If one were to answer the question posed by the title of this column from a purely theoretical point of view, without considering the biased historical political reality of Puerto Rico’s Supreme Court, the answer should be, «Yes, it was wrong!»

However, if we look at how Supreme Court justices were appointed, and their political orientation since 1941, when Luis Muñoz Marín first gained control of the appointments, we will have second thoughts about past political bias.

In the years since the Popular Democratic Party (PDP) won in 1940 and Muñoz Marín became president of the Senate, which at the time was the highest elected political office in Puerto Rico, the attorneys appointed to the Supreme Court by former PDP Govs. Muñoz Marín, Roberto Sánchez Vilella, Rafael Hernández Colón and Sila M. Calderón were all strong supporters of the «commonwealth status,» elected officials or politically active with the PDP, or former aides or campaign managers to the appointing governor.

Obviously, with such a partisan, politically oriented group of Supreme Court judges, the court’s decisions involving political issues were always favorable to the PDP and/or the «commonwealth status,» vis-à-vis «statehood.»

One of the most glaring examples of politically motivated decisions by the PDP-controlled Supreme Court was the infamous «pavasos» decision on the results of the 1980 elections where the «X» voting marks were made outside the ballot margins, but above the PDP column. The decision overruled electoral laws that stated any «X» or other mark outside the ballot margins is null and void. However, because all the marks outside the margin were above the PDP column, they were declared valid.

This incredibly erroneous decision gave the election of two representative districts to the PDP candidates, thereby granting them the majority in the House of Representatives and the speaker’s position. As a result, I had to govern with both the Senate and House under PDP control.

Another infamous Supreme Court electoral decision validated a ballot with more votes («Xs») on it than candidates. I know of no other jurisdiction in the U.S., or elsewhere, in which three votes for two candidates have been accepted as valid. That decision is contrary to all known electoral laws or rules.

Many other political decisions have been made by the PDP-controlled Supreme Court that favored their party. One of the latest examples is the court’s decision on the Sales & Use Tax. According to all previous tax decisions in Puerto Rico and the U.S., all laws imposing taxes must be interpreted restrictively against the government and liberally in favor of the taxpayer. The 7% imposition was against the rule of law. The highest tax specifically mentioned in the law is 52%. Nowhere in the law is a 7% tax even mentioned. In the committee’s memorandum accompanying the bill for consideration, the committee said the Sales & Use Tax was a 4% state tax and 1.5% municipal tax. The 7% tax imposed by the Supreme Court was what Gov. Acevedo Vilá had wanted.

I know of no political issue decided by the Supreme Court, since Chief Justice Luis Negrón Fernández retired, that hasn’t been against statehood or the New Progressive Party and in favor of the PDP.

Of all the chief justices appointed by PDP governors, two of them have been campaign directors for Hernández Colón. One directed his 1972 campaign. The current chief justice, Federico Hernández Denton, also directed a campaign. A third chief justice, José Andreu García, was attorney for the PDP in the infamous «pivazos» case. A fourth chief justice, José Trías Monge, was Muñoz Marín’s preferred lawyer for all political issues and was the legal architect, together with Abe Fortas, in the design and drafting of legislation and legal opinions establishing the «commonwealth» status.

Chief Justice Hernández Denton, who has been very close to Hernández Colón not only in government but also politically, now claims he doesn’t act nor has he ever acted with political motivation. However, not only have his court decisions been politically motivated, but also his administration of the judicial system has clearly been motivated by politics.

One way to determine whether he has been politically motivated in carrying out his duties as the judicial system’s overseer are his appointments. So, let us see who he appointed to help him direct and administer the system.

In the first place, Sonia Vélez, who is definitely a PDP affiliate, was appointed director of the Judicial System Administration. To help Vélez in the administration of the system, which is made up of 13 regions, 13 administrative judges are appointed, to wit:

1. In the Aguadilla region, Judge Miriam Santiago Guzmán was nominated by former Gov. Pedro Rosselló on July 9, 2008.
2. In the Aibonito region, Judge Rafael E. Taboas was nominated by Calderón.
3. In the Arecibo region, Judge José R. Negrón Fernández was nominated by Acevedo Vilá.
4. In the Bayamón region, Judge Raquel Irlanda Blasini was nominated by Calderón.
5. In the Caguas region, Judge Sigfredo Steidel Figueroa was nominated by Calderón.
6. In the Carolina region, Judge Alberto Pérez Ocasio was nominated by Calderón.
7. In the Fajardo region, Judge María Inés Cartagena Colón was nominated by Calderón.
8. In the Guayama region, Judge Lind Merle Feliciano was nominated by Acevedo Vilá.
9. In the Humacao region, Judge Rafael Vissepó Vázquez was nominated by Rosselló.
10. In the Mayagüez region, Judge Aixa Rosado Pietri was nominated by Rosselló.
11. In the Ponce region, Judge Nereida Cortés González was nominated by Calderón.
12. In the San Juan region, Judge Isabel Llompart Zeno was nominated by Calderón.
13. In the Utuado region, Judge Lissette Vélez Morales was nominated by Calderón.

As we can see, out of 13 judge administrators, eight were nominated by Calderón to be appointed judges. It was precisely Calderón who appointed Hernández Denton as chief justice.

Out of 13 administrator judges, 10 were appointed by PDP governors and only three by a New Progressive Party governor.

It is very difficult to believe that if 10 out of 13 administrator judges were nominated by Calderón and Acevedo Vilá and only three by a statehood governor that the overwhelming PDP opponents are a mere coincidence and not politically motivated.

This is particularly the case when the only administrative judge of the Court of Appeals, appointed by Hernández Denton, is Judge Luis Rivera, another Calderón appointment in 2004. Out of 14 administrator judges, two were nominated by Acevedo Vilá and nine were nominated as judges by Calderón, who also appointed Hernández Denton as chief justice. It is very difficult to believe that the lopsided political appointments of 10 out of 14 administrator judges hasn’t been politically motivated. Let us judge Hernández Denton by his deeds, not by his words.

The appointment of attorneys to the Supreme Court, who also advocate for Puerto Rico’s statehood, isn’t improper. In fact, it was a matter of unavoidable justice because all PDP governors have controlled the Supreme Court’s political orientation by making politically motivated appointments. Finally, after 58 years of judicial abuse, using the courts to take political advantage, we are putting a stop to it. And that is justice!

Carlos Romero Barceló is a two-term former governor of Puerto Rico (1977-84), a two-term former resident commissioner (1993-2000) and a two-term former mayor of San Juan (1969-78). He was president of the New Progressive Party for 11 years. He is now a consultant involved in real estate, doing business as CRB Realty. His email address is rbarcelo@prtc.net. Comments on this article are welcome at caribbeanbusiness.pr. Go to the Sign in link on the home page to participate. Emails also may be sent to column@caribbeanbusinesspr.com.