The Judicial Disciplinary Commission in Norte de Santander determined that the official failed to comply with various rules in the middle of the procedure
Judge Vivian Polania was suspended after the leak of the videos of the hearing, where she was half-naked and smoking a cigarette.
A few days ago, Judge Vivian Polanía became news because after a hearing an image went viral in which it can be seen that while she was preceding the virtual legal process she was half-naked and smoking. The fact became so widespread that the Judicial Disciplinary Commission, in Norte de Santander, opened an investigation against her to prove if she committed disciplinary offenses and on November 22 determined that the judge will be temporarily suspended.
“(The courtroom) provisionally suspends Dr. Heidy Vivian Polanía Franco from the position of first municipal criminal judge with the function of controlling warranties in Cúcuta, for the term of (3) months in accordance with part motivates”, reads the document.
According to the 16-page ruling, the decision was made after determining that the way in which the judge was seen was not adequate for the exercise that she was exercising, since she did not respect the parties involved in the process and did not comply with the dress code that must be used by the judges in these processes.
“Such a factual situation is not compatible with the care, respect and circumspection with which a judge of the republic must administer justice, denoting a clear lack of respect from the official both for her own public investiture and respect for the people who intervened in the hearing. ”, the Commission noted.
In addition, they questioned the fact that the official had not turned on the camera, as has been suggested to the judges who carry out proceedings through virtual hearings: “Was the official in the noted circumstances, so, from the beginning of the audience, until, apparently, he inadvertently activated his camera? Almost an hour after the start of the development of the stagecoach? Does she use to conduct hearings for her in similar circumstances?”.
Image of the hearing where Judge Polania appears half-naked
Let us remember that on February 21, 2021, the Superior Court of the Judicial District of Cúcuta had issued circular 002, in which it is recommended, both to judges of the Republic, and to the prosecuted subjects, to keep the cameras on in all judicial proceedings. “(…) through which the President of the Criminal Chamber of the Corporation recommends the opening of the camera during the virtual sessions for both Judges and Procedural Subjects”, indicates the document issued by the court.
On the other hand, the document recalls the importance of the case that Polanía was carrying out at that time and determines that the judge did not delve into the arguments of the defendant's defense: “The origin of the freedom of a person prosecuted for the notorious public fact, such as the recent attack with explosives inside the facilities of a military brigade in Cúcuta, the court is questioned: how does the judge prepare the presentation of a hearing of similar characteristics? the case.
For her part, the official had spoken a few days ago about the incident and assured, for Semana magazine, that since she arrived in Cúcuta she has been criticized for her physical appearance and the clothes she wears.
“I got some changes in my body that are also discipline and I fell in love with CrossFit. Obviously, one changes, I put on dresses, it was more of a hassle. The people who loved me told me 'doctor, your photos', noo, what a shame with you. I tried, really buying dresses according to what people wanted in the palace. Ayy, I didn't resist!”, he noted for the Colombian outlet.
In this sense, he expressed his disagreement with the aspirations of the people regarding how a judge should look in the middle of an audience, as he assured that it is uncomfortable to follow certain types of stereotypes.
“I got tired of pleasing people over my peace of mind. In the Palace of Justice there are not enough rooms to hold the hearings and I have an impressive amount of work, I do them in my offices, and my dresses got tangled in the chair. Dresses that were worth a lot of money”, added Vivian Polanía.