They question promotions and express appointments of the Supreme Court

[Inkriql]

Despite the fact that in April 2018, the Supreme Court of Mendoza decided to freeze revenues to the Judiciary, in November it signed two agreements -which are not published in the administrative digest of its website- that allowed for 23 income and promotions of personnel.

In total, the agreed 29,043 and 29,044 resolve 54 designations. A large part respect the career and the ladder but there are 13 entries and 10 controversial promotions.

"Given the lack of personnel, especially in those sectors where reforms are already being implemented unilaterally by the Court, it is improvised by transferring personnel from one sector to another, in the best style 'covering one hole with another', neglecting the necessary professional qualification, violating the judicial career with designations 'a finger' and other vices of the kind, "denounced in an open letter from the Association of Employees and Officials of the Judiciary.

In the same sense the general secretary of the union of the judicial ones, Carlos Ordoñez was expressed: "In the middle of the negotiation of the Collective Agreement of Work, the Court decides to advance in the judicial race and to pass by above the system of contests".

"Many people who are in the category of maestranza begin to ascend and then take a leap to a higher category that does not respect the judicial career," he complained.

From the Court defended the agreed and the appointments. "Such designations are made when there is a real need, according to what is needed and not to resent the justice service," said its owner, Jorge Nanclares.

"There are urgent needs that we have decided to cover in this way. We do not seek authoritarianism in decisions and we understand the complaint of the union. We are always open to dialogue and to work in the judicial career, "he added.

The names
In the agreements signed on November 20 by José Valerio, Pedro Llorente and Jorge Nanclares, some names attract attention, such as that of Rubén Atilio Mattiusso. The newly appointed collaborator of the criminal jurisdiction on issues of quality management and liaison with the Directorate of Informatics was a cabinet advisor to the Ministry of Agro-industry during the government of Francisco Pérez. Mattiusso arrives at the Judicial Power in class 13 of the administrative technical staff -for which it is necessary to take a test and be less than 40 years old, -equal age far exceeding because he has 58- to fill the vacancy left by Agustín Gullé (son of the attorney general of the Court Alejandro Gullé), who went to work for Federal Justice.

Without examining and with the same salary that Mattiusso was appointed temporarily to Fernando Martinez as editor of the YouTube channel of the Judiciary.

Two positions of official and hierarchical personnel were also occupied by outsiders. Vanesa Hernández was appointed responsible for the implementation and monitoring of the computer system in the Modernization secretariat; and Víctor Correas was appointed to occupy the place that Gabriel Longhin left free when he was named collaborator of the penal code in April.

Another nine people are also part of the Judiciary since November without going through the exams filter. All were named as teachers in class 23. Gabriela Emilce Brito, Rubén Félix Oros, Mariel Simo and Emiliano Orrego entered the Modernization secretariat. Pablo Bueno, Facundo Mattei, Laura Lecea and Natalia Morado were in assistant positions in the first, second, third and fourth circumscription, respectively.

Also entered by Ariel Gonzalo Herrera, to the administrative administrative office of Criminal Court No. 1, one of the dependencies that are under the orbit of his father, Daniel Herrera, in charge of controlling the Offices of Management of Criminal Hearings from the province.

The rest of the income respects the order of merit of the exams, such as that of Ariadna Cazabán, who surrendered in 2015, was ranked 102 and is now part of the evening shift of the OGAP of the first circumscription. Ariadna is the daughter of Alejandro Cazabán, the lawyer who defended Julieta Silva in the trial for the death of Genaro Fortunato and who was minister of Celso Jaque.

Class jumps
As for the controversial promotions there are two that went from class 23 masters to administrative technicians class 13. It is Maria Carolina Martini and Juan Manuel Porolli. A jump of 10 classes that, according to the judicial guild, does not respect the promotions that must be given to one class at a time.

Other striking promotions are those that already occupied interim positions as administrative technicians and went on to do jobs in class 7 and 5 as officials and hierarchical personnel. For example, José Pérez Iglesias was the provisional coordinator of the OGAP of Criminal Court No. 1 and is now an official of the third district. Lucía Fuentes Rubio was a provisional administrator of the OGAP of the Alvear criminal court and also became an official but in the second district. And Nicolás Martín Chicahuala is class 13, interim class 9 and now interim class 7 in the position of administrative advisor to the Modernization secretariat.

The other two who jumped from technicians to officials with the agreed upon ones were Emilio Cuenca Musri and Rita Palermo Comeglio, who are now secretaries of criminal administrative management offices.

These promotions are different from those of other employees included in the agreements, such as that of Marcos Argañaraz -the nephew of former court judge Alejandro Perez Hualde-, who went from class 22 to class 21 in the category of maestranza, respecting the regulation

Previous cases
These agreements are reminiscent of those of December 2017 with which the Court appointed Carlos Quiroga Nanclares - nephew of Jorge Nanclares - coordinator of the Unit of Transformation and Institutional Development in class 1; to Elizabeth Carbajal, private secretary of Ceremonial and Protocol; and Nora Gomina in the Secretariat of Room I of the Supreme Court.

Why there are no exams or contests
In April 2018, the Court published the agreed 28,734 that stopped the entry of personnel throughout the year. In addition, Law 9040 establishes in article 24 that to implement the collegiate criminal courts, existing human resources must be used. That is to say, that the officials and employees of the Chambers of Crime and Courts of Guarantee, Corrections, Flagrancy and Criminal Enforcement will occupy positions in the OGAP and Office of Appeals.

Given these two limitations, why the Court decides 23 new incomes and promotions ?. In the agreed upon three bases are explained: that they need personnel to cover the evening shifts, that there are personnel with many responsibilities that must be hierarchized and that they must meet the deadlines for the new system to work correctly, therefore, they should strengthen the secretariat of Modernization to reach the objectives.

"We have to make a reallocation of resources and a change in the judicial ladder that faced orality was old, because before you needed a clerk and that is now resolved orally and with computer means," said Nanclares.

"Jumping classes are special cases like when jury trials were implemented. In addition, there are many trained judicial employees who have been received from lawyers or attorneys and can be reassigned, "he added.

From the guild they do not agree with the exceptions that they label as "income through the window" or arbitrary promotions.

"To enter the Judicial Power, a series of exams must be performed and with the results an order of merit is established to cover the charges. The technical and administrative personnel have to enter by examination, and the officials and hierarchical personnel by contest ", explained Ordoñez.

"In general, an interim is appointed for one year until a contest is called. But he always wins the interim because he had a year to train in office. This discourages the judicial employee because there are many people who have studied and are waiting but never call them, "he added.