Glossary entry

Spanish term or phrase:

cambio de magistrado [México]

English translation:

replacement of a judge

Added to glossary by Joshua Parker
Aug 30, 2018 06:05
5 yrs ago
Spanish term

cambio de magistrado

Spanish to English Law/Patents Law (general) UN report
"el incidente de libertad por desvanecimiento de datos fue impugnado por el Ministerio Público, y se encuentra suspendido por el momento debido a un cambio de magistrado".
UN report on human rights violations/right to a fair trial and arbitrary detention in Mexico (Sinaloa).
If I understand correctly "magistrados" are senior judges in Mexico. Justices?
Target: U.S. English.

Discussion

Sandro Tomasi Aug 30, 2018:
@Joshua My understanding is that magistrados in Mexico are appellate judges, not senior judges, and that ministros are supreme-court justices.

Notwithstanding, even some legal professionals mix up the two, while others try to flatter a trial court judge by calling him or her a magistrado/da. There is also another type of use which takes into account that a magistrado is <I>toda persona que forma part de la magistradura (the bench).

Proposed translations

+4
1 hr
Selected

replacement of a judge / justice // replacement of one of the judges / justices

A "magistrado" is in effect a senior judge in that it means a judge of a collegiate court, rather than a single-judge court, and the former are generally higher courts.

"magistrado s
1 (Der) Funcionario judicial que forma parte de un tribunal colegiado: magistrado del tribunal superior"
http://dem.colmex.mx/moduls/Default.aspx?id=8

You could reflect this by putting "a judge" or "one of the judges".

I would be inclined not to use "change of judge", since in the US this strongly implies recusal of a judge in a lower court. We don't know whether this was recusal, misconduct or indisposition. I think "replacement" would be better.

As to whether to use "judge" or "justice", I think you could do either. In the SCOTUS, the judges are called justices, and also in some state supreme courts and federal appellate courts, but not all. However, on balance I think I would probably use "justice" in a translation for the US.

The following document, on Massachusetts appellate procedure, uses both:

"170
(b) Replacement of Justices. If a justice who has participated in a case becomes unable to participate further, then the Chief Justice of the appellate court may substitute another justice."
"This text allows for the replacement of a justice should that justice become unable to participate in the case.
"The new text is more clear and allows for the replacement of a judge should that judge become unable to participate in the case. This is current practice, and these amendments make it clear that judicial substitutions may be made as needed."
http://www.mass.gov/courts/docs/sjc/invitations-to-comment/p...
Peer comment(s):

agree neilmac
15 mins
Cheers, Neil ;-)
agree AllegroTrans : or just "change of judge"
1 hr
Thanks, Chris. Logically, yes, but as I say above, "change of judge" is a standard formula in the US for an application for disqualification/recusal of the judge in lower courts, so it would convey the wrong impression in a translation for that target.
agree Sandro Tomasi : Good caution between "replacement" and "change."
14 hrs
Thanks, Sandro :-) Glad you agree about that.
agree Victoria Grasso
16 hrs
Thanks, Victoria :-)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "In this context, they are indeed appellate judges. In fact, the text goes on to say: "Dado que la apelación fue presentada por la Fiscalía más de dos años atrás, parece extraordinario que esta no haya sido resuelta mediante, por ejemplo, la designación de otro magistrado". Good call on change/replacement. Thanks. "
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