Panama | The Adjunct Judge as a Judicial Assistant
The enactment of the new Civil Procedure Code of Panama through Law 402 of October 9, 2023, represents a complete transformation of the civil jurisdiction, turning it 180 degrees. It introduces a mixed procedural system in which oral proceedings and written submissions coexist, aiming to address the outdated and ineffective procedural framework that has caused alarming judicial delays, with some cases lingering in the courts for over 10 years.
The main innovations in this new Civil Procedure Code include the implementation of oral proceedings, the unification of procedural timelines, and the shift from an "invisible” judge, with no direct involvement in the proceedings, to an active judge responsible for driving the process forward.
In other words, the system moves from procedural inactivity to a continuously expedited process, where first-instance judgments must be issued within a maximum period of 1.5 years in second instance, except in cases where the parties agree to a three-month extension.
Furthermore, the new civil procedure eliminates outdated and ineffective formalities and ceremonial practices that, according to the drafters themselves in public statements, had no real purpose and even violated the right to effective judicial protection - that is, access to justice.
Ineffective formalism gives way to a focus on the substantive law invoked and the resolution of claims, with the discussion condensed into the innovative preliminary hearing, which may even bring the process to a conclusion.
Undoubtedly, litigants welcome this new procedure, which will come into force on October 9, 2025. Courts must strengthen it through case law as they apply it in practice.
One of the most notable innovations is the introduction of the Adjunct Judge, a role that facilitates the acceleration of the civil process. This figure addresses judicial delays and creates a more dynamic operation within civil courts. Unlike the Court Secretary, the Adjunct Judge is not an administrative position.
The Adjunct Judge is assigned specific procedural duties. While not a "relief judge” in the traditional sense, the Adjunct Judge is a natural judge whose powers and responsibilities are established in the Civil Procedure Code. This ensures that the parties’ claims are processed efficiently, as the role is fully jurisdictional rather than merely symbolic.
Functions and Duties of the Adjunct Judge
In the new Civil Procedure Code of Panama, while the Adjunct Judge is not the principal judge of the case, they have important responsibilities, especially regarding precautionary measures (interim relief). This helps relieve the decision-making burden of the main judge, who focuses on substantive issues.
According to Article 54 of the Civil Procedure Code, the Adjunct Judges shall have jurisdiction, concurrently with the trial judge, over the following procedural actions:
- To order and enforce precautionary measures, such as seizure of property and provisional suspension of activities.
- To rule on requests for lifting precautionary measures at the time of enforcement.
- To resolve objections to precautionary measures raised during enforcement.
- To hear and decide on precautionary measures requested by the prevailing party in a contested judgment.
- To handle enforcement proceedings of judicial decisions.
- To assist trial judges in the enforcement of precautionary measures.
- To execute precautionary measures requested by arbitral tribunals.
- To assist courts in handling official communications, commissions, letters rogatory, and other judicial cooperation requests.
- To assist trial judges in carrying out and fulfilling specific procedural tasks within a case - this makes the Adjunct Judge a key innovative actor in the new system.
Practical Examples in Panama:
- A supplier sues a client for USD $300,000 and requests the seizure of machinery as collateral. The Adjunct Judge can immediately order this measure and resolve objections on the spot.
- An individual wins a final judgment for debt collection, but the debtor refuses to pay. The Adjunct Judge initiates the enforcement process and orders the seizure of bank accounts.
- An arbitral tribunal issues an urgent order to prevent asset transfers. The Adjunct Judge promptly executes the order, giving effect to the arbitral decision.
- In courts with a high volume of cases, the Adjunct Judge may handle preliminary or precautionary hearings while the trial judge addresses more complex matters.
The Adjunct Judge operates based on a new substantive norm outlined in Article 333 of the Civil Procedure Code, which establishes the procedural requirements for precautionary measures. This rule allows the judge to apply sound judicial reasoning to assess whether a claim is legally valid, as well as the effectiveness and proportionality of the requested measure, even considering the application of a less burdensome alternative.
This means the Adjunct Judge must possess coherent legal reasoning and sound judgment.
The Adjunct Judge plays a key role in eliminating abusive practices, particularly the previously common misuse of precautionary seizures, which often placed respondents at a severe procedural disadvantage.
This change is crucial because the Adjunct Judge must weigh the motives of the party requesting the seizure and those of the opposing party, leading to a reasoned and balanced decision — in stark contrast to the former system, where such seizures were often granted automatically, without judicial intervention.
Adjunct Judges have jurisdiction over precautionary measures and once executed, must refer the case back to the competent court. Moreover, the Adjunct Judge must resolve requests for seizure within a maximum of three days from their submission to the court.
This authority, granted to both Adjunct Judges and Trial Judges (depending on the case), exemplifies the role of this new judicial figure in redefining the purpose and spirit of a procedural tool that had been misused for decades.
WHERE ADJUNCT JUDGES WILL OPERATE
The Full Bench of the Supreme Court of Justice will determine the judicial districts in which Adjunct Judges will operate, as well as their number, based on the needs of the service and the volume of cases to be managed.
In districts where Adjunct Judges are not appointed, responsibilities such as precautionary measures, enforcement of judicial decisions, and other procedural actions falling under the Adjunct Judge’s jurisdiction will instead be handled by the competent court of the district.
The introduction of the Adjunct Judge in the new Civil Procedure Code of Panama represents a commitment to renewing civil justice, whose previous structure failed to meet societal needs and whose legal framework allowed serious violations of the principles guiding access to swift justice.
This reform also requires a shift in mindset for civil judges, who must move from a rigid system to the constitutionalized civil process - another innovation of the Civil Procedure Code - where fundamental guarantees, previously undervalued, are now upheld.
Civil procedure provisions are grounded in the constitutional principles, guarantees, and values that must guide all judicial actions.
The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.