The amparo that questions the direct designation of magistrates in the new appeal rooms accumulates 18 days without resolution. Now, the president of the Constitutional Court (CC) requested more documents before schedule the case.
The magistrate president, Leyla Lemus, made requirements a the Supreme Court of Justice (CSJ), to the Council of the Judicial Carrera and Congress, as stated in documents already notified to those state agencies.
On September 1, lawyer Edgar Ortiz presented an amparo action against the direct designation of magistrates which did, by majority, the Plenary of the CSJ in four new appeals rooms.
The authority indicated in the amparo is the CSJ, according to file 6443-2025 registered in the CC.
Lemus asked the CSJ certified copy of Act 33-2025 and a report to know if the decisions described in that document were notified to the Judicial career Council.
According to the documents, in that act the movements made by the CSJ are instructed to integrate the rooms, placing titular vocal magistrates as substitute presidents as vowels.
The judicial career council is asked if the CSJ told him the points discussed in Act 33-2025 and if he notified the Congress; while the latter is consulted if he received said advice.
Surprising Lemus’s request
The lawyer Ortiz, when asked about the new requirements around his protection, said he was “surprised”, Since, he said, there are aspects that the CSJ already responded in the first report requested by the CC, in addition to other public pronouncements.
“First, it is something that can be elucidated in the circumstantial report; second, because the CSJ already made it clear in a statement of September 4 that will make the appointments of the new rooms without going through Congress; and third, because the writing of the prior of the CC is confusing,” The lawyer said.
A constitutional source, which preferred not to be summoned, added that Act 33-2025 was already delivered to the CC by the magistrate Flor de María García, when she served as an acting president of the CSJ.
President of the @CC_guatemalaLeyla Lemus, asks for more reports
before solving the protection of @edgar_ortizgt against the designation of magistrates in the new judicial halls. Sources point out that an act is requested that was already delivered on disk, which could delay the case more pic.twitter.com/iu7ea9muif– Douglas Cuevas (@dcuevas_Pl) SEPTEMBER 18, 2025
In addition, the Ortiz writing indicates as an authority challenged to the CSJ, so it causes doubts among some sources that are now sought background with other units, when apparently there are already the necessary documents to know the case.
At the beginning of this week it was known that the judicial career council notified Congress about the creation of two of the four new rooms, although he did not mention vacancies in his letter.
“The notification of the judicial career council to Congress is incorrect: it just announced the inauguration of Salas, but never notified vacancies. So that Congress could choose, they had to inform the number and type of vacancies, which they did not do”Ortiz concluded.