Senator appeals ruling that barred him from seeking documents on closing of 229 cases by Justice Dept.

Sen. Luis Javier Hernández Ortiz

By THE STAR STAFF

Senate Minority Leader Luis Javier Hernández Ortiz of the Popular Democratic Party filed an appeal before the Puerto Rico Court of Appeals on Monday, seeking to overturn a lower court ruling that barred him from demanding details on 229 cases recently closed by the island Department of Justice.

The senator is asking the appellate court to review a decision by the Court of First Instance that found he lacked standing to request information about cases archived by the Division of Public Integrity and Comptroller Affairs.

Hernández Ortiz said the ruling sets a troubling precedent for government transparency.

“This appeal seeks to reverse a judgment that concluded this senator had no standing to go to court to demand information on cases closed by the Division of Public Integrity and Comptroller Affairs,” he said. “That is a harmful precedent given the importance of transparency in public administration.”

The dispute dates back to May, when Hernández Ortiz formally requested a list of cases closed by the division. Justice Department officials declined to provide the information, prompting the Senate to unanimously approve a motion giving the agency 24 hours to comply. The motion also authorized Hernández Ortiz to pursue legal action if the department failed to deliver the documents.

“Our request is simple: that the appellate forum review the lower court’s determination,” he said. “We disagree with it, and we believe it is legally incorrect. The Senate empowered us to appear and assert our prerogatives.”

The senator, who is also an attorney, argued that the trial court’s interpretation of Article 34‑A of the Political Code would effectively prevent minority legislators from defending their constitutional rights. He said Judge Anthony Cuevas Ramos’ decision implies that a minority senator would need the Senate president to personally bring such claims to court.

“That minimizes the rights of minority legislators, which are recognized in Section 7 of Article III of the Constitution,” Hernández Ortiz added.

He also tied the issue to broader concerns about government accountability, noting that recent events in the executive branch make it even more urgent for the Senate to scrutinize the Justice Department’s handling of corruption cases.

“For the past year and a half we have denounced the failures of this administration,” Hernández Ortiz said. “We reaffirm it: we are facing a flood of corruption whose operations center is La Fortaleza. Justice has closed 229 cases -- why, and based on what analysis? Those questions can only be answered if the Department of Justice acts with transparency.”

The senator confirmed that the Office of the Solicitor General has been notified of the appeal and that the case will be reviewed by Panel XI of the Court of Appeals.

“This is easily resolved by applying the concept of transparency seriously in government decisionmaking,” he said. “We are firmly committed to that principle.”