Lawyer sanctioned for acting as attorney while holding public office

A disciplinary action was initiated against a lawyer who acted as attorney for the plaintiff in a process that was brought before a Civil Court of the Bogota Circuit, despite his status as a public servant, since he held the position of office secretary of the municipality of Purification, Tolima.

The National Commission for Judicial Discipline resolved to confirm the first instance ruling handed down by the Bogota Sectional Commission for Judicial Discipline, in which the lawyer’s responsibility was declared and he was sanctioned with suspension from professional practice for six months.

For the Chamber, it was appreciated that the disciplined acted within the verbal process and an active and constant participation on his part was always evidenced, which evidenced the full exercise of the legal profession. On the other hand, there is the exercise as a public servant of the investigated, which was definitely concomitant.

Therefore, the high court clarified, as a general rule there will be express incompatibility to practice the profession of lawyer and perform at the same time as a public servant. The incompatibility lies in accepting and carrying out professional assignments that imply the independent exercise of the profession. (MP Maurice Fernando Rodriguez Tamayo).