Elba Rosa Rodríguez-Fuentes
Elba Rosa Rodríguez-Fuentes was born in Havana, Cuba on April 27, 1948. She left Cuba in 1966 and moved to Puerto Rico, where she settled, married, and had two children. She obtained a bachelor's degree in Mathematics Education, a master's degree in Administration and Supervision, and a juris doctor degree, all at the University of Puerto Rico, Rio Piedras campus. She graduated with honors from each of her degree programs.
Ms. Rodriguez began her law career as a law clerk at the Supreme Court of Puerto Rico (1981–1982). After that, she worked in private practice in local and federal courts. Among her career highlights, was her close working relationship with the Puerto Rican lawyer Lino Saldana, former judge of the Supreme Court of Puerto Rico. She specialized in civil rights litigation and personnel affairs (e.g., Estrada-Izquierdo v. Aponte-Roque[1]).
Among the court cases that she successfully represented before the court of appeals for the first circuit in Boston Elba Estrada-Adorno v Jose R. Gonzalez et al. 861 F.2d 304 [2] No. 88-1282* is noteworthy. In Estrada-Adorno v Gonzalez et al. the court decided that "in a case such as this one, where a plaintiff asserts that a government official has subjected her to 'the deprivation of any rights, privileged, or immunities secured by the constitution and laws' 42 U.S.C. section 1983, the official enjoys a 'qualified immunity' from liability for damages. He is immune unless, at the time he took action, the right at issue was clearly established ... Here, we can find no clearly established federal right not to be dismissed for refusing to use political affiliation as a criterion for hiring Bank employee."
As a public servant she was director of the Office of Legal Services of the Department of Education and senior vice president of the Government Development Bank of Puerto Rico.
She served as an advisor to Rafael Hernández Colón in the area of government (1990–1992). During this time she gained experience and knowledge of Puerto Rico's government. At the end of her term at Fortaleza she was appointed superior judge to the Superior Court of Ponce. She served in the judiciary as both civil and criminal judge and also as an administrator of the regions of Ponce (1993–1998) and Carolina (1998–1999).
During her judicial career, some of Rodriguez's judgments established jurisprudence. For example, Pueblo v. Juan Carlos Jimenez-Cruz 98 TSPR 76[3] where the Supreme Court of Puerto Rico decided that the general jusridiction court acted correctly when it denied a motion for dismissal filed by Jimenez-Cruz under the dispositions of rule 64P of the criminal procedures. The case was dismissed because at that moment the prosecutor had not filed his charges.
Rodriguez served in 2001 as Governor Sila Calderón's Chief Legislative Assistant. In 2002 she was appointed by then Senate President Antonio Fas Alzamora and Speaker Carlos Vizcarrondo as Director of the Office of Legislative Services of Puerto Rico,[4] a post she held until 2004.
She served as the president (2006–2007) of the Special Independent Counsel Panel of Puerto Rico, which reviews the Puerto Rico Attorney General's recommendations regarding the appointment of Special Independent Counsels to investigate and prosecute high-level public officials. Members of the SIC Panel wield greater power and influence than judges, thus requiring not only the confirmation by the Senate that judges require, but confirmation by the House of Representatives as well. The only other positions requiring joint confirmation under the Constitution and laws of Puerto Rico are the Secretary of State, who also serves as Lt. Governor, the Comptroller, the Director of the Ethics Office and the Ombudsman. Her nomination by Governor Aníbal Acevedo Vilá required confirmation by the Senate of Puerto Rico, as well as the House of Representatives of Puerto Rico. She initially failed to obtain House confirmation but was renominated until finally confirmed by the House after repeatedly obtaining Senate confirmation. Prior to her joint legislative confirmation, she served as an advisor to the mayor of Ponce, Puerto Rico, Francisco Zayas Seijo, a fact that surfaced as a bone of contention during the House's initial refusal to confirm her.
Rodriguez has two children, Manuel A. Domenech and Melanie M. Domenech.[5] Manuel is an industrial engineer. He has bachelor's (Engineering) and master's (Business Administration) degrees from Rutgers University. Melanie is a professor and psychologist. Melanie also completed her undergraduate education at Rutgers University and a master's and doctoral degree at Colorado State University.
*This case was presented with atty Manuel Alvarado and honorable Hector Rivera Cruz, Secretary of Justice.
References[edit]
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