Judiciary initiates proceedings that could dismiss suspended psychologist

The Legal Department of the Judiciary published in La Gaceta — Official Gazette No. 166 on Thursday, September 3, 2026, the resolution initiating an ordinary administrative procedure against psychologist Stephanie Zárate Mata, ID 01-1397-0014, for the loss of an essential condition for her position. The process, ordered by the Superior Council of the Judiciary, could culminate in the dismissal of the public servant, as provided in numeral 28, subsections 3 and 4, of the Organic Law of the Judiciary (LOPJ). The resolution, dated 2:00 p.m. on May 6, 2026, corresponds to administrative file No. 26-000002-2010-DI and is published for the third time in accordance with article 241, subsection 4, of the General Law of Public Administration (LGAP).

Origin of the procedure

The case dates back to April 6, 2026, when the College of Psychology Professionals of Costa Rica (CPPCR) informed the Human Resource Management Department of the Judiciary that, through resolution TH.N°05-IV-07-2021 dated April 5, 2021, from its Honor Tribunal, Zárate Mata was suspended from the practice of her profession until October 19, 2029. Based on this precedent, the Superior Council of the Judiciary agreed in sessions 26-2026 (April 9, 2026, article LXII) and 28-2026 (April 16, 2026, article LI) to initiate the procedure and, in session 30-2026 (April 21, 2026, article XLVIII), appointed lawyer Roberth Fallas Gamboa as the directing officer.

Imputed charges

The public servant, appointed as a permanent employee since December 16, 2023, in position No. 360078 as Professional 2 of the Psychology Area of the Victim Assistance Office, faces the following charges:

• Her appointment and substantive functions are directly linked to the practice of the profession of Psychology.
• She is suspended from professional practice until October 19, 2029, which implies the loss of an essential condition for the position.
• Said suspension makes her inadequate and unfit for the performance of the position.

The Superior Council had already agreed, in session 28-2026, to suspend the official with pay for three months starting April 20, 2026, while the process is conducted.

Legal basis

The procedure is based on article 192 of the Political Constitution, which establishes the principle of suitability for public officials, as well as articles 83 of the LOPJ and 308 to 319 of the LGAP. The Constitutional Chamber, in judgments 01960-2010 (January 29, 2010) and 38978-2025 (November 21, 2025), has defined that the temporary loss of a legal qualification constitutes an objective cause for the termination of appointment, without this having a disciplinary sanctioning nature.

Deadlines and appeals

Zárate Mata is granted a maximum period of fifteen business days, counted from the business day following the communication, to submit in writing their allegations, exculpatory evidence, and legal grounds. Ordinary appeals may be filed against the act, which must be lodged within twenty-four hours following the final notification, pursuant to articles 345 and 346 of the LGAP.

The resolution, signed by legal advisor Roberth Fallas Gamboa, orders its publication three consecutive times in the Official Gazette. The outcome of the case will determine whether the loss of professional certification, valid until 2029, justifies the dismissal of the official or if another measure is appropriate within the framework of the principle of suitability that governs the Costa Rican public service.

Source: La Gaceta — Official Gazette, No. 166, Thursday, September 3, 2026, pp. 193-195 (official reference: IN202601114920).