National Board of Justice

The National Council of the Magistrature was codified as part of the 1979 Peruvian Constitution. The function of the Council was that of screening and proposing judges. Supreme Court Justices were proposed to the President by the Council and then in turn to the Senate which ratified the appointments.[3] Lower court judges were chosen by the Council and then ratified by District Magistrate Councils.[4]

The 1979 Constitution version of the Council was modeled after the Italian High Council of the Judiciary and was similar to other councils in Colombia, Ecuador, Bolivia, and Venezuela. It was composed of seven members who served three year terms. The Prosecutor General presided over the Council while the other six members were two representatives from the Supreme Court, one from the National Federation of Bar Associations of Peru, one from the Lima Bar Association, and two representing Peruvian Law Schools.[4]

After the 1992 Peruvian constitutional crisis and the adoption of the 1993 Peruvian Constitution, the Council gained greater autonomy and responsibility. The 1993 Peruvian Constitution gave the Council the power of appointing and removing all judges and prosecutors. It also required that all appointees were re-elected or removed from office every seven years. The counselors were no longer members of different governmental organizations and civil institutions that served in an advisory roll. They were now full-time counselors that were chosen by a special body of electors for a five-year term.

A series of wiretaps were published by the press starting in July 2018 which recorded counselors speaking with prominent businessmen and judges which showed vast cronyism within the system.

President Martín Vizcarra convened Congress into a special session concerning the removal of all seven counselors on 20 July 2018. Congress removed all seven Counselors by a unanimous vote. The National Council was declared in emergency for nine months a week later. Most of the Council's personnel was dismissed, the Council's organic law was revoked, and all processes being considered by the Council were put on hold.

During his yearly message to Congress, President Vizcarra, called for a new Constitutional amendment which would change the composition of the Council as well as the requirements to become a counselor. He also asked that all appointments and ratification done by the council in recent years be revised.

The Constitutional Amendment proposed by the Executive branch brought down the number of counselors from 7 to 5. It also proposed that counselors would be appointed by a special committee made up of the President of the Judicial Branch, the Prosecutor General, the President of the Constitutional Tribunal, the Ombudsman, and the Comptroller General. Further, Counselors would have to be licensed lawyers with at least 30 years of experience and of good reputation. The President asked that the proposed Constitutional changes be ratified by the people via referendum.

The final amendment as approved by Congress maintained the number of counselors at 7 as well as the composition of the committee as proposed by the Executive branch. The amendment was ratified by the population as the first of four Constitutional amendments voted for in the 2018 Peruvian constitutional referendum. Also, the amendment changed the name of the Council to the National Board of Justice.