Esta ley enmienda varias leyes existentes para modificar los procedimientos de recaudación de fondos en los tribunales de Puerto Rico. Designa al Director Administrativo de los Tribunales para nombrar oficiales o empleados, además de los Secretarios Regionales y Alguaciles, para realizar tareas de recaudación. También deroga y armoniza disposiciones legales obsoletas relacionadas con la contabilidad y el depósito de fondos judiciales, y establece procedimientos para el manejo de fondos inactivos y de menores o personas con discapacidad.
(Approved January 8, 2004)
To revoke Sections 1, 3, 4 and 5; to amend Section 2 for the purpose of providing on the officer(s) who shall collect funds received by the Clerks of the Court of First Instance, and; to renumber the referred Section 2 as "Section 1" and as "Section 2", "Section 3" and "Section 4" Sections 6, 7 and 8 of the Act of February 20, 1903, as amended, known as the "Act Providing an Accounting of Moneys Received by the District Courts and for Other Purposes;" to repeal and to substitute the text of Section 3 and to amend Section 5 of the Act of March 10, 1904, as amended, known as the "Act Creating the Post of Clerk of the District Court, Defining his Duties and Fixing his/her Salary," to empower the Administrative Director of the Courts to designate other officers or employees to perform collection duties, in addition to the Regional Clerks and to harmonize such provisions with the present rule of law; to amend Sections 26 and 30 of the Act of March 10, 1904, as amended, known as the "Act Creating the Post of District Marshall, Defining the Duties and Fixing the Salary for the Performance of the Same," to empower the Administrative Director of the Courts to designate other officers or employees, in addition to the Bailiffs, to perform collection duties, and to harmonize such provisions with the present rule of law; to revoke the Act of March 12, 1908, as amended, known as the "Act Ordering the Clerks and Marshals of the Puerto Rico District and Municipal Courts to Deposit All Official Funds in Banking Institutions," to provide that such funds shall be deposited in those banking institutions designated by the Chief Judge of the Supreme Court or by the Administrative Director of the Courts, by delegation of the former and to make provisions with regard to those other officers or employees that the Administrative Director of the Courts may designate to perform collection activities in the Courts; to repeal the Act of March 14, 1907, as amended, called "Act Providing the Posting of Official Bonds by Clerks and Marshals of the Respective Municipal Courts, and for the Appointment of Temporary Clerks and Marshals for the Same in Specific Cases;" to amend Sections 1, 2, 3, and 4 of Act No. 137 of June 28, 1969, known as the "Act to Authorize Clerks of the Court of First Instance to Deposit in an Account under their
Custody the Amounts Received in their Respective Clerkships when the Purposes for which these Amounts will be Used is Unknown or when the Person Sending the Same or the Beneficiary of Such Amounts are Unknown," for the purpose of making provisions with regard to the officers or employees who may be designated by the Administrative Director of the Courts to perform collection duties; to amend Section 1 of Act No. 38 of May 26, 1954, called "Act to transfer to the State Treasury the deposits remaining as balance in the respective bank accounts of Clerks and Bailiffs of the different Divisions of the Puerto Rico Court of First Instance, related to civil cases, or to other cases and for other concepts that had remained without any movement for a period of five (5) years or more in such bank accounts and whose owners or claimants, or their whereabouts are unknown; to transfer to the general fund those balances of this same origin deposited with the Secretary of the Treasury," for the purpose of including in said section the inactive balances existing in accounts where those other officers or employees designated by the Administrative Director of the Courts are in charge of performing collection duties, in addition to the Regional Clerks and the Bailiffs who perform said duties.
Section 5 of the Act of March 10, 1904 "Act Creating the Post of Clerk of the District Court, Defining Duties and Fixing the Salary," establishes that those officers are charged with collecting the fees received by the Division to which they are assigned, keeping detailed accounts concerning the same, delivering to the Secretary of the Treasury the amounts corresponding to the referred fees, and remitting to said officers the account statements that said Secretary provides concerning the same. Similar duties are imposed on the Bailiffs by Section 26 of the Act of March 10, 1904, known as the "Act Creating the Post of Clerk of the District Court, Defining Duties and Fixing the Salary." That is to say that, apart from the functions that the Personnel of the Judicial Branch Act and the applicable regulations that control said Branch require from people holding such positions, the Regional Secretaries and Bailiffs of the General Court of Justice are obligated by the provisions of these laws to perform as Official Collectors.
With the passage of time, with the increase in the number and complexity of cases seen in the courts, as well as in the amount of collected funds, on many occasions the obligations accompanying the designation of Regional Clerks and Bailiffs of the General Court of Justice as Official Collectors, significantly limits such officers' capacity to effectively perform other tasks inherent to their jobs, hindering the best management of the Divisions and of matters requiring the attention of the bailiffs.
This Legislature deems it necessary to provide the means to correct said difficulties by providing that in those Judicial Regions where service needs so require, the Administrative Court Director may authorize the delegation or reassignment of the collections that the present legislation imposes upon the Regional Clerks and Bailiffs of the General Court of Justice. In this way, said officers are free from such functions, when complexity and the work load so require, allowing them to dedicate greater efforts to other tasks, such as adequately supervising the personnel under their charge and ensuring consistency and correctness in the matters under their charge.
The measure also repeals several legal provisions related to collection procedures in the Divisions, which in practice are obsolete and it harmonizes others with the present organization of the Judicial Branch. Through the repeal of the Act of March 12, 1908 and the inclusion of provisions related to the selection of banking institutions where the funds collected by the Divisions of the Court of First Instance shall be deposited, it is intended to authorize the Chief Judge of the Supreme Court or the Administrative Court Director, by delegation of the former, to determine and to issue regulations concerning all matters related to the banking institutions where said deposits shall be made.
Section 1.- Sections 1, 3, 4 and 5 are hereby repealed; Section 2 is amended and renumbered as "Section 1," Sections 6, 7 and 8 are renumbered as "Section 2," "Section 3" and "Section 4" of Act of February 20, 1903, as amended, known as the "Act Providing an Accounting of Moneys Received by the District Courts and for Other Purposes," to provide: "Section 1.- All the amounts of money received in the respective divisions of the Court of First Instance as costs, fines, forfeiture of bonds, pecuniary penalties or confiscations or for any other concept shall be paid to the Clerk of said Court or to the employee or officer designated by the Administrative Director of the Courts to perform collection duties and it shall be their obligation to make a detailed and an exact accounting of all the money received, specifying the date when payment was made, by whom and for what concept.
Section 2.- ... Section 3.- ... Section 4.- ... Section 2.- Section 3 of Act of March 10, 1904, as amended, known as the "Act Creating the Post of Clerk of the District Court, Defining his Duties and Fixing his/her Salary," is hereby repealed and substituted by a new Section 3 to provide: "Section 3.- The Clerk of the Supreme Court, the Clerk of the Appellate Circuit Court, all the Clerks of the Courts of First Instance, all the Deputy Clerks or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, shall be covered by that bond established in favor of
the Commonwealth of Puerto Rico to respond to the faithful discharge of duties in their work.
Section 5.- All the money collected by the Clerk of the Supreme Court, the Clerk of the Appellate Circuit Court, all the Clerks of the Courts of First Instance, or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, must be delivered by these to the Secretary of the Treasury on or before the third day of the month immediately following the one when collection was made, and if the Clerk of the Supreme Court, the Clerk of the Circuit Court of Appeals, all the Clerks of the Courts of First Instance, or the person appointed by the Administrative Director of Courts to perform collection duties and deliver the amounts in question to the Secretary of the Treasury, as established, failed to do so, the amount that they failed to collect or to deliver shall be deducted from their salaries. The Clerks of the Courts of First Instance, or the people appointed by the Administrative Director of Courts to perform collection duties, shall make and present to the Secretary of the Treasury the status of the accounts that they may request. ... Section 3.- Section 26 is hereby repealed and substituted for a new "Section 30," the Section 30 of the Act of March 10, 1904, as amended, known as the "Act Creating the Post of District Marshall, Defining his Duties and Fixing his/her Salary for Performing the Same" to provide: "Section 26.- All Bailiffs or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, shall collect payments in advance and shall deliver them to the Secretary of the Treasury on or before the third day of the month immediately following the one when collection was made and if they failed to collect or to deliver said money to the Secretary of
the Treasury, as established, the amount that they failed to collect or to deliver, shall be deducted from their salaries. The Bailiffs or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, shall make and present to the Secretary of the Treasury the state of accounts that they may request.
Section 30. The Bailiffs or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, shall be covered by that bond established in favor of the Commonwealth of Puerto Rico to respond for the faithful discharge of duties in their work.
Section 31.- ... Section 4.- The Act of March 12, 1908, as amended, known as the "Act Ordering the Clerks and Marshals of the Puerto Rico District and Municipal Courts to Deposit All Official Funds in Banking Institutions" is hereby repealed.
Section 5.- The Presiding Judge of the Supreme Court or the Administrative Director of the Courts, by delegation of the former, shall designate, in agreement with procedures established through regulations, the banking institution(s) that the Clerks of the Court of First Instance, the Bailiffs or those officers or employees appointed by the Administrative Director of Courts, to perform collection duties, shall deposit the funds collected following their official functions, as costs or fees, for attachments, enforcement or judicial sale of goods, or in any other way. Said deposits shall be made immediately after being received and according to rules approved by the Administrative Director of Courts.
Section 6.- The funds of minors or handicapped people, except those against which withdrawals are habitually made, shall be deposited by the Clerks of the Court of First Instance, or by those officers or employees appointed by the Administrative Director of Courts to perform collection duties, in a special savings
account to their name or in the banking institutions designated by the Presiding Judge of the Supreme Court or the Administrative Director of the Courts, by delegation of the former. The referred to account shall reflect the amount deposited in the name of each minor or handicapped person, in such a way as to allow the calculation of accrued interest for each one, as well as any other matter provided through regulations.
Section 7.- The Act of March 14, 1907, as amended, known as the "Act Providing the Posting of Official Bonds by Clerks and Marshals of the Respective Municipal Courts, and for the Appointment of Temporary Clerks and Marshals for the Same in Specific Cases" is hereby repealed.
Section 8.- Sections 1, 2, 3, and 4 of Act No. 137 of June 28,1969, known as the "Act to Authorize Clerks of the First Instance Court to Deposit in an Account under their Custody the Amounts Received in their Respective Clerkships when the Purposes for which these Amounts will be Used is Unknown or when the Person Sending the Same or the Beneficiary of Such Amounts are Unknown," are hereby amended to provide: "Section 1.- The Clerks of the Court of First Instance, or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, are authorized to endorse and to deposit in a bank account under their custody, all checks, postal orders and any other valuables of any nature that they may hold or that they receive in the future in their respective Divisions, when the purposes for which those valuables shall be used, the whereabouts of the person who sent them, or to whom they should be delivered, are unknown.
Section 2.- The Clerks of the Court of First Instance, or those officers or employees appointed by the Administrative Director of Courts to perform collection duties, are authorized to withdraw from the account referred to, in order to address future claims by people to whom such valuables belong.
Section 3.- The Administrative Director of Courts shall issue the rules and regulations necessary for compliance with the purposes of this Act.
Section 4.- The provisions of this Act shall not apply to Act No. 180, approved on December 20, 1997.
Section 9.- Section 1 of Act No. 38 of May 26, 1954, known as the "Act to transfer to the State Treasury the deposits remaining as balance in the respective bank accounts of Clerks and Bailiffs of the different Divisions of the Puerto Rico Court of First Instance, related to civil cases, or to other cases and for other concepts that had remained without any movement for a period of five (5) years or more in such bank accounts and whose owners or claimants, or their whereabouts are unknown; to transfer to the general fund those balances of this same origin deposited with the Secretary of the Treasury", is hereby amended to provide: "Section 1.- It is hereby established that all the balances that remained without any movement for a period of five (5) years or more in the bank accounts of Clerks, bailiffs or those officers or employees appointed by the Administrative Director of Courts to perform collection duties in the Divisions forming the Puerto Rico Court of First Instance, and whose owners, heirs or claimants, or there whereabouts were unknown, shall be transferred to a Special Deposit Account in the books of the Department of the Treasury Accounting Service, previous to sending the respective funds or values to the Secretary of the Treasury by the Clerks, bailiffs, or other personnel exercising collection duties, under whose charge such balances were; provided that all that shall be carried out following orders or resolutions issued by the respective court and previous publication of the corresponding edicts.
Section 10. - This Act shall take effect thirty (30) days after its approval.
I hereby certify to the Secretary of State that the following Act No. 3 (S.B. 1527) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to revoke Sections 1, 3, 4 and 5; to amend Section 2 for the purpose of providing on the officer(s) who shall collect funds received by the Clerks of the Court of First Instance, and; to renumber the referred Section 2 as "Section 1" and as "Section 2", "Section 3" and "Section 4" Sections 6, 7 and 8 of the Act of February 20, 1903, as amended, known as the "Act Providing an Accounting of Moneys Received by the District Courts and for Other Purposes; etc.", has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $4^{ ext {th }}$ of May of 2005.
Luis E. Fusté-Lacourt Director