Original article: “Una reforma de esta magnitud exige experiencia”: trabajadores judiciales cuestionan rol de Trinidad Zegers
The appointment of attorney Trinidad Zegers to lead the Reactivation of the Civil Procedural Reform has sparked a strong reaction from the Judicial Workers Organization (OTJ), which warned that an initiative of such magnitude, stagnant in Congress for over a decade, requires profound knowledge of the judicial system that the professional may not possess.
In a public statement, the group criticized the Ministry of Justice and Human Rights for the appointment, stating that the development of this initiative, aimed at replacing the 1903 Code of Civil Procedure, will directly impact work organization, workload, court management systems, and ultimately, public access to justice. Thus, they argue that a transformation of this nature requires «technical rigor, experience, in-depth knowledge of court operations, and effective participation from those who daily uphold the justice system.»
The OTJ emphasized that the reform cannot be designed outside of the courts and that judicial officials should not be treated merely as recipients of a process that ignores the everyday realities of civil justice .
Public information indicates that Zegers, who was sworn in as a lawyer in April of this year, joined the Ministry of Justice and Human Rights as an advisor that same month. Her prior professional background includes time in law firms and the Legal Assistance Corporation, as well as a role as vice president of the law student council at the Catholic University . According to Justice Minister Fernando Rabat, who oversaw the controversial appointment, Zegers’ role will involve coordination and administrative management, while substantial definitions of the reform will continue to lie with the authorities and technical teams within the ministry.
While the OTJ appreciates this clarification, they assert that it does not resolve the core issue, as a structural reform of the civil justice system «requires that all relevant responsibilities such as technical, political, administrative, and coordination tasks be assigned transparently and based on the necessary experience and competencies for the entrusted functions.»
In their statement, the group clarified that their concerns do not constitute personal criticism of the appointed professional, but rather highlight that the issue is of an institutional nature.
«The responsibility to determine who leads, coordinates, and implements a transformation of this significance falls to the Ministry of Justice, and it is that decision that must be able to be explained and justified to the public and to those of us who are part of the justice system.» they stated.
Through the declaration shared on their social media, the OTJ reiterated that judicial workers cannot be seen as mere recipients of a reform devised outside the courts, as they directly understand the everyday functioning of civil justice: «its difficulties, workloads, management challenges, strengths, and limitations.»
«Any reform seriously aiming to improve justice must incorporate this experience from its design and not only at the moment of implementation,» they emphasized.
Transparency, Knowledge, and Participation are Key to the Reform
In this context, the organization proposed a series of requests to the Ministry of Justice, including the need to clarify the roles, responsibilities, and powers of those in charge of coordinating, leading, and implementing the reform.
According to the OTJ, it is imperative to ensure that technical and strategic responsibilities are exercised by teams with sufficient experience and knowledge in civil procedural matters, judicial management, and implementing reforms to the justice system. Concurrently, formal mechanisms for the participation of judicial workers during the discussion, design, and implementation of the reform should be established, as they are the ones who know the daily operational reality and whose legitimacy and commitment are essential for the success of any structural transformation.
Finally, such a significant reform cannot overlook its deeper impacts, thus it should early include in the debate the organizational and labor consequences that the new procedural model will produce, including staffing, workloads, training, infrastructure, and technological systems. In this regard, it is crucial to provide a serious implementation plan to avoid having design deficiencies or resource insufficiencies burden judicial officials and, ultimately, the individuals seeking justice in the courts.
«The Experience of Those Working in the Courts Must Be Heard»
In the organization’s view, this process aimed at unlocking and reactivating one of the pending modernizations within the judicial system «represents an opportunity that should not be missed,» however, precisely due to its importance, «it requires experience, dialogue, transparency, and participation.»
«Modernizing civil justice is not merely about approving a new Procedural Code. It means building a system that can operate in reality. And to do it correctly, the experience of those who work every day in the courts must be heard,» concluded the OTJ.
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