Esta ley enmienda la Ley Núm. 23 de 24 de julio de 1952 para añadir una nueva disposición que establece que la participación de los fiscales en actividades político-partidistas será causa de suspensión o destitución. La ley enumera específicamente las actividades en las que los fiscales deben abstenerse de participar para mantener la imparcialidad del sistema de justicia.
(Approved March 3, 2002)
To amend Section 5 of Act No. 23 of July 24, 1952, as amended, to add subsection (5), to establish that the participation of prosecuting attorneys in political activities shall be cause for the suspension or removal of these public officials, and to enumerate the activities of this nature in which prosecuting attorneys shall abstain from participating.
As in the case of judges, prosecuting attorneys should conduct themselves so as to exclude any possible appearance that they might be susceptible to acting under the influence of persons, groups or parties, or that they might be swayed by public opinion, or by considerations of popularity or renown, or by improper motivations.
The Supreme Court of Puerto Rico adopted the Code of Judicial Ethics which apply to the members of the Judicial Branch since September $1^{ ext {st }}$, 1977.
Rule XIII establishes that judges can not participate in political activities and lists the activities in which they should abstain from participating, while not undermining their right to vote and to have their own ideas in terms of political issues.
The intent of this measure is to amend Section 5 of Act No. 23 of July 24, 1952, as amended, in order to establish that active participation of
prosecuting attorneys in political party activities shall be cause for their suspension or removal.
Section 1.- Subsection (5) is added to Section 5 of Act No. 23 of July 24, 1952, as amended, to read as follows: "Section 5.- The Prosecuting Attorneys of Puerto Rico may be suspended from employment and salary or removed from office, before expiration of the term for which they were appointed, for the following reasons: (1) (2) (3) (4) (5) Participating in political party activities, including the following:
(a) Participating in political campaigns of any kind.
(b) Holding office in political parties or entities.
(c) Contributing amounts of money, whether directly or indirectly, to political candidates, parties or entities.
(d) Participating in meetings, gatherings, assemblies, conventions, primary elections, or other political party-related acts.
(e) Endorsing or opposing publicly to candidates for elective offices or for government appointment by the Governor of Puerto Rico to hold office in the Executive Branch other than the office of prosecuting attorney or political leaders.
(f) Making public statements, comments or expressions on issues or acts in relation to politics or a political party,
provided that the public statements to which this subsection refers are statements made to the media or in concentrations or meetings of a political party; it is provided, further, that this subsection does not undermine the right to freedom of expression for prosecuting attorneys concerning issues of public interest pertaining to the advancement or protection of their profession or of laws or proposed bills connected to the performance of their work.
(g) Attacking politically or raising controversies with political leaders or candidates, without undermining, of course, their right to defend themselves from abusive attacks to their person or their honor.
(h) Promoting the interests of any political party or entity whatsoever. Prosecuting attorneys must be and feel free of any political influence and should not provide grounds by way of their conduct to the belief that their political ideas have an influence in the discharge of the duties of their office. It is the duty of Prosecuting attorneys, furthermore, to see that the other officials and employees under their direction do not tarnish with their political conduct the image of impartiality of the justice system.
(i) Prosecuting attorneys shall abstain from announcing publicly their intention of aspiring to an elective office, or from engaging in activities leading to that purpose, or in deed formalize said aspiration with the competent government body while discharging the duties germane to their office.
(j) Prosecuting attorneys are hereby prohibited from soliciting or persuading any person to resort to the Department of Justice as a witness, informer, or plaintiff, or to request some of the services offered by the Department to the citizenry, or to participate or to desist from participating in political activities in exchange of the corresponding benefits or services.
(k) Prosecuting attorneys are hereby prohibited from using insignias, buttons, or badges allusive to political parties. (1) Prosecuting attorneys shall abstain from procuring the endorsement of any elective official whatsoever with the purpose of obtaining their reappointment or promotion, except for the Governor of Puerto Rico and the members of the Senate of Puerto Rico in the exercise of their constitutional power to consent."
Section 2.- This Act shall take effect after its approval.
I hereby certify to the Secretary of State that the following Act No. 40 (S.B. 546) of the $3^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 5 of Act No. 23 of July 24, 1952, as amended, to add subsection (5), to establish that the participation of prosecuting attorneys in political activities shall be cause for the suspension or removal of these public officials, and to enumerate the activities of this nature in which prosecuting attorneys shall abstain from participating, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $29^{ ext {th }}$ of December of 2003.
Elba Rosa Rodríguez-Fuentes Director