Dirección de Gestión Humana. Once the appointment in the specialized jurisdiction has concluded, the official shall return to their permanent post.

All persons serving in the Jurisdicción Especializada en Delincuencia Organizada must be evaluated, at a minimum, every two years, by the Dirección de Gestión Humana, which shall be provided with the necessary personnel and budget, in order to verify that they maintain suitability for the position, as established by the Estatuto de Servicio Judicial and when exceptionally requested by any superior instance, or one responsible for the supervision and fulfillment of probity duties; among them, heads of the Ministerio Público, Defensa Pública, Organismo de Investigación Judicial, Consejo Superior, Presidencia de la Corte Suprema de Justicia, or the Oficina de Cumplimiento. Unfavorable results from any suitability evaluation for serving in the specialized jurisdiction shall be forwarded for the knowledge of the authority that made the appointment, which may, among other options, revoke the appointment in this jurisdiction and return the official to their permanent post. Upon the opening of disciplinary and/or criminal proceedings, the respective head of the denounced or investigated person may adopt, as an administrative measure, duly justified, the return of the official to their permanent post, to continue with the processing of the respective procedure.

While serving exclusively in the Jurisdicción Especializada en Delincuencia Organizada, those working in said jurisdiction shall earn a salary incentive. In the event that the sanction resulting from a disciplinary proceeding is a suspension, this must be served in the permanent post, without earning the aforementioned incentive.

Those serving in the specialized jurisdiction shall have special protection only when risk factors arise from the exercise of their functions that make it necessary, according to the respective technical studies.

Those serving in the Jurisdicción Especializada en Delincuencia Organizada shall also perform duties within the ordinary jurisdiction, when institutional requirements so determine. Likewise, when circumstances warrant it and for specific proceedings, those serving in the ordinary jurisdiction may perform duties in proceedings of the specialized jurisdiction, without this entailing the recognition of the salary incentive provided for the specialized jurisdiction, nor the assignment of a post in that jurisdiction.

(Thus added by article 18 of the Law Creating the Jurisdicción Especializada en Delincuencia Organizada, N° 9481 of September 13, 2017) (Thus amended by article 1° of Law N° 10369 of May 30, 2023) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 101 bis to article 106 bis)

If the courts belong to collegiate tribunals of different territories, the respective Tribunal de Casación is responsible for resolving the conflict, or, in the absence of the latter, the pertinent Chamber of the Court. If they are courts of different subject matter, whether or not from the same territory, it corresponds to the respective Tribunal de Casación, or, in the absence of the latter, to the Chamber of the Court corresponding to the subject matter to which the body before which the matter was filed or which first took cognizance belongs, unless other provisions exist in the law.

(Thus amended by article 4° of Law N° 7728 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 102 to article 107)

(*) Of the courts of first instance and criminal courts (*)(Thus its title modified by article 4° of Law N° 7728 of December 15, 1997)

(Thus amended by article 4° of Law N° 7728 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 103 to article 108)

(Thus amended by article 4° of Law N° 7728 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 104 to article 109)

1)All civil and commercial proceedings, with the exception of the ordinary proceeding of higher amount. Also, the monitorios arrendaticios and evictions filed for or against the State, a public entity, or a public company.
2)Challenges regarding subjective jurisdiction, when applicable.
3)Other proceedings determined by law.

(Thus amended by article 184, part 4) of the Código Procesal Civil, N° 9342 of February 3, 2016) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 105 to article 110)

a)Proceedings and their execution relating to conflicts and determinations of the law of family relations, except those heard in the Alimony, Domestic Violence, or Children and Adolescents Courts.
b)Appeals from the Alimony Courts.
c)Territorial jurisdiction conflicts arising between Alimony Courts.
d)Other matters stipulated by law.

(Thus amended by article 2°, point III) of the law that approved the Código Procesal de Familia, N° 9747 of October 23, 2019) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 106 to article 111)

The Children and Adolescents Courts shall hear:

1)Family resolution proceedings and the execution of judgments arising from them, concerning claims of opposition to adoption, opposition to the declaration of adoptability before the administrative authority, the suspension of the attributes of parental responsibility, and the loss of parental responsibility, with or without a request for adoptability.
2)Protective precautionary measures related to minors.
3)Proceedings relating to the adoption of minors and opposition thereto.
4)Matters involving unilateral petitions for the appointment of custodians for minors and the appointment of guardians for minors.
5)The notification proceeding established in article 32 of Law N.º 7739, Código de la Niñez y la Adolescencia, of January 6, 1998.
6)Procedures for the international return of minors, international adoption, and other applications of international conventions relating to matters of childhood and adolescence.

The procedures established in subsection 6) must be heard exclusively in the Children and Adolescents Courts of the First Judicial Circuit of San José.

In places where this office does not exist, the jurisdiction over these matters shall correspond to the Family Court.

(Thus added by article 3°, point III) of the law that approved the Código Procesal de Familia, N° 9747 of October 23, 2019) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 106 bis to article 111 bis)

Efforts shall be made to ensure that the same official does not assume both stages in a single proceeding, unless, due to the number of matters heard, the office is composed of a single judge.

Furthermore, the criminal judge shall be responsible for hearing the jurisdictional acts necessary to address international cooperation requests that are appropriate in order to determine the following in investigations being processed in the requesting country:

a)criminal liability of natural persons, b) criminal liability of legal persons, and c) any other liability of legal persons deriving from an investigation for the bribery of a foreign public official, the assets obtained as a product of said bribery, and false accounting to facilitate or conceal the preceding acts.

(Thus amended by article 1° of the law "Amendments to Laws on Anti-corruption Matters to Address Recommendations of the Working Group on Bribery in International Business Transactions of the Organisation for Economic Co-operation and Development (OECD)", N° 10373 of September 20, 2023) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 107 to article 112)

Efforts shall be made to ensure that a judge does not assume both stages in a single proceeding.

(Thus added by article 18 of the Law Creating the Jurisdicción Especializada en Delincuencia Organizada, N° 9481 of September 13, 2017) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 107 bis to article 112 bis)

(Thus amended by article 4° of Law N° 7728 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 108 to article 113)

1)All matters indicated in the tenth title of the Código de Trabajo.
2)Legal, economic, and social conflicts corresponding to their territorial jurisdiction and those of other jurisdictions, as determined by the Corte Suprema de Justicia.
3)Any other matter or proceeding whose jurisdiction is attributed to them by law.

(Thus amended by article 3°, part b) of Law N° 9343 of January 25, 2016, “Labor Procedural Reform”.)

(Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 109 to article 114)

1)All civil treasury proceedings that are not ordinary proceedings, of any amount, except if they are executive proceedings or related to the application of the Ley general de arrendamientos urbanos y suburbanos, even when the action is exercised for or against the State, a public entity, or a public company. These courts shall also not hear precautionary measures or non-contentious activity related to executive proceedings or those concerning the application of the Ley general de arrendamientos urbanos y suburbanos.
2)The enforcement of judgments issued by the Sala Constitucional, in amparo and hábeas corpus proceedings.
3)Injunctions of any amount, exercised for or against the Public Administration, whether centralized or decentralized, and other public institutions, as well as those related to public companies.

(Sinalevi Note: Article N° 37, part d) of the Ley de Cobro Judicial N° 8624 of November 1, 2007, indicates the repeal of the following phrase from the previous subsection: "except in cases where, by express rule, they must be heard by a civil treasury court of summary matters," however, through article 212 of Law N° 8508 of April 28, 2006, Código Procesal Contencioso-Administrativo, this article was reformed in its entirety, a reform that took effect on January 1, 2008, and according to the new text granted, the phrase that numeral 37, part d) indicates to repeal does not exist.)

4)Special appraisal proceedings for expropriation.

(Sinalevi Note: Article N° 37, part e) of the Ley de Cobro Judicial N° 8624 of November 1, 2007, indicates the repeal of the following phrase from the previous subsection: "provided that the matter, due to its amount, does not need to be heard in a civil treasury court of summary matters," however, through article 212 of Law N° 8508 of April 28, 2006, Código Procesal Contencioso-Administrativo, this article was reformed in its entirety, a reform that took effect as of January 1, 2008, and according to the new text granted, the phrase that numeral 37, part e) indicates to repeal does not exist.)

5)Other matters determined by law.

(Thus amended by article 212 of Law N° 8508 of April 28, 2006, Código Procesal Contencioso-Administrativo).

(Sinalevi Note: Article N° 37, part f) of the Ley de Cobro Judicial N° 8624 of November 1, 2007, indicates the repeal of subsections 6 and 7 of article 110; however, through article 212 of Law N° 8508 of April 28, 2006, Código Procesal Contencioso-Administrativo, this article was reformed in its entirety, a reform that took effect as of January 1, 2008; according to the new text granted, the subsections that numeral 37, part f) indicates to repeal do not exist.)

(Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 110 to article 115)

1.- At first instance, accusations attributed to minors for the commission of or participation in crimes or contraventions. They shall also hear criminal cases pursued against adults, provided that the act occurred during their minority.

2.- At first instance, accusations attributed to minors, even when they reach the age of majority.

3.- Decisions on any precautionary measure that restricts a fundamental right of the minor accused.

4.- Approval of conciliation, suspension of proceedings, the application of the principle of opportunity, and any other procedural measures that conclude the proceeding.

5.- Decisions on the sanctions applicable to minors, in accordance with the general principles informing the matter.

6.- Any other function granted by law.

(Thus amended by article 4° of Law N° 7728 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 111 to article 116)

1.- Determinations of penalty and security measures subsequent to those applied by the sentencing tribunal.

2.- Incidents and motions formulated in relation to control and surveillance measures, during the enforcement stage.

3.- The extinguishment, substitution, or modification of custodial sentences and imposed security measures.

4.- Enforcement incidents, petitions, complaints, and appeals filed by the parties at this stage of the proceeding.

5.- Other matters established by law." (Thus amended by article 4° of December 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 112 to article 117)

The agrarian courts shall hear matters within their jurisdiction, regardless of the economic value of the claims. These include:

1)First instance in all anticipatory, contentious, non-contentious, and enforcement proceedings.
2)Impediments and recusals of their judges, in the manner set forth in Law N.° 7333, Ley Orgánica del Poder Judicial, of May 5, 1993.
3)Assistance requested by other judicial and arbitral tribunals.
4)Enforcement of awards and precautionary measures issued in arbitral proceedings related to matters linked to agricultural production activity.
5)The promotion and practice of conciliations.
6)Other matters determined by the legal system.

(Thus amended by article 341, subsection 5) of the Código Procesal Agrario, N° 9609 of September 27, 2018) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 113 to article 118)

(*) Of the courts of lesser amount and contraventional courts (*)(Thus its title modified by article 4° of Law N° 7728 of December 15, 1997).

The Court shall set their territorial, subject matter, and amount jurisdiction, as well as their seat.

The determination of the amount shall be reviewed every two years, for which purpose an inflation index report shall first be requested from the Banco Central de Costa Rica. If a month elapses without receiving this report, it shall be dispensed with and the corresponding determination shall be made, which shall take effect one month after its first publication in the Boletín Judicial.

(Thus amended by article 4° of Law N° 7728 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 114 to article 119)

(Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 115 to article 120)

(Thus amended by article 3°, part b) of Law N° 9343 of January 25, 2016, "Labor Procedural Reform".)

(Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 116 to article 121)

1.- The contraventions established in the Código Penal.

2.- Police violations and all kinds of contraventions and simple infractions provided for in special laws, except those of a labor nature.

3.- Other matters indicated by law.

(Thus amended by article 4° of Law N° 1252 of December 15, 1997) (Thus its numbering modified by article 1° of Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from former article 117 to article 122)

In such eventual cases, the contraventional judge acts by delegation, and the criminal judge must take the necessary measures for that delegation and regarding the control of the actions; also, if necessary, may direct them personally.

The Court shall establish which contraventional courts shall bear this additional jurisdiction referred to in the preceding paragraph.

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 118 to Article 123)

8508 of April 28, 2006, and subsequently repealed again by Article 37, subsection b) of Law No. 8624 of November 1, 2007) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 119 to Article 124)

1)Family dissolution processes (procesos resolutivos familiares) and their enforcement, whose final resolution does not produce substantive res judicata (cosa juzgada material), except for the suspension of parental responsibility attributes.
2)Precautionary protective measures (diligencias de protección cautelar) concerning minors.
3)Matters of unilateral petition.
4)The communication proceeding (diligencia de comunicación) established by Article 32 of Law No. 7739, Code on Children and Adolescents, of January 6, 1998.
5)Other matters stipulated by law.

(As added by Article 3, point III) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 119 bis to Article 124 bis)

1)All matters referring to support benefits (prestaciones alimentarias) derived from family relationships.
2)The enforcement of retroactive child support payments stipulated in the judgment of the family dissolution process for the establishment of filiation.
3)Other matters stipulated by law.

(As amended by Article 2, point III) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 120 to Article 125)

1.- Traffic infractions.

2.- Other matters determined by law.

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 121 to Article 126)

The Domestic Violence and Protective Measures Courts (juzgados de Violencia Doméstica y de Protección Cautelar) shall hear:

1)All matters related to precautionary protective proceedings for intrafamily violence, older adults, and persons with disabilities.
2)Other matters stipulated by law.

In locations where no Domestic Violence Court exists, these matters shall be processed by the Family Courts, and where these offices also do not exist, they shall be heard in the contraventional courts (juzgados contravencionales), unless a specific decision by the Supreme Court of Justice states otherwise.

(As added by Article 3, point III) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 121 bis to Article 126 bis)

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 122 to Article 127)

Small Claims Labor Tribunals and the Liaison Judge in Matters of Children and Adolescents (As amended the denomination of the former chapter by Article 2, subsection 1) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019. Previously it stated: "Of the Small Claims Labor Tribunals")

9343 of January 25, 2016, "Labor Procedural Reform".)

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 123 to Article 128)

7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 124 to Article 129)

The Supreme Court of Justice, from among the judges of the Judicial Branch in family matters, shall select one or more persons who will exercise the function of liaison judges, with the task of facilitating direct judicial consultations and communications regarding matters processed in the application of international conventions and national laws.

These judicial consultations and communications may be reciprocal between foreign courts and national courts, and a record of these shall be placed in the respective case files (expedientes) with communication to the parties.

(As added by Article 3, point III) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 124 bis to Article 129 bis)

(*)Of the Processing Judges (jueces tramitadores) (*)(As amended its denomination by Article 4 of Law No. 7728 of December 15, 1997).

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 125 to Article 130)

1.- Processing and carrying out all the matters of the office, with functional independence and their own responsibility.

2.- Recording in the court orders (autos) all certifications and records referring to judicial actions.

3.- Issuing certifications.

4.- Issuing letters rogatory (suplicatorios), letters of request (exhortos), and writs of command (mandamientos).

5.- (Repealed by Article 62, subsection b) of the Law on Judicial Notifications, No. 8687 of December 4, 2008) 6.- Signing the receipt acknowledgment (razón de recibido) for the writs, documents, and copies presented to the court office. This power may be delegated to other servants.

7.- Maintaining the accounting of judicial deposits, with all the obligations inherent to the position, in offices where there is no accountant, or a centralized treasury office has not been organized.

8.- Supervising that subordinate servants fully comply with all their duties and obligations, to achieve maximum efficiency.

9.- Fulfilling the other obligations inherent to the exercise of the position and others indicated by law or attributed by the Court.

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 126 to Article 131)

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 127 to Article 132)

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 128 to Article 133)

(As amended by Article 4 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 129 to Article 134)

7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 130 to Article 135)

OF ARBITRATOR JUDGES (JUECES ARBITROS)

If the parties do not express the designation of the arbitrator, they shall be understood to have appointed an arbitrator of law (árbitro de derecho).

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 131 to Article 136)

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 132 to Article 137)

This obligation ceases:

1.- Upon the occurrence of a cause implying an impediment to exercising the position or constituting a legal ground for excuse or recusal.

2.- If they contract an illness that prevents them from continuing to exercise their functions.

3.- If, for any reason, they must absent themselves from the place where the proceeding is being conducted for more than one month.

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 133 to Article 138)

Arbitrators acting in equity (árbitros arbitradores) do not require special conditions other than appointment by the parties.

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 134 to Article 139)

(*)Organization of the Courts

(*)Of Auxiliary Personnel (*)(As amended its denomination by Article 5 of Law No. 7728 of December 15, 1997).

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 135 to Article 140)

When it concerns permanent appointments, they must request the respective lists of three candidates from the Personnel Department, which may be rejected if they consider that none of the candidates satisfies the office's needs. If the position is vacant, the permanent appointment may not be deferred for more than three months. The same rules shall apply for the appointments of subordinate personnel in the rest of the judicial offices.

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 136 to Article 141)

Said servants may be absent from their offices during the hours they are authorized to attend courses and exams, but for the rest of the time, as well as during vacations and holidays at the educational center, they must attend the office punctually.

The Council may cancel the benefit referenced in the preceding paragraph, after verifying, by the means it deems appropriate, that the student, without just cause, does not regularly attend the corresponding courses, does not report to perform his duties, or that, due to lack of interest in his studies, falls behind in completing his professional degree.

(As amended by Article 5 of Law 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 137 to Article 142)

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 138 to Article 143)

The relationship created under the provisions of this article does not create labor rights in favor of the meritorious servant, but it does empower the exercise of the disciplinary regime.

When the head of the office considers the presence or conduct of the meritorious servant inconvenient, he may dispense with the latter, informing the Council.

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 139 to Article 144)

(As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 140 to Article 145)

Furthermore, it shall be responsible for communicating the agreements of the Full Court and the Council.

The Secretary of the Court shall be responsible for authenticating the signatures of judicial officials on documents that must be sent abroad, without prejudice to the fact that the President of the Judicial Branch may also do so.

(As amended the preceding paragraph by Article 2 of Law No. 8795 of January 4, 2010) Furthermore, the Secretary shall assist the President of the Court in the administrative functions assigned to him and shall be the secretary of the Council.

Both the Secretaries of the Court and those of the Chambers must be lawyers.

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 141 to Article 146)

The centralized service offices of the respective circuit shall report to him.

The general administrator shall be appointed by the Executive Director and must hold a university degree as a public administrator or be a professional in a related activity. His specific functions shall be:

1.- Planning, organizing, directing, coordinating, and supervising the functions of the units and offices under his charge.

2.- Directing, organizing, planning, and coordinating the administrative activities of the offices of the circuit.

3.- Formulating the respective preliminary budget draft.

4.- Processing the appointment of support staff for all courts and offices of the circuit.

5.- Processing leaves of absence, substitutions, temporary appointments (interinazgos), as well as intra-organizational transfers between different work teams or groups.

6.- Executing the administrative policy of the courts of the circuit.

7.- Authorizing the expenses of the jurisdictional bodies and judicial offices of the circuit for proceedings, copies, and minor purchases, through a petty cash fund and for other services of a similar nature.

8.- Controlling the movement of the petty cash fund.

9.- Assigning, supervising, controlling, overseeing, and evaluating the work of all assistant personnel in charge of executing the different tasks of the office he directs.

10.- Ensuring the proper functioning and cleanliness of the buildings housing the units and offices of the circuit.

11.- Coordinating activities with other internal and external bodies, as required and according to his judgment.

12.- Proposing to the competent bodies, changes, adjustments, and recommendations in the areas of his competence.

13.- Rendering to the Court or whomever it indicates, an annual report on the activities carried out, the proposed and achieved goals, and the needs to be resolved to guarantee and improve the service.

14.- Rendering the reports requested by superiors.

15.- Ensuring the timely and proper issuing of judicial deposits and their accounting.

16.- Others established by law or the Court.

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 142 to Article 147)

(*)Of the General Organization of the Courts (*)(As amended by Article 5 of Law No. 7728 of December 15, 1997).

This organization system shall seek the participation of judges and other judicial servants in administrative decision-making.

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 143 to Article 148)

The tasks of these offices may extend beyond usual working hours, as needed to improve public service.

These offices shall report to the general administration.

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 144 to Article 149)

This office shall be in charge of a private accountant, registered with the respective Professional Association, who must post a guarantee of one million colones.

The foregoing is without prejudice to the Superior Council authorizing the offices located outside the central seat of the respective judicial circuit to use an accounting assistant to collaborate in the check issuance process and the accounting of judicial deposits.

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 145 to Article 150)

The officials in charge of this work shall have the power to execute the arrest, transfer, and presentation orders for persons that the jurisdictional or Public Ministry authorities order in the exercise of their functions.

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 146 to Article 151)

(As amended by Article 5 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 147 to Article 152)

OF THE PERSON IN CHARGE OF TREASURY

7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 148 to Article 153)

OF THE PERSONS AND DEPENDENCIES THAT ASSIST THE ADMINISTRATION OF JUSTICE

OF THE ORGANS

(As amended by Article 6 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 149 to Article 154)

OF THE PUBLIC AND EX OFFICIO DEFENDERS

It shall be headed by a chief and shall have the organization that the Court provides.

(As amended by Article 6 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 150 to Article 155)

Upon the proposal of the chief, the Court shall appoint the deputy chief of the Public Defense, who must meet the same requirements as the former.

(As amended by Article 6 of Law No. 7728 of December 15, 1997) (As renumbered by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 151 to Article 156)

The authority processing the case shall warn them that, if it is shown that they have financial solvency, they must appoint a private lawyer or pay the Judicial Branch for the public defender's services, according to the assessment to be made by the judge.

Likewise, employees of the Judicial Investigation Agency (Organismo de Investigación Judicial) and other judicial servants shall have the right to be appointed a public defender (defensor público) when they are brought before the courts or the disciplinary body for matters directly related to the performance of their duties.

It shall also provide a defender, in non-criminal agrarian proceedings, to the party that requests it and meets the requirements established by the law on the subject.

(Thus amended by Article 6° of Law N° 7728 of December 15, 1997) (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 152 to Article 157)

These items may be collected, as appropriate, from users with demonstrated economic resources to pay them or from the defeated opposing party.

The certification issued by the corresponding authority regarding the amount of the fees or costs shall constitute an enforceable title (título ejecutivo). On its own motion or at the request of a party, the authority hearing the process shall order that a sufficient preventive security (garantía preventiva) of a real or pecuniary nature be provided while the process is pending and, upon its conclusion, order the seizure (embargo) of the debtor's assets in an amount sufficient to guarantee payment of the monies owed to the Public Defense Office.

The defender responsible for carrying out the steps for payment of the fees and/or costs shall only take actions urging the party to comply with the due payment of the fees and/or costs already set by the authority. If the obligated person refuses to make payment, the defender in charge of the process shall collect them within the same process. If, due to the nature of the process, this is not possible, they shall inform the Head of the Public Defense Office to transfer it to the Legal Directorate of the Judicial Branch (Dirección Jurídica del Poder Judicial), so that the latter can assess, based on the principles of reasonableness and proportionality, the appropriateness of carrying out a judicial collection process. If deemed appropriate, it shall be sent to the Office of the Attorney General of the Republic (Procuraduría General de la República) to carry out the corresponding collection in favor of the Public Defense Office.

In proceedings in which the Public Defense Office participates, an award of costs and/or fees in its favor must be requested, provided it is appropriate. When such an award is made, the resources shall be allocated to the financing and strengthening of the specialized section that generates the income, as the laws for each matter provide. The public defender or legal aid attorney (abogada de asistencia social) may waive the collection of fees and/or costs pertaining to the institution when pertinent to facilitate an alternative conflict resolution (resolución alterna del conflicto), according to their technical judgment, endorsed by whomever the Head of the Public Defense Office indicates.

The setting and collection of fees and costs for labor matters shall be governed by the provisions of the Labor Code (Código de Trabajo), Law N° 2, of August 27, 1943, and its amendments, which shall prevail over what is established herein.

(Thus amended by Article 1° of Law N° 10257 of May 6, 2022, "Amendments to the Organic Law of the Judicial Branch, to guarantee the financing of the specialized sections of the public defense") (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 153 to Article 158)

(Thus amended by Article 1° of Law N° 10257 of May 6, 2022, "Amendments to the Organic Law of the Judicial Branch, to guarantee the financing of the specialized sections of the public defense") (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 154 to Article 159)

Public defenders must be of legal age, lawyers (abogados), and citizens in the exercise of their rights.

When, within the same territorial jurisdiction (circunscripción territorial), there is more than one public defender, the Head of the Public Defense Office shall regulate, by means of an agreement, the distribution of work among them.

(Thus amended by Article 6° of Law N° 7728 of December 15, 1997) (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 155 to Article 160)

They shall have the functions assigned to them by the head office, this Law, its Regulations, and the descriptive Job Manual.

Legal assistants must have completed at least the third year of their professional degree or equivalent studies in Law.

(Thus amended by Article 5° of Law N° 7728 of December 15, 1997) (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 156 to Article 161)

However, professionals shall always displace those who lack a degree, but the term for which the latter have been appointed shall be respected.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 157 to Article 162)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 158 to Article 163)

Every lawyer who has an open office is obligated to simultaneously accept up to two court-appointed defenses.

The position of court-appointed defender is unpaid, and the person on whom the appointment falls may only be excused from serving for a just cause, in the judgment of the respective court. The lawyer or law graduate designated as a court-appointed defender may not later appear as a private defender in the same process.

(Thus amended by Article 6° of Law N° 7728 of December 15, 1997) (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 159 to Article 164)

EXECUTORS (EJECUTORES) AND CURATORS (CURADORES)

They may not act outside the territory of the Office (Despacho) that appoints them, and in the exercise of their duties, they must act assisted by two witnesses, observe the legal provisions governing the case, and act within the limits established in the warrant (mandamiento) granting them the commission.

Judicial servants (servidores judiciales) may not be executors, with the exception of the members of the Office of Executors and Appraisal Experts (Oficina de Ejecutores y Peritos Valuadores), which must be created.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 160 to Article 165)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 161 to Article 166)

JURISDICTION AND COMPETENCE SOLE CHAPTER GENERAL PROVISIONS

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 162 to Article 167)

1.- When the case is concluded and the judgment executed.

2.- When the judge has been commissioned by another to carry out a proceeding, once the assignment is fulfilled.

3.- When, being ancillary, the case is sent to the judge hearing the main case.

4.- When the judge has been declared unable by virtue of impediment, excuse, or recusal (impedimento, excusa o recusación).

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 163 to Article 168)

1.- By the judge's excuse, from the time it is raised until the parties agree or it is declared inadmissible in the first instance.

2.- By recusal, from the time it is legally filed until it is declared unfounded in the first instance.

3.- By the exception of lack of competence or declinatory plea (excepción de incompetencia o declinatoria de competencia), from the time the document in which it is alleged is presented until it is declared without merit, except for processing and resolving said exception, or by the declaration of lack of competence made by the official until it is revoked by the superior.

4.- By the appeal granted with both effects (apelación otorgada en ambos efectos).

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 164 to Article 169)

The judge may only hear matters not subject to their competence when it is legally extended (prorrogada) or delegated to them.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 165 to Article 170)

The same procedure shall be observed when a small claims probate proceeding (proceso sucesorio de menor cuantía) exerts attractive jurisdiction (fuero de atracción) over another of larger amount or unquantifiable value.

However, the following shall not be grounds for recusal (inhibición) in a small claims proceeding:

1.- The set-off asserted for a debt for an amount equal to or greater than that of a large claim, if the credit is acknowledged by the debtor.

2.- The set-off and counterclaim regarding credits of a larger amount, if the creditor limits their claim to the sum designated by the Court (Corte) as a small claim, waiving the excess.

3.- The execution of a judgment in a large claim matter or the incidents of larger amounts raised within it.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 166 to Article 171)

In the case of criminal courts, the sentence shall be executed by the same court, provided it condemns to a liquid sum.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 167 to Article 172)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 168 to Article 173)

If an appeal is filed by one of the parties, or if, no appeal having been filed, this latter official disagrees with that opinion, the superior of both shall decide the competence without further procedure and as soon as the case file is received.

The official who is ultimately determined to be competent shall continue the proceedings if the procedures established by law for the trial are the same as those initiated by the official who withdrew from hearing the matter. If this is not the case, they shall return the proceedings to the stage necessary for the process to take its normal course.

Conflicts of jurisdiction between administrative and judicial authorities shall be decided in the manner determined by the respective procedural codes.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 169 to Article 174)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 170 to Article 175)

When the set-off exception is proposed, the judgment admitting it shall only be effective regarding the declaration of the defendant's credit up to the amount of the claim.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 171 to Article 176)

It shall also be the judge's responsibility to execute the resolutions and orders (providencias) legally issued by the arbitrators.

(Thus amended by Article 6° of Law N° 7728 of December 15, 1997) (Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 172 to Article 177)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 173 to Article 178)

DISCIPLINARY REGIME

GENERAL PROVISIONS

For these purposes, the necessary agile and reliable control mechanisms shall exist.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 174 to Article 179)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 175 to Article 180)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 176 to Article 181)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 177 to Article 182)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 178 to Article 183)

It shall also indicate the final or interlocutory judgments (sentencias definitivas o interlocutorias) issued in the specified period, the justification for any delays, if any, and any other information of interest.

In order to establish proper control, the Planning Department (Departamento de Planificación) shall issue a general report identifying mainly detected problems and proposing case-specific solutions.

In addition to the aforementioned reports, the Council may order others to be issued when it deems it necessary.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 179 to Article 184)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 180 to Article 185)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 181 to Article 186)

DISCIPLINARY COMPETENCES

The penalties of warning (advertencia) and reprimand (amonestación) shall be adopted by a simple majority of the total number of Magistrates. To decree suspension, the agreement must be reached by two-thirds of the total number of its members. If the same number of Magistrates considers that the appropriate measure is revocation of the appointment, the Court shall communicate this to the Legislative Assembly (Asamblea Legislativa) for it to resolve accordingly. To substantiate the proceedings brought against a Magistrate, the Court shall designate one of its members as the investigating body (órgano instructor).

It is also the responsibility of the Court to exercise the disciplinary regime over the Attorney General (Fiscal General), the Deputy Attorney General (Fiscal General Adjunto), the Director and Deputy Director of the Judicial Investigation Agency. In such case, the Judicial Inspection (Inspección Judicial) shall act as the investigating body.

Without prejudice to the provisions in this Title regarding the disciplinary regime, the President of the Court may warn and reprimand and even preventively suspend, for up to one month, with pay, officials and judicial employees from the exercise of their functions or employment, in cases where they may be disciplinarily sanctioned, prior to reporting to the Full Court (Corte Plena), the Council, or the Tribunal of the Judicial Inspection (Tribunal de la Inspección Judicial), so that, following due process, they may rule on the penalty or the revocation of the appointment.

The President also has the power to arrange swaps (permutas) or transfers of employees or officials for the betterment of the service; they must report in due course to the Full Court, the Council, or the Tribunal of the Judicial Inspection for them to decide what is considered appropriate.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 182 to Article 187)

The final resolutions of the Full Court must be duly substantiated.

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 183 to Article 188)

(Thus amended in its numbering by Article 1° of the Law for the Accountability of Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, N° 10866 of March 4, 2026, which transferred it from the former Article 184 to Article 189)

The decision must be communicated to the Personnel Department and the Tribunal of the Judicial Inspection. When the latter considers, within fifteen days following receipt of the communication, that any of the grounds for nullity provided in Article 210 of this Law concur, it shall order the nullity of the proceedings. In such case, it shall assume knowledge of the matter and restore the procedures as necessary, applying the rules established in Chapter IV of this Title.

In the penalties imposed by heads on servants of their own office, the procedure established in this Law shall be observed. These penalties shall have an appeal (recurso de apelación) before the Tribunal of the Judicial Inspection. The appeal must be filed directly with the Tribunal by telegraph, fax, or in writing on plain paper, within three days following the communication of the disciplinary measure. If the measure is a suspension and the Tribunal revokes it, the servant shall be entitled to payment of the salaries they failed to receive. The Tribunal shall apply, when appropriate, the provisions of Article 210 of this Law.

(Note from Sinalevi: By resolution of the Constitutional Chamber (Sala Constitucional) N° 009277 of June 13, 2018, this provision was interpreted in accordance with recital XIV of the ruling of the Constitutional Chamber N° 002193- of February 9, 2018, as follows: "XIV.—Conclusion and Annotation. In short, the Chamber concludes that, if the right to appeal is recognized in the disciplinary procedure, albeit with some limitations, its exercise must enjoy each and every attribute recognized by constitutional and conventional law. The appeal must always be a means to repair an injury, a grievance, and never a source of further harm. The official consultation must not be a mechanism to prolong a disciplinary procedure, nor a means to aggravate a punishment.") By connection or consequence, that second paragraph of Article 213 of the LOPJ must be annulled, which states: “Likewise, all final decisions rendered in disciplinary proceedings that could not be or were not appealed shall be communicated to the Superior Council, which within a period not exceeding fifteen days may hear the matter if it deems that any of the grounds for nullity (causales de nulidad) provided in the preceding Article 210 are present. If from the study of the matter it is concluded that a ground exists, it shall order the corresponding remand.” The foregoing is ordered based on the powers conferred upon this Chamber by the Law of Constitutional Jurisdiction (Ley de la Jurisdicción Constitucional), in its Article 89. Likewise, the Court observes that Article 185 of the same LOPJ establishes a provision analogous to the foregoing, regarding the Tribunal de la Inspección Judicial, when it hears a matter by reason of the disciplinary power conferred upon office heads. This provision states:

“Article 185.—Notwithstanding the provisions of the preceding articles, office heads may exercise the disciplinary regime over their subordinates when, due to the nature of the offense, a suspension greater than fifteen days should not be applied. The decision must be communicated to the Personnel Department and to the Tribunal de la Inspección Judicial.

When the latter deems, within fifteen days following receipt of the communication, that any of the grounds for nullity provided in Article 210 of this Law are present, it shall order the nullity of the proceedings. In such case, it shall assume knowledge of the matter and restore the procedures as necessary, applying the rules established in Chapter IV of this Title.

In the corrections imposed by heads upon the employees of their own office, the procedure established in this Law shall be observed. Those corrections shall have an appeal (recurso de apelación) before the Tribunal de la Inspección Judicial. The appeal must be filed directly with the Court via telegraph or fax or in writing on plain paper, within three days following the notification of the disciplinary measure. If the measure is a suspension and the Court revokes it, the employee shall have the right to be paid the salaries he or she would have ceased to receive. The Court shall apply, when appropriate, the provisions of Article 210 of this Law.” (Emphasis added).

As can be seen from reading this provision, the Office Head has the obligation to communicate to the Tribunal de la Inspección Judicial the decision adopted in the specific cases heard by reason of this disciplinary competence; and to the latter is attributed the power to decree the nullity of that decision, when it deems that any of the grounds provided in that Article 210 are present. In this regard, the Chamber warns that, in order to maintain the uniformity of the disciplinary regime, both the exercise of the appeal, as well as said communication and the use of the annulment power, must conform to what is provided in this judgment.” (Sinalevi Note: By circular No. 140-2018 of October 22, 2018, the Superior Council agreed on the interpretation and application to be given to this article as follows: “The Superior Council of the Judiciary in session No. 89-18 held on October 11, 2018, article XVIII, agreed to communicate the resolution, of twelve hours ten minutes of June thirteenth, two thousand eighteen, No. 2018-9277 of the Constitutional Chamber, to all judicial offices applying the disciplinary regime, so that they conform to or abide by what is provided in recital XIV of resolution 2018-2193, in relation to the interpretation and application to be given to Article 185 of the Organic Law of the Judiciary (Ley Orgánica del Poder Judicial).

Recital XIV of resolution 2018-2193 stipulated the following:

“XIV.—Conclusion and Comment. In summary, the Chamber concludes that, if the right to appeal is recognized in the disciplinary procedure, albeit with some limitations, the exercise thereof must enjoy each and every attribute recognized by constitutional and conventional Law. The appeal must always be a means to remedy harm, a grievance, and never a source of greater affectations. The official consultation should not be a mechanism to prolong a disciplinary procedure, nor a means to aggravate a punishment.

By connection or consequence, that second paragraph of Article 213 of the LOPJ must be annulled, which states: “Likewise, all final decisions rendered in disciplinary proceedings that could not be or were not appealed shall be communicated to the Superior Council, which within a period not exceeding fifteen days may hear the matter if it deems that any of the grounds for nullity provided in the preceding Article 210 are present. If from the study of the matter it is concluded that a ground exists, it shall order the corresponding remand.” The foregoing is ordered based on the powers conferred upon this Chamber by the Law of Constitutional Jurisdiction, in its Article 89. Likewise, the Court observes that Article 185 of the same LOPJ establishes a provision analogous to the foregoing, regarding the Tribunal de la Inspección Judicial, when it hears a matter by reason of the disciplinary power conferred upon office heads. This provision states:

“Article 185.—Notwithstanding the provisions of the preceding articles, office heads may exercise the disciplinary regime over their subordinates when, due to the nature of the offense, a suspension greater than fifteen days should not be applied. The decision must be communicated to the Personnel Department and to the Tribunal de la Inspección Judicial.

When the latter deems, within fifteen days following receipt of the communication, that any of the grounds for nullity provided in Article 210 of this Law are present, it shall order the nullity of the proceedings. In such case, it shall assume knowledge of the matter and restore the procedures as necessary, applying the rules established in Chapter IV of this Title.

In the corrections imposed by heads upon the employees of their own office, the procedure established in this Law shall be observed. Those corrections shall have an appeal before the Tribunal de la Inspección Judicial. The appeal must be filed directly with the Court via telegraph or fax or in writing on plain paper, within three days following the notification of the disciplinary measure. If the measure is a suspension and the Court revokes it, the employee shall have the right to be paid the salaries he or she would have ceased to receive. The Court shall apply, when appropriate, the provisions of Article 210 of this Law.” (Emphasis added).

As can be seen from reading this provision, the Office Head has the obligation to communicate to the Tribunal de la Inspección Judicial the decision adopted in the specific cases heard by reason of this disciplinary competence; and to the latter is attributed the power to decree the nullity of that decision, when it deems that any of the grounds provided in that Article 210 are present. In this regard, the Chamber warns that, in order to maintain the uniformity of the disciplinary regime, both the exercise of the appeal, as well as said communication and the use of the annulment power, must conform to what is provided in this judgment.” The resolution, of twelve hours ten minutes of June thirteenth, two thousand eighteen, No. 2018-9277 of the Constitutional Chamber literally states:

“Correction of a material error on its own motion (de oficio), within the action of unconstitutionality (acción de inconstitucionalidad) brought by Lisseth Andrea Campos Campos, of legal age, in a common-law union (unión libre), judicial officer, resident of Tambor de Alajuela, with identity card No. 206500410, for Article 210 of the Organic Law of the Judiciary to be declared unconstitutional.

Sole.—This Chamber in judgment No. 201802193 of 11:40 hours on February 9, 2018, declared this action of unconstitutionality with merit and annulled from Article 210 of the Organic Law of the Judiciary the paragraph that provides “or that the due sanction was not imposed but a notoriously more lenient one, according to the precedents of the bodies charged with applying the disciplinary regime,” and by connection, also annulled paragraph 2) of Article 213, ibidem.

Drafted by Magistrate Hernández Gutiérrez; and,

I.—In Recital XIV of judgment 201802193, regarding Article 185 of the Organic Law of the Judiciary, the Chamber expressed: “…in order to maintain the uniformity of the disciplinary regime, both the exercise of the appeal, as well as said communication and the use of the annulment power, must conform to what is provided in this judgment…”. However, regarding this provision, by error, it was omitted to indicate in the operative part of that judgment that “as for Article 185 of the same law, its interpretation and application must conform to what is provided in recital XIV”. In this sense and based on Article 12 of the Law of Constitutional Jurisdiction, it is deemed opportune, on its own motion, to correct the material error that occurred in that aspect, in the operative part, to guarantee its full compliance; so that it reads in the terms to be stated.

II.—Note from Magistrate Rueda Leal. I record that I did not subscribe to judgment No. 2018-2193 of 11:40 hours on February 9, 2018, whose material error is noted in this resolution, and therefore I have rendered no pronouncement on the merits of the subject matter of this action. However, given that this Court has already ruled on the matter, the appropriate course is to abide by what was already resolved on that occasion, and if necessary, make the correction so that said pronouncement conforms to the will of the Court's composition at that time.

III.—Separate note from Magistrate Hernández López. The undersigned records that in the main judgment sought to be supplemented in this pronouncement, I dissented (salvé el voto) because I considered that only one of the competencies attributed to the Superior Council of the Judiciary by Article 210 of the Organic Law of the Judiciary is unconstitutional. Thus, insofar as Article 185 is now formally part of the Chamber's operative part, I consider it correct to indicate that my dissenting vote must also be extended to apply—where pertinent and applicable—to the procedure established in the last-cited provision.

IV.—As provided in Article 90 of the Law of Constitutional Jurisdiction, the communication of this resolution to the Legislative and Judicial Powers, its summary in the Official Gazette La Gaceta, and full publication in the Judicial Bulletin (Boletín Judicial), as well as its notification, are ordered. Therefore, The operative part of judgment No. 201802193 of 11:40 hours on February 9, 2018 is corrected so that it correctly reads: “The action of unconstitutionality is declared with merit. The paragraph is annulled from Article 210 of the Organic Law of the Judiciary that provides “or that the due sanction was not imposed but a notoriously more lenient one, according to the precedents of the bodies charged with applying the disciplinary regime.” By connection, paragraph 2) of Article 213, ibidem, is also annulled. As for Article 185 of the same law, its interpretation and application must conform to what is provided in recital XIV. In accordance with Article 91 of the Law of Constitutional Jurisdiction, this judgment has declaratory and retroactive effect to the effective date of the annulled norms, all without prejudice to rights acquired in good faith (derechos adquiridos de buena fe), legal situations that have been consolidated by prescription or expiration, by virtue of a final judgment with the authority of material res judicata (cosa juzgada material), or by consummation of the facts when these are materially or technically irreversible, or when their reversal seriously affects rights acquired in good faith except for the specific case in which it has retroactive efficacy to the effective date of the norms declared unconstitutional. Magistrate Castillo Víquez dissents (salva el voto) and considers that the norms are not unconstitutional provided they are interpreted in the sense that when the Superior Council of the Judiciary has heard the matter due to consultation, the appeal filed against the resolution of the competent body that imposes a sanction more onerous than the one originally established may not be decided by those members of the Superior Council of the Judiciary who rendered the consultation. In the event that there is no consultation, but the appeal is filed, the Superior Council of the Judiciary may not aggravate the sanction imposed by the competent body on the employee. Magistrate Hernández López separates herself from the majority vote and resolves: a) to partially declare the action with merit and eliminate as unconstitutional the power recognized in the paragraph of Article 210 of the Organic Law of the Judiciary to the Superior Council of the Judiciary to annul a sanction imposed by the Tribunal de la Inspección Judicial, but this reduction of competence ordered will apply only in those cases where the cited Superior Council hears a regular appeal filed by the affected party against the sanction and, added to the foregoing, when the exclusive reason for ordering the remand is that “the due sanction was not imposed but a notoriously more lenient one, according to the precedents of the bodies charged with applying the disciplinary regime”; b) to interpret in a conforming manner the norms of Articles 210 and 213 of the Organic Law of the Judiciary in the sense that in the official review procedure (procedimiento de revisión oficiosa) regulated therein and in its sequels, the principles of impartiality and objectivity of the Administration in the decision of sanctioning procedures must be respected; c) to declare the action without merit against the possibility of the Superior Council of the Judiciary to exercise, with all the breadth allowed by Article 210 of the Organic Law of the Judiciary, the official review of the decisions of the Tribunal de la Inspección Judicial that impose disciplinary sanctions, in cases where no appeal lies against them or in which, such appeal being authorized, it is not exercised. Let this pronouncement be communicated to the Legislative and Judicial Powers. Let this pronouncement be summarized in the Official Gazette La Gaceta and published in full in the Judicial Bulletin. Notify.” Magistrate Rueda Leal adds a note. Magistrate Hernández López adds a separate note, indicating that the dissenting vote issued in judgment 201802193 is extended where pertinent to the procedure established in Article 185 of the Organic Law of the Judiciary. Let this resolution be communicated to the Legislative and Judicial Powers, its summary in the Official Gazette La Gaceta, and full publication in the Judicial Bulletin (…)) (Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 185 to Article 190)

They shall act individually in the performance of their duties, without any subordination among themselves, and as a collegiate body when it comes to applying the disciplinary regime or issuing measures regarding the organization of the office and subordinate personnel. One of the inspectors, designated thus by the Court, shall be the head of the office, with powers to immediately resolve administrative problems that arise in the office; however, his or her decisions cannot prevail over those issued by the collegiate body by majority.

The Court shall appoint the inspectors for periods of six years and may reelect them. Appointments made due to a vacancy shall be made for a full period. The Court may transfer or remove general or auxiliary inspectors even for loss of confidence.

(Thus reformed by Article 5 of Law No. 9021 of January 3, 2012) (Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 186 to Article 191)

These inspectors shall have the same oversight and investigation functions as the general inspectors; they shall be subordinate to them and must hold a law degree (título de abogado). They shall inform the Court about the activity carried out in the exercise of their duties.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 187 to Article 192)

1.- Establish adequate means of control to ensure efficient work in the judicial offices, visit and stay in those offices with the frequency and for the time necessary to verify whether functions are performed with due promptness and correctness. A record (acta) shall be drawn up from the result of each visit, which shall be signed by the inspector and by the head and the secretary of the respective office, in which the deficiencies observed and the recommendations the inspector deems opportune to correct the noted defects and achieve better office organization shall be recorded. A copy of the record shall be left in the judicial office and a copy shall also be sent to the President of the Tribunal de la Inspección Judicial for appropriate purposes.

2.- Ensure that all judicial employees attend the offices punctually and regularly fulfill their duties; and discreetly investigate complaints regarding conduct affecting their proper performance, including matters related to their private life, provided that it may impact the public service.

3.- Receive complaints filed against judicial employees, verify their accuracy, and try to remedy them immediately, if within their powers, or report to the Council for appropriate resolution.

4.- Conduct the necessary investigations, on their own motion (de oficio), by superior order, or by virtue of a verbal or written complaint, to clarify any fact affecting discipline or the right and prompt administration of justice or the efficiency of the offices of the Judiciary, or to investigate irregularities discovered upon conducting audits (arqueos) of funds and review of books regarding judicial deposits, for which purpose they may request assistance from the Auditing Department. In order to conduct these investigations, the inspector is empowered to swear in witnesses or experts and receive all types of evidence, in which case they shall act with the secretary of the Inspección Judicial, the secretary of the office visited, or with two witnesses. The inspector may also commission judicial authorities from remote locations to perform supplementary evidence gathering when it is urgent to do so, depending on the circumstances.

5.- Submit to the Council, in the month of January, a report on the work carried out during the previous year. The inspectors must render this report jointly, and it shall not be necessary to include therein the facts that have already been brought to the Council's knowledge.

6.- Hear any other matter indicated by law or entrusted by the Supreme Court of Justice or the Council.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 188 to Article 193)

He or she shall receive, from him or her or from the Superior Council, instructions regarding the oversight function entrusted to the Inspección Judicial, and shall report on the results of the investigations conducted.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 189 to Article 194)

OFFENSES AND SANCTIONS

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 190 to Article 195)

1.- The violation of the incompatibilities established in this Law.

2.- Having an improper interest, by issuing orders or pressures of any kind, in matters whose resolution corresponds to the courts.

3.- Unjustified and repeated abandonment of the performance of the function.

4.- Unjustified abandonment of work for two consecutive days or more than two non-consecutive days (días alternos) in the same calendar month.

5.- The advancement of opinion (adelanto de criterio) referred to in Article 8, subsection 3, of this Law.

6.- Functional actions or omissions that generate civil liability.

7.- The commission of any act constituting an intentional crime (delito doloso), as perpetrator or participant. In the case of negligent crimes (delitos culposos), the competent body shall examine the act in order to determine whether or not it justifies the application of the disciplinary regime in accordance with the provisions of Article 194.

8.- The commission of a serious offense when the employee had previously been sanctioned for two other serious offenses, or the commission of three or more serious offenses that must be sanctioned simultaneously.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 191 to Article 196)

1.- Ostensible lack of respect toward hierarchical superiors, in their presence, in a writing addressed to them, or with publicity.

2.- Violation of the prohibitions or duties established in this Law.

3.- Failure to apply the disciplinary regime to subordinate personnel, when knowing or having reason to know of serious breach of their corresponding duties.

4.- Unjustified abandonment of work for two non-consecutive days in the same calendar month.

5.- Excess or abuse committed against any other judicial employee, lawyer, or private individuals coming to the offices in any capacity.

6.- Unjustified non-attendance to scheduled judicial proceedings, when it does not constitute a very serious offense.

7.- The commission of a minor offense having been previously sanctioned for two other minor offenses, or the commission of three or more minor offenses that must be sanctioned simultaneously.

8.- Unjustified delay in the processing of matters, or in their resolution when it does not constitute a more serious offense.

9.- Unjustified non-payment of a credit obligation that must be met as a principal debtor and is being collected through judicial channels.

10. The failure to submit accountability reports (informes de rendición de cuentas) when required, according to this law or the laws of the Republic that provide for it.

(Thus added the previous subsection by Article 2 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026) (Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 192 to Article 197)

1.- The lack of respect or discourtesy of one judicial employee toward another, a lawyer, or any other person, provided it does not constitute a serious offense.

2.- Unjustified abandonment of work for one day or two non-consecutive half-days in the same calendar month.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 193 to Article 198)

For this purpose, the actions indicated in the preceding articles shall be taken as a reference.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 194 to Article 199)

a)Warning (Advertencia). b) Written reprimand (Amonestación escrita). c) Suspension (Suspensión). ch) Revocation of appointment (Revocatoria del nombramiento).

Minor offenses may only be sanctioned with a warning or written reprimand; serious offenses, with a written reprimand or suspension up to two months; and very serious offenses, with suspension or revocation of appointment.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 195 to Article 200)

1.- The processing judges (jueces tramitadores) or members of the auxiliary personnel performing their duties shall ensure that rulings are issued within legal deadlines and that processing or any other work assigned to the office is not stopped or delayed without justified reason.

2.- The coordinator, in collegiate bodies, or the head of the office shall be jointly responsible, together with the processing judge or whoever performs his or her duties, for any processing delay, unless they demonstrate that the fault cannot be attributed to them. In the case of judgments or other final decisions (proveídos), the employee assigned the drafting shall be responsible.

3.- Ordering evidence for a better decision (prueba para mejor proveer), with the exclusive purpose of extending deadlines, shall be deemed unjustified delay.

(Thus reformed by Article 7 of Law No. 7728 of December 15, 1997) (Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 196 to Article 201)

PROCEDURE

However, the warning sanction may be imposed without following that procedure; but the interested party must be heard beforehand.

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 197 to Article 202)

(Thus modified its numbering by Article 1 of the Law for the Accountability of the Magistrates of the Judiciary and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from the former Article 198 to Article 203)

However, in cases of delay or serious and unjustified errors in the administration of justice, the Tribunal de la Inspección Judicial, without any further procedure, must bring the fact to the attention of the Full Court (Corte Plena), so that the latter, once the investigation of the case is conducted, may decide on the permanence, suspension, or separation of the official.

(Thus reformed by Article 7 of Law No. 7728 of December 15, 1997) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 199 al artículo 204)

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 200 al artículo 205)

The accused and their defense counsel shall have free access to the case file.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 201 al artículo 206)

In such case, this measure shall not be offset against any sanction that may ultimately be imposed.

The disciplinary power of suspension must be exercised in a restricted manner and, as indicated in the final paragraph of Article 195, when there are well-founded reasons to suspect that, if the employee remains in the performance of their duties, they may obstruct or render nugatory the investigation initiated against them or affect the proper public service.

The Court and the Council shall have the same power with respect to employees over whom they exercise the disciplinary regime, or who are appointed by them.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 202 al artículo 207)

If necessary, they may request ad effectum videndi the case files related to the investigated offense.

For the reception of evidence, the investigating officer may commission another judicial authority when deemed necessary.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 203 al artículo 208)

The investigating officer may order, on their own motion or at the request of an interested party, evidence for better resolution.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 204 al artículo 209)

The proceedings may be consolidated provided it involves the same official and does not entail a serious delay in the investigation of the first matter.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 205 al artículo 210)

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 206 al artículo 211)

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 207 al artículo 212)

The resolution shall be notified to the accused and communicated to the complainant, if any.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 208 al artículo 213)

Their appeal shall be heard by the Superior Council.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 209 al artículo 214)

(Mediante resolución de la Sala Constitucional N° 2193 del 9 de febrero de 2018, se anuló del párrafo anterior el enunciado que disponía: “o que no se impuso la sanción debida sino una notoriamente más leve, según los precedentes de los órganos encargados de aplicar el régimen disciplinario”. Posteriormente mediante resolución de la Sala Constitucional N° 009277 del 13 de junio del 2018, se corrigió la parte dispositiva de la sentencia No. 2018-02193 para que se lea correctamente: "Se declara con lugar la acción de inconstitucionalidad. Se anula del artículo 210 de la Ley Orgánica del Poder Judicial, el párrafo que dispone "o que no se impuso la sanción debida sino una notoriamente más leve, según los precedentes de los órganos encargados de aplicar el régimen disciplinario”. Por conexidad, también se anula el párrafo 2), del artículo 213, ibídem. En cuanto al artículo 185 de la misma ley, su interpretación y aplicación deberá ajustarse a lo dispuesto en el considerando XIV.”) In the event of annulment, it shall order referral back to the Tribunal de la Inspección Judicial so that it may issue a new ruling in compliance with due process.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 210 al artículo 215)

The investigation must be concluded within one year following the date of its initiation, and if a sanction is warranted, the corresponding sanction must be imposed within one month from the moment the person responsible for doing so is in a position to rule. An appeal shall always be available against the resolution, unless it was issued by the Court, against whose ruling only a motion to set aside or reconsideration shall be available.

When the evidence is deemed insufficient to rule and there is an ongoing criminal proceeding for the same facts, the statute of limitations for applying the disciplinary sanction shall be suspended.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 211 al artículo 216)

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 212 al artículo 217)

EFFECTS

(Mediante resolución de la Sala Constitucional N° 2193 del 9 de febrero de 2018, se anuló el párrafo segundo de este numeral. Posteriormente mediante resolución de la Sala Constitucional N° 009277 del 13 de junio del 2018, se corrigió la parte dispositiva de la sentencia No. 2018-02193 para que se lea correctamente: "Se declara con lugar la acción de inconstitucionalidad. Se anula del artículo 210 de la Ley Orgánica del Poder Judicial, el párrafo que dispone "o que no se impuso la sanción debida sino una notoriamente más leve, según los precedentes de los órganos encargados de aplicar el régimen disciplinario”. Por conexidad, también se anula el párrafo 2), del artículo 213, ibídem. En cuanto al artículo 185 de la misma ley, su interpretación y aplicación deberá ajustarse a lo dispuesto en el considerando XIV.”) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 213 al artículo 218)

The record of the remaining sanctions, with the exception of revocation of appointment, may be canceled by the body that imposed it, at the request of the interested party, when at least five or ten years have elapsed since the final imposition of the sanction, depending on whether it is a serious or very serious offense, and during this time the sanctioned person has not given rise to a new disciplinary proceeding that concludes with the imposition of a sanction.

The cancellation shall erase the record for all purposes, except for the granting of distinctions.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 214 al artículo 219)

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 215 al artículo 220)

DISCIPLINARY REGIME OVER THE PARTIES AND THEIR ATTORNEYS

In the event of disorder or tumult, the premises shall be ordered cleared with the assistance of the public force if necessary, and the act or proceeding shall continue in private.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 216 al artículo 221)

This resolution may be appealed before the superior, if it was issued by a judge or a representative of the Public Ministry. If the fine was imposed by the Corte Plena, one of the Salas, a collegiate tribunal or one of its members, the Fiscal General, or by the Superior Council, no appeal other than a motion to set aside or reconsideration shall be available.

When the acts contemplated in this article and the preceding numeral constitute a crime, violation, or offense, the perpetrator shall be placed at the order of the respective authority for their prosecution.

(Así reformado por el artículo 7° de la Ley N° 7728 de 15 de diciembre de 1997) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 217 al artículo 222)

Attorneys may, instead of a fine, in serious cases, be suspended for up to six months by the Court or by the Superior Council, in the cases provided for in this article.

If the attack on the official is physical, the fine shall be applied to the party at the maximum, and the professional suspension at the upper limit.

In case of recidivism, the Court or the Council shall communicate the offense to the Board of Directors of the Colegio de Abogados so that it may decide whether to apply the disciplinary regime.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 218 al artículo 223)

In cases of insults or personal aggression during the practice of a proceeding, a fine of five to twenty days' multa shall be imposed; but if there was provocation, the fine may be reduced by half.

In the cases established in this article and the two preceding articles, the certification issued by the secretary of the judicial office that imposed the fine shall constitute an enforceable title for its collection on behalf of the State. The Procuraduría General de la República is responsible for filing the corresponding claim.

These fines are disciplinary in nature and may never be converted into imprisonment.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 219 al artículo 224)

The appeal established by the interested party, in accordance with the mentioned article, must be filed within the third day.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 220 al artículo 225)

1.- If the insult or defamation is committed within a proceeding, through briefs filed therein, the official or court may also order the Council to transcribe the brief, for the purposes of the second paragraph of Article 218.

(Mediante resolución de la Sala Constitucional N° 11596 del 9 de noviembre de 2001, se anuló del inciso anterior el enunciado que disponía: "impondrá de plano la corrección disciplinaria, y") 2.- If committed outside of a proceeding, or by a means other than the filing of briefs, the official or court shall make, in the proceeding, a succinct summary of what occurred, so that the Council may decide whether the suspension of the attorney is appropriate. In this case, there shall be no grounds for disqualification, recusal, or excuse for the members of the Council who must impose the sanction.

3.- If imposed by a small claims judge or a minor offenses judge, it may be appealed before the respective judge. If imposed by a first instance or criminal judge, the appeal shall be admitted before the corresponding collegiate tribunal or one of its members; if imposed by the Salas or collegiate tribunals, no appeal other than a motion to set aside shall be available. Against those imposed by the Court or the Council, no reconsideration or motion to set aside shall be available.

4.- The appellate court, in cases where an appeal is available, may order any evidence for better resolution, if the sanctioned person denies the charge.

5.- If a suspension is imposed, a publication in the Boletín Judicial shall be ordered, and the procedure shall also be as indicated in Article 20 of the Ley Orgánica del Colegio de Abogados.

(Así reformado por el artículo 7° de la Ley N° 7728 de 15 de diciembre de 1997) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 221 al artículo 226)

In both cases, the provisions of the preceding article shall govern, as applicable, with respect to the fine.

(Mediante resolución de la Sala Constitucional N° 11596 del 9 de noviembre de 2001, se anuló del párrafo anterior el enunciado que disponía: “impondrá de plano la corrección disciplinaria”) (*) (Current Article 224) In all cases in which a fine is imposed as a disciplinary sanction, once the corresponding resolution is final, the interested party shall be granted a period of three days to pay it or deposit it to the order of the Colegio de Abogados, as established in its Ley Orgánica. If they do not do so, once that period has expired and without the need for a new resolution declaring it, the consequences shall be as follows:

a)The legal professional shall be suspended from the practice of the profession for the time they remain without paying the fine, which shall be communicated to both the Colegio de Abogados and the Corte Suprema de Justicia, so that they take note and make the corresponding publication.
b)As for those who are not legal professionals, the respective mayor's office shall be communicated so that it may deduct it through imprisonment, at a rate of one hundred colones per day.

If they do not do so, once that period has expired and without the need for a new resolution declaring it, the failure to pay the fine shall convert at a rate of one day of imprisonment per day/multa, which shall be executed by the official or court that imposed it.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 222 al artículo 227)

The adjudicator shall proceed in the same manner when they deem that said officials have neglected their function.

(Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 223 al artículo 228)

REGIME OF RETIREMENTS AND PENSIONS OF THE JUDICIAL BRANCH (Así reformado el título anterior por el artículo 1° de la ley N° 9544 del 24 de abril de 2018)

BENEFITS (Así reformado el capítulo anterior por el artículo 1° de la ley N° 9544 del 24 de abril de 2018)

(Así reformado por el artículo 1° de la ley N° 9544 del 24 de abril de 2018) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 224 al artículo 229)

This shall be calculated as follows:

a)If the retirement occurs upon completing thirty-five or more years of service, but without having reached sixty-five years of age, the retirement shall be calculated in proportion to the employee's age:
1)Women must have reached at least sixty years of age and men at least sixty-two years of age.
2)The calculation shall be made by multiplying the pension obtained according to the provisions of Article 224 for calculating the ordinary retirement, by the employee's age, and the product shall be divided by sixty-five; the result of this operation shall constitute the amount of the early retirement.
b)If the retirement occurs upon the employee reaching sixty-five or more years of age, but before completing thirty-five years of service, the retirement shall be granted in proportion to the years worked, provided the number of years served is not less than twenty. To determine it, the amount of the ordinary retirement indicated in Article 224 shall be multiplied by the number of years served, and the product shall be divided by thirty-five; the result shall be the amount of the early retirement.

(Así adicionado por el artículo 1° de la ley N° 9544 del 24 de abril de 2018) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 224 bis al artículo 229 bis)

The amount of pensions and retirements in the course of payment and those granted in the future shall be readjusted according to variations in the consumer price index (índice de precios al consumidor, IPC), defined by the Instituto Nacional de Estadística y Censos (INEC).

(Así reformado por el artículo 1° de la ley N° 9544 del 24 de abril de 2018) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 225 al artículo 230)

All years of paid work shall be taken into account, the employee having had to serve the Judicial Branch for at least the last twenty years.

Only time served and contributed in state public agencies or institutions shall be recognized. In no case may time served in non-state public law institutions with a corporate membership basis be counted.

If the provision of service by the official was on a part-time basis, the corresponding proportion shall be recognized with respect to that salary.

All means of proof shall be admissible to verify the time served by the worker. When evaluating the evidence, the principle of in dubio pro fondo shall be taken into consideration.

If the interested party had contributed to other pension regimes established by another agency or another State institution, the Fondo de Jubilaciones y Pensiones of the Judicial Branch, at the time of granting the retirement, shall have the right to demand, and the respective institution or agency shall be obliged to transfer, the amount of those contributions (worker, employer, and state) through an actuarial liquidation.

In the event that the amount contributed by the interested party, the employer, and the State does not reach the amount corresponding to the Fondo de Pensiones y Jubilaciones of the Judicial Branch, the interested party must reimburse it for the sum owed for the contribution differences, updated to present value according to the consumer price index (índice de precios al consumidor, IPC), defined by the Instituto Nacional de Estadística y Censos (INEC). Additionally, the interested party must pay the average real return that would have been obtained on the transferred sums, had the Fondo de Jubilaciones y Pensiones of the Judicial Branch invested them during the recognized period.

(Así reformado por el artículo 1° de la ley N° 9544 del 24 de abril de 2018) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 226 al artículo 231)

Said retirement shall be calculated as follows:

a)Eighty-three percent (83%) of the average ordinary salaries earned in the last twenty years of their working life or those available, updated according to the consumer price index (índice de precios al consumidor, IPC), defined by the Instituto Nacional de Estadística y Censos (INEC), shall be determined, as established in Article 224.
b)The result obtained in point a) shall be multiplied by the time served, up to a maximum of thirty-five years, and divided by thirty-five. The result shall be the amount of the benefit.

The amounts of disability pensions shall observe the caps established in Article 225.

(Así reformado por el artículo 1° de la ley N° 9544 del 24 de abril de 2018) (Así modificada su numeración por el artículo 1° de la Ley para la rendición de cuentas de los Magistrados y Magistradas del Poder Judicial y del Tribunal Supremo de Elecciones, N° 10866 del 4 de marzo de 2026, que lo traspaso del antiguo artículo 227 al artículo 232)

a)The surviving spouse of the deceased active employee or retiree who is economically dependent on the decedent at the time of death.
b)The common-law partner (compañero) who is economically dependent at the time of the retiree's death, who has cohabited for at least three years prior to the death, and where both had the legal capacity to marry under civil legislation.
c)The divorced spouse, or spouse separated judicially or de facto, or former common-law partner, who is receiving alimony (pensión alimentaria) at the date of death, established by a final judicial judgment, or who demonstrates that they were receiving economic assistance from the decedent.

The following have the right to an orphan's pension:

1)Children who, at the time of the decedent's death, were economically dependent on the decedent, in accordance with the following rules:

1.1) Unmarried minors.

1.2) Those over eighteen years of age, but under twenty-five years of age, who are pursuing studies recognized by the Ministry of Public Education (MEP), the National Learning Institute (INA), or other institutions at the discretion of the Administrative Board (Junta Administradora).

1.3) Those of legal age who, prior to the decedent's death, are disabled and incapable of performing remunerated work.

In the absence of entitled beneficiaries for widowhood, de facto union, or orphanhood, the parents have the right to a pension, if at the time of the decedent's death they were economically dependent on the decedent.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 228 to Article 233)

In the event of the death of an active employee, the amount of the pension for widowhood, de facto union, orphanhood, or ascendancy shall be proportional to the amount of the pension the deceased would have received in accordance with the fulfillment of the requirements at the moment of the contingency, and in the aggregate this amount shall not exceed eighty percent (80%) of what the decedent would have been entitled to.

The proportions for the benefits for widowhood, de facto union, orphanhood, and ascendancy shall be those stipulated in the regulations of the System (Régimen).

Every survivorship pension shall expire upon the death of the beneficiary, except as provided in this article for the pension corresponding to children.

The allocations that expire shall proportionally increase those of the other beneficiaries who remain in effect, at their request and provided they require it, prior to a social work study and approval by the Administrative Board of the Fund.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Sinalevi Note: By resolution of the Constitutional Chamber No. 11957-2021 of May 25, 2021, the requirement of 20 years of service required for obtaining the survivorship pension derived from Article 229 of Law 9544 of April 24, 2018, is declared unconstitutional, in which case the requirement of 10 years to acquire that right remains in force, according to Article 230 of Law 7333 of May 5, 1993, in the version prior to the reform.)

(Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 229 to Article 234)

(As added by the sole article of Law No. 10526 of September 18, 2024) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 229 bis to Article 234 bis)

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 230 to Article 235)

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 231 to Article 236)

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 232 to Article 237)

This limitation shall not apply when they teach at higher education institutions.

When the benefit has been granted for disability and the person wishes to reenter the labor sector, they must request the respective permission and have the approval of the State Disability Qualification Commission (Comisión Calificadora del Estado de la Invalidez) or the instance that the Costa Rican Social Security Fund (CCSS) designates, provided that the new activity is different from the one for which they were declared disabled.

When a disability retiree begins remunerated work without having requested the respective permission to work, or does so despite the permission being denied, this benefit shall be suspended after respecting due process. Likewise, the retiree shall be obligated to return the monies improperly received, without any obligation on the part of the Judicial Branch to reinstate them in the position from which they retired.

Any retiree who reenters the service of the Judicial Branch shall cease to receive their pension for the time that the employment relationship with the Judicial Branch is maintained. If the employment relationship is terminated before completing one uninterrupted year, the pension shall be reactivated at the same amount at which it was suspended, plus the adjustments for the consumer price index (índice de precios al consumidor, IPC), defined by the National Institute of Statistics and Censuses (INEC), that were granted during the months they reentered the service of the Judicial Branch. If the employment relationship lasts for more than one uninterrupted year, the former retiree shall have the right to a review of their retirement, in accordance with the provisions of Article 224 of this law.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 233 to Article 238)

THE TRANSFER OF CONTRIBUTIONS

However, they shall have the right for the amount of the employee, employer, and state contributions with which they have contributed to the formation of the Retirement and Pension Fund of the Judicial Branch to be transferred, through an actuarial settlement, to the Costa Rican Social Security Fund (CCSS), or to the institution administering the basic system in which they will be granted the retirement or pension.

The transfer request shall be made by the respective entity when it is going to grant the retirement or pension, indicating the amount that must be sent to it. In the event that the amount is greater than that contributed to the Retirement and Pension Fund of the Judicial Branch, only the actuarially determined amount shall be sent.

Otherwise, if the amount actuarially determined as contributed to the Retirement and Pension Fund of the Judicial Branch is greater than that requested, the difference of the employee contribution shall be transferred to the Mandatory Pension System (Régimen Obligatorio de Pensiones, ROP), administered by the complementary pension operator in which the person who worked in the Judicial Branch is affiliated.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 234 to Article 239)

THE FUND

This Fund must be kept physically and accounting-wise separate, and is independent of the assets of the Administrative Board and the assets of the Judicial Branch.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 235 to Article 240)

1)An employee contribution of thirteen percent (13%) of the salaries earned by judicial employees, as well as of the retirements and pensions charged to the Fund, a percentage that shall be withheld from the corresponding periodic payment.
2)An employer contribution from the Judicial Branch of fourteen point thirty-six percent (14.36%) on the wages and salaries of its employees.
3)A State contribution that shall be a percentage of the wages and salaries equal to that established for the Disability, Old Age, and Death System of the Costa Rican Social Security Fund (CCSS).
4)The returns and other benefits that the Fund produces or may come to generate or obtain.

In no case may the sum of the mandatory contribution and the special, solidarity-based, and redistributive contribution, and, in general, the totality of the deductions applied by law to all pensioners and retirees of the Retirement and Pension Fund of the Judicial Branch, represent more than fifty-five percent (55%)(*) of the total gross amount of the pension that the beneficiary is legally entitled to. For cases in which this sum exceeds fifty-five percent (55%)(*) of the total gross amount of the pension, the special contribution shall be readjusted so that the sum is equal to fifty-five percent (55%)(*) of the total gross amount of the pension.

The resources obtained from the mandatory contribution established in this law shall enter the Retirement and Pension Fund of the Judicial Branch.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (*) (Sinalevi Note: By resolution of the Constitutional Chamber No. 11957-2021 of May 25, 2021, the contribution percentage and the special, solidarity-based, and redistributive contribution are annulled insofar as they exceed 50% of the gross pension amount corresponding to the retired or pensioned person. However, in accordance with Article 91 of the Law of Constitutional Jurisdiction, in order to avoid serious disruptions to security, justice, or social peace, the Chamber scales and dimensions the effects of this resolution, so that, beginning the month following notification of the judgment, the competent authorities must make the corresponding adjustment in accordance with this judgment, in such a way that the tax burdens on the amount of retirements and pensions do not exceed 50% of the gross amount received by the retiree or pensioner.)

(Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 236 to Article 241)

In addition to the common contribution established in the preceding article, pensioners and retirees whose benefits exceed the amounts to be set shall contribute in a special, solidarity-based, and redistributive manner, in accordance with the following table:

a)On the excess over the amount of six (6) base salaries of the lowest-paid position in the Judicial Branch and up to twenty-five percent (25%) of said ceiling, they shall contribute thirty-five percent (35%) of such excess.

(The preceding clause was thus amended by Article 7 of the Law to Redesign and Redistribute the Resources of the Special Solidarity Contribution, No. 9796 of December 5, 2019) b) On the excess over the preceding margin and up to an additional twenty-five percent (25%), they shall contribute forty percent (40%) of such excess.

c)On the excess over the preceding margin and up to an additional twenty-five percent (25%), they shall contribute forty-five percent (45%) of such excess.
d)On the excess over the preceding margin and up to an additional twenty-five percent (25%), they shall contribute fifty percent (50%) of such excess.
e)On the excess over the preceding margin, they shall contribute fifty-five percent (55%)(*).

In no case may the sum of the special, solidarity-based, and redistributive contribution and the totality of the deductions applied by law to all pensioners and retirees of the Retirement and Pension Fund of the Judicial Branch represent more than fifty-five percent (55%)(*) of the total gross amount of the pension that the beneficiary is legally entitled to. For cases in which this sum exceeds fifty-five percent (55%)(*) of the total gross amount of the pension, the special contribution shall be readjusted so that the sum is equal to fifty-five percent (55%)(*) of the total gross amount of the pension.

The resources obtained from the special, solidarity-based, and redistributive contribution, established in this law, shall enter the Retirement and Pension Fund of the Judicial Branch.

(As added by Article 1 of Law No. 9544 of April 24, 2018) (*) (Sinalevi Note: By resolution of the Constitutional Chamber No. 11957-2021 of May 25, 2021, the contribution percentage and the special, solidarity-based, and redistributive contribution are annulled insofar as they exceed 50% of the gross pension amount corresponding to the retired or pensioned person. However, in accordance with Article 91 of the Law of Constitutional Jurisdiction, in order to avoid serious disruptions to security, justice, or social peace, the Chamber scales and dimensions the effects of this resolution, so that, beginning the month following notification of the judgment, the competent authorities must make the corresponding adjustment in accordance with this judgment, in such a way that the tax burdens on the amount of retirements and pensions do not exceed 50% of the gross amount received by the retiree or pensioner.)

(Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 236 bis to Article 241 bis)

7983, Worker Protection Law, of February 16, 2000, and the regulations issued for this purpose by the National Council for Supervision of the Financial System (Conassif) and the Superintendency of Pensions (Supén).

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 237 to Article 242)

7092, Income Tax Law, of April 21, 1988, and its amendments.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 238 to Article 243)

THE ADMINISTRATION

It corresponds to the Board:

a)To administer the Pension and Retirement Fund of the Employees of the Judicial Branch.
b)To study, hear, and resolve the requests for retirement and pension submitted to it.
c)To collect the contributions corresponding to the Fund and exercise the necessary collection actions.
d)To attend to the requests of disabled retirees for reentry to remunerated work.
e)To carry out actuarial studies with the periodicity established in the regulations issued for this purpose by the National Council for Supervision of the Financial System (Conassif) and the Superintendency of Pensions (Supén).
f)To invest the resources of the Fund, in accordance with the law and the regulations issued for this purpose by the National Council for Supervision of the Financial System and the Superintendency of Pensions.
g)To comply with the legislation and regulations issued by both the National Council for Supervision of the Financial System and the Superintendency of Pensions.
h)To issue the rules for the appointment, suspension, removal, and sanctioning of personnel; as well as to approve the annual operational plan, the operating budget, its modifications, and its annual liquidation.
i)All other attributions assigned to it by law and its regulations.

(Sinalevi Note: The third paragraph contained in this number was annulled by resolution of the Constitutional Chamber No. 11957-2021 of May 25, 2021. This paragraph stated the following: "Based on the results of the actuarial studies, and with the authorization of the Superintendency of Pensions, the Administrative Board may modify the initial parameters established in this law regarding the eligibility requirements, the benefit profile, as well as the contributions and dues of judicial employees and of the retirements and pensions provided for in the law, provided that this is necessary to guarantee the actuarial equilibrium of the System.") The Board shall have instrumental legal personality to exercise the attributions assigned to it by law, as well as to exercise the judicial and extrajudicial representation of the Fund.

It shall be financed by a commission for administrative expenses that shall arise from deducting five per thousand from the salaries earned by judicial employees, as well as from the retirements and pensions charged to the Fund. With these resources, the per diem allowances of the members of the Administrative Board, the salaries of its personnel, and, in general, its administrative expenses shall be paid. Idle resources shall be invested in accordance with the provisions of Article 237(*) of this law.

(*) (Current Article 242) (As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 239 to Article 244)

Each full member shall have an alternate to substitute them in their absences, who must meet the same requirements as the full member.

Those who make up the Board shall serve in their positions for five years, after which they may be reelected, all in accordance with the regulations to be issued for this purpose by the Full Court, after a hearing is granted to the trade union organizations of the Judicial Branch.

In the first ordinary session, the Board shall designate the person who will preside over the sessions; this designation shall be for a period of one year, alternating each year between the representatives of the judicial body and the Full Court. In addition, a substitute shall be designated in case of absence. The presiding person shall have a casting vote in the event of a tie.

The members of the Administrative Board shall not earn any per diem allowance but shall have the necessary leave to attend the sessions. To be a member of the Board, the following requirements must be met, which must be documented and demonstrated before the Superintendency of Pensions (Supén):

a)Hold a university degree in careers related to the administration of a pension fund and be a member of the respective professional association, when applicable.
b)Be of recognized and proven honorability.
c)Have knowledge and at least five years of experience in professional or managerial activities relevant to the administration of a pension fund, so that all members of this body possess the skills, competencies, and knowledge that enable them to analyze the risks affecting the Board and the Fund.

The following may not be members of the Board:

1)Persons against whom, in the last ten years, a final criminal judicial sentence has been handed down for the commission of an intentional crime.
2)Persons who in the last ten years have been disqualified from holding an administration or management position in the Public Administration or in entities supervised by the General Superintendency of Financial Entities (Sugef), the General Superintendency of Insurance (Sugese), the Superintendency of Securities (Sugeval), and the Superintendency of Pensions (Supén).

The composition of the body must guarantee equal representation of both sexes, ensuring that the difference between the total number of men and women is no greater than one.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 240 to Article 245)

Said Board is authorized to place the resources of the Retirement and Pension Fund of the Judicial Branch in the following investment possibilities:

a)Up to twenty-five percent (25%) of the Fund, in credit operations through state banking institutions, cooperatives, savings banks, associations, and unions of employees, retirees, or pensioners of the Judicial Branch, that have the platform that allows them to administer said resources and are supervised and authorized by the General Superintendency of Financial Entities (Sugef), the foregoing to finance loans for the construction or improvement of housing and others of a social nature for their associates, according to the regulations to be issued for this purpose, as well as for the purchase of land, expansion, remodeling, reinforcement, and construction of buildings intended for the Judicial Branch, in accordance with the regulations issued for this purpose.
b)At least thirty percent (30%) of the Fund, in securities issued by the public sector.
c)In financial instruments issued by trusts:
1)With financial entities, public or private, to place resources destined for personal microenterprise and housing loans.
2)With financial entities, public or private, for participation in the development of productive and infrastructure projects of national or social interest.
d)Publicly offered securities registered in the National Registry of Securities and Intermediaries, or in securities issued by financial entities supervised by the General Superintendency of Financial Entities (Sugef).

The Administrative Board must annually conduct a study of its credit portfolio according to Sugef parameters, which must be approved by the Board of Directors and sent to Supen, for the respective supervision and regulation tasks.

(As added by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 240 bis to Article 245 bis)

The Administrative Board shall be subject to the supervision charge provided for in Articles 174 and 175 of Law No. 7732, Securities Market Regulatory Law, of December 17, 1997.

(As amended by Article 4 of Law No. 9746 of October 16, 2019) (Its numbering thus amended by Article 1 of the Law for the Accountability of the Magistrates of the Judicial Branch and the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 241 to Article 246)

a)The profile of requirements and benefits granted by the system.
b)The waiting or qualification periods for each of the contingencies, separately.
c)The administrative procedure for processing the requests of interested parties, which must be subject to the provisions of Law No. 6227, General Law of Public Administration, of May 2, 1978, for summary proceedings.
d)The rules on the investment of the Fund's resources, which must guarantee the best conditions of profitability and security.
e)The collection of the commission for administrative expenses shall adhere to criteria of progressivity, proportionality, and graduality in relation to the amount of the salary, retirement, or pension earned. To set this charge, the Board must prepare a study of the needs, the projection of expenses, and the rules of budget execution, so that it conforms to austerity measures and spending control.
f)All other elements deemed necessary for the proper administration of the Fund, the legislation and regulations issued by both the National Council for Supervision of the Financial System (Consejo Nacional de Supervisión del Sistema Financiero, Conassif) and the Superintendency of Pensions (Superintendencia de Pensiones, Supén), and administrative prudence and responsibility.

(As amended by Article 1 of Law No. 9544 of April 24, 2018) (Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 242 to Article 247)

THE PRACTICE OF LAW SINGLE CHAPTER

University students who identify themselves as students of a Faculty or School of Law, duly authorized assistants of attorneys, and bachelors of law, may appear at judicial offices and chambers to request data and examine case files (expedientes), documents, and other items, as well as to obtain photocopies. For these purposes, students and graduates must have the authorization of the professor or the attorney directing the proceeding. Bachelors of law must prove their status with an authentic document issued by the respective University.

(As amended by Article 8 of Law No. 7728 of December 15, 1997) (Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 243 to Article 248)

Excepted from the foregoing prohibition are servants of the Executive Branch who provide services in official teaching institutions and have no other incompatibility; likewise, interim or substitute judicial servants, provided that interim appointment does not exceed three months; specific prosecutors; municipal council members and municipal legal representatives; the Director of the Judicial Gazette (Revista Judicial); part-time public defenders and those who are compensated under a fee system; and, in general, all servants who do not earn a salary but rather per diem allowances.

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 244 to Article 249)

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 245 to Article 250)

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 246 to Article 251)

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 247 to Article 252)

FINAL PROVISIONS SINGLE CHAPTER

Said salary cannot be the object of sale, transfer, or lien of any kind, nor can it be pursued by creditors, except for the payment of alimony, to the extent determined by the Labor Code.

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 248 to Article 253)

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 249 to Article 254)

This fund shall be used to meet urgent or unforeseen needs, arising from natural phenomena, internal unrest, or public calamity, that affect the administration of justice, its facilities, and services, and upon declaration of a State of Necessity by the Executive Branch.

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 250 to Article 255)

(Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 251 to Article 256)

To ensure that persons with disabilities have effective access to justice, the Judicial Branch shall promote the adequate training of those working in the administration of justice.

(Thus added by Article 3, point III) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) (Its numbering thus amended by Article 1 of the Law for the Accountability of Magistrates of the Judicial Branch and of the Supreme Electoral Tribunal, No. 10866 of March 4, 2026, which transferred it from former Article 252 to Article 257)

SINGLE CHAPTER

In no case may the salary earned by the servant be reduced. For the purposes of this provision, the assignment of functions different from those previously entrusted to the servant shall not affect the employment relationship.

However, when competence is attributed to a new court, all proceedings pending as of the date it begins operations shall be transferred to its cognizance. In the same sense, all matters pending before the Third Chamber (Sala Tercera) for printing press crimes shall be transferred to the cognizance of the criminal judges.

7728 of December 15, 1997).

Likewise, the President of the Court shall be responsible for authorizing the practice of notarial law and registering notaries in the Registry kept for that purpose.

7605 of May 2, 1996).

Organic Law of the JudiciaryLey Orgánica del Poder Judicial

Artículo 1 — The Supreme Court of Justice and the other courts established by law exercise the Judicial Branch.

Artículo 2 — The Judicial Branch is subject only to the Political Constitution and the law.

Artículo 3 — The administration of justice is carried out by:

Artículo 4 — No court may assume jurisdiction over cases pending before another.

Artículo 6 — Courts shall provide mutual assistance for the practice of all proceedings that are necessary and ordered in the substantiation of judicial matters.

Artículo 7 — To execute rulings or carry out the proceedings they order, courts may request the assistance of the public force and other conducive means of action.

Artículo 8 — Officials who administer justice may not:

Artículo 9 — All officials and employees of the Judicial Branch are prohibited from:

Artículo 11 — Every judicial servant must take the oath required by the Political Constitution and in the cases indicated by law.

Artículo 12 — Without prejudice to other requirements demanded by law, entering judicial service requires being mentally and physically capable of performing the function, according to its nature.

Artículo 13 — (Repealed by Article 3 of Law No.

Artículo 15 — Appointments shall be made by public and reasoned voting.

Artículo 16 — When making a permanent appointment, the Council may order that the elected person be placed in another office for a period of no more than three months, so that, under the direction of the head of that other office, they may be trained for the performance of the position.

Artículo 17 — The Magistrates shall hold their functions for the time determined by the Political Constitution, and the remaining officials who administer justice, who are not admitted to the Judicial Career, shall serve for six years.

Artículo 18 — When the Supreme Court of Justice or the Superior Council of the Judicial Branch, as the case may be, has doubts about the correctness of any judicial servant, such that a loss of confidence occurs, it may remove them from their position for the better public service.

Artículo 19 — To validly hold their positions, the Magistrates must post bond (caución) for the sum corresponding to twenty-eight base salaries.

Artículo 20 — The bond (garantía) may consist of a mortgage, surety bond, fidelity policy from the National Insurance Institute (Instituto Nacional de Seguros), or a cash deposit.

Artículo 21 — The bond (garantía) expires one year after the date on which the official completed their term or ceased their functions.

Artículo 23 — The procedures indicated in the preceding article are not necessary when it concerns a fiduciary guarantee, which is extinguished when the conditions indicated in Article 21 are met.

Artículo 24 — The extinction mentioned in Article 21 refers solely to the bond (garantía), since the liability action against the official is governed by the ordinary terms of prescription.

Artículo 25 — The following persons cannot administer justice:

Artículo 26 — In compliance with the conditions and procedures established by this Law, the functions of those serving in judicial positions cease due to:

Artículo 27 — Servants holding judicial positions shall be suspended for the following causes:

Artículo 28 — The following servant may be dismissed from their position, following the established procedure and with prior opportunity for defense:

Artículo 29 — When, due to impediment, recusal, excuse, or other reason, a servant must withdraw from hearing a specific matter, their absence shall be filled as follows:

Artículo 31 — In the absence of an express rule on grounds for impediment, excuses, and recusals, the provisions of the Code of Civil Procedure shall be applied in any subject matter, except in the constitutional jurisdiction, which shall be governed by its own norms and principles.

Artículo 32 — Temporary absences shall be filled as follows:

Artículo 33 — In collegiate courts of the same subject matter and category, their members may substitute for one another reciprocally, when for any justified reason they cannot attend the office or hear certain matters.

Artículo 34 — Absolute vacancies shall be filled in the following manner:

Artículo 35 — In cases of absolute vacancy of judges, the competent body may delay the definitive appointment for up to three months; in the meantime, it shall call the respective substitute to exercise the functions or shall appoint a substitute on an interim basis.

Artículo 37 — The residence obligation ceases when the official or employee enjoys a leave of absence (licencia) or vacation.

Artículo 38 — The obligation of attendance ceases:

Artículo 39 — Judicial servants shall have the right to annual vacations, in the following manner:

Artículo 40 — The Superior Council of the Judicial Branch shall issue, annually, a vacation plan in which it shall provide the measures it deems necessary so that the public service is not affected and shall endeavor to ensure that Judicial Offices do not close for that reason.

Artículo 41 — Leave without pay and with just cause may be granted by:

Artículo 42 — When a judicial servant is incapacitated by illness, the Executive Directorate (Dirección Ejecutiva) shall process the leave with pay.

Artículo 44 — Leaves with or without pay may not exceed six months.

Artículo 45 — The Full Court (Corte Plena) shall determine, by agreement, the personal insignia and the vehicles that may be used exclusively by the Magistrates of the Supreme Court of Justice (Corte Suprema de Justicia).

Artículo 47 — Those who work in the Judicial Branch are generally called "servants" (servidores).

Artículo 48 — The Supreme Court of Justice is the Superior Court of the Judicial Branch and, as the superior body thereof, shall exercise the functions of governance and rule-making.

Artículo 49 — The Supreme Court of Justice is composed of three Cassation Chambers: First, Second, and Third, and the Constitutional Chamber, comprising five Magistrates, with the exception of the latter, which shall have seven.

Artículo 50 — Each Magistrate may have at least one assistant attorney, appointed by them, with the approval of the Superior Council of the Judicial Branch.

Artículo 51 — The Magistrates of the Supreme Court of Justice shall be sworn in before the Legislative Assembly and shall take possession of their office as of the date designated by the Assembly, provided they have posted the bond (garantía).

Artículo 52 — Except as expressly provided otherwise, for the Chambers to exercise their functions, the concurrence of all their members is required.

Artículo 53 — The seat of the Supreme Court of Justice is in the capital of the Republic.

Artículo 54 — The First Chamber shall hear:

Artículo 55 — The Second Chamber shall hear:

Artículo 55 bis — The Second Chamber of the Supreme Court of Justice.

Artículo 56 — The Third Chamber shall hear:

Artículo 57 — The Constitutional Chamber shall hear:

Artículo 59 — The Supreme Court of Justice corresponds to:

Artículo 60 — The President of the Court shall also be the President of the Judicial Branch and, apart from the other powers conferred upon them by law or regulation, they shall have the following powers:

Artículo 61 — In addition to the powers conferred by law or regulation upon the Chamber Presidents, they shall have the following powers:

Artículo 62 — The Court shall have at least thirty-seven alternate Justices, of which twelve shall be for the Constitutional Chamber, nine for the First Chamber, and eight for each of the remaining Chambers.

Artículo 64 — The alternate Justices chosen by drawing to hear a specific matter may not withdraw from its cognizance, except in the case of a legally valid excuse or disqualification.

Artículo 66 — It is the responsibility of the Court to appoint permanent, special, and temporary committees.

Artículo 67 — Accountability report.

Artículo 68 — Content of the report.

Artículo 69 — Deadlines for the report.

Artículo 70 — Publication and access.

Artículo 71 — Sanctions.

Artículo 73 — The members of the Council, with the exception of the Justices who comprise it, shall receive the same base salary as the judges of the Cassation Court.

Artículo 74 — The Council shall be composed of five members, four of whom shall be officials of the Judicial Branch and one shall be an external attorney, all of recognized competence.

Artículo 75 — The President of the Court is, in turn, the President of the Council.

Artículo 76 — Except for the President, the three members of the Council who are also judicial officials must have worked for the Judicial Branch for at least five years.

Artículo 77 — Except for the President of the Court, who shall be substituted according to the manner established for that position, the remaining members of the Council shall each have two alternates, who must meet the same requirements as the regular member elected by the Court.

Artículo 78 — The members of the Council shall attend to their functions on a full-time basis and shall have the same prohibitions and incompatibilities as other judicial employees.

Artículo 80 — The regular or alternate members of the Superior Council of the Judicial Branch in the exercise of their position may not, during their term, be promoted through appointments that depend on the Council.

Artículo 81 — The Superior Council of the Judicial Branch must ordinarily meet at least twice a week and, extraordinarily, when convened by its President or by three of its members.

Artículo 82 — The sessions of the Council shall be public, except in special, duly justified cases where the law provides otherwise.

Artículo 83 — In matters not provided for in this Law, the regime governing the acts of the Council shall be that established for administrative acts, without, under any circumstances, having to consult the Office of the Attorney General of the Republic (Procuraduría General de la República).

Artículo 84 — In matters within its competence, the Council may form work committees.

Artículo 85 — The Council shall render an annual report to the Supreme Court of Justice, on its operation and that of the courts of the Republic and other bodies, departments, and offices of the Judicial Branch.

Artículo 86 — The Superior Council of the Judicial Branch has the following powers:

Artículo 90 — Within the Judicial Branch, those departments, sections, and administrative headships that good service requires shall function, with the powers that the Corte specifies.

Artículo 91 — The Dirección Ejecutiva shall be headed by an official who shall be called the Executive Director of the Judicial Branch, who must be a Costa Rican citizen, over thirty years of age, a lawyer with knowledge and experience in Administration, or a graduate in Administration.

Artículo 92 — Within the Dirección, there shall be a Deputy Director, who shall be subordinate to the Director and shall collaborate with the latter in the performance of duties.

Artículo 93 — The Director shall have the following duties, in accordance with the law, the regulation, and the directives indicated by the Corte, the President of the Council, or the Council:

Artículo 95 — The Auditor shall have the following duties: