P.R. Laws tit. 32, § 3087

2019-02-20
§ 3087. Determination of legal representation; judicial review

The Secretary of Justice shall determine in which cases the Commonwealth shall assume legal representation and, subsequently, after considering the findings of the court or which arise from the evidence presented, he shall determine whether it is in order to pay the full judgment imposed on the public officials, ex-officials, employees or ex-employees sued, pursuant to the provisions of §§ 3085-3092a of this title.

Nevertheless, if before acting or failing to do so, the official, ex-official, employee or ex-employee requested the Secretary of Justice to render an Opinion to such effects and his action or omission was performed according to the terms thereof, the Commonwealth may not deny or withhold legal representation from such persons or refuse the total payment of the judgment imposed.

The Secretary of Justice shall notify the decision to provide legal representation within thirty (30) days after having received the corresponding petition.

The petitioner may file a petition for review of an adverse decision of the Secretary of Justice before the Court of First Instance within fifteen (15) days following receipt of the notice.

After the petition for review is filed, if the writ is issued to that effect, it shall be the duty of the Secretary of Justice to refer the record of the case, within fifteen (15) days following the issuance of the writ. The review before the Court of First Instance shall be limited exclusively to questions of law.

In order to protect the defendant’s right to a timely appearance in court, the Secretary of Justice may request additional time to make a determination on the petition presented to him.

History —June 29, 1955, No. 104, p. 550, added as § 14 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 2.