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House adopts amendment to civil‑procedure rule on attorney disqualification after questions over separation of powers
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Summary
Proyecto de la Cámara 171, amending Rule 9.3 of Puerto Rico civil procedure to add factors courts should consider when ruling on attorney disqualification, passed the House amid debate about judicial independence and whether the legislature can codify existing jurisprudence.
Representative Torres Zamora introduced Proyecto de la Cámara 171, which adds criteria to Rule 9.3 of the Puerto Rico Rules of Civil Procedure governing when a court should consider disqualifying an attorney. Proponents said the bill codifies existing Supreme Court jurisprudence and clarifies due‑process protections; opponents said it risks legislative intrusion into judicial procedures.
On the floor, Torres Zamora said the amendment compiles “lineamientos y unas guías” established by the Supreme Court and that both the Department of Justice and the Bar Association supported the measure. He noted a committee change adopted during review requiring that before resolving a motion to disqualify counsel, courts “dar la oportunidad a la parte afectada de presentar prueba en su defensa en cumplimiento con el debido proceso de ley.”
Representative Varela Fernández objected on separation‑of‑powers grounds, arguing the bill intervenes in the judicial branch’s regulation of the legal profession and the courts’ internal procedures. He referenced prior votes in earlier four‑year terms when he opposed similar proposals.
Representative Márquez Lebrón and others asked whether the bill responds to an actual uptick in disqualification filings or is primarily a codification of case law; Torres Zamora said the measure aims to provide clarity and procedural safeguards rather than create a new cause of action.
The House approved the measure as amended by voice vote and later in final recorded voting the bill passed 36–10. Floor debate stressed that the bill’s purpose was to make explicit existing jurisprudential factors and to ensure due‑process protections before a disqualification ruling.
Ending: Proyecto de la Cámara 171 passed the House and was transmitted to the Senate; critics cited constitutional and separation‑of‑powers concerns even as supporters characterized it as procedural clarification.
