838.00/2367: Telegram

The Chargé in Haiti ( Gross ) to the Secretary of State

85. Department’s 50, July 23, 2 p.m. President Borno states that he does not contemplate that amendments to [amendment] 8 shall permit the President to remove judge before the expiration of his term. The President further states that impeachment is the only way a judge could be removed before the end of his term. The President further confirms the above and suggests that after the changes in the Constitution have been made it would be proper to enact a law providing for the removal of judges for incompetency, neglect of duty or physical disability; decision in the premises to be arrived at by the Superior Council of Magistrates which under the law of May 12, 1920, now has the power of supervision only.

Eleven judges of Cassation.

Judge Strong states that the word “forfaiture” in articles 100 and 101 of the French text of the Constitution does not cover all cases for which impeachment proceedings would be entertained against any [Page 65] judge. He states that “forfaiture is defined in the Larousse legal dictionary as being ‘every crime committed by a public officer in the discretion of his duties’ and therefore refers only to crime in office”.

Regarding amendment 8, the Department may desire that I ask President Borno to add to that amendment the provision that a judge once nominated by the President cannot be removed before the end of 5-years term except by impeachment for cause.