The Supreme Court of Justice of the Nation implements a mechanism that allows for the calling of substitute judges in case of a lack of unanimity among the judges to avoid the paralysis of their activity. Following the retirement of Juan Carlos Maqueda at the end of last year, a fast procedure was established to summon these substitute judges, as the Court requires three coinciding votes to issue a ruling.
The list of substitute judges is made up of presidents of various chambers, such as the Federal Criminal Cassation Chamber, the National Electoral Chamber, the Chamber of Appeals in Federal Criminal and Correctional Matters, among others. It also includes heads of Federal Courts of Appeals from different cities across the country, except for the national chambers of commercial, labor, civil, and criminal jurisdiction in the City of Buenos Aires.
In case none of the aforementioned judges can be part of the court, a lawyer is drawn by lot with prior agreement from the Senate. This Thursday, the Supreme Court will formally begin the judicial year 2025 with the deliberation of its current members Horacio Rosatti, Carlos Rosenkrantz, and Ricardo Lorenzetti.
Article 22 of Decree-Law 1285/58, amended by Law 23.498, establishes that in cases of recusals, excuses, vacancies, or leaves of absence of judges, the Court is made up of substitute judges appointed by lottery among the presidents of the federal chambers. It is important to note that the lists of these substitute judges have expired, so it may be necessary to update them in the short term.
