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Last Minute

New Federal Judge Candidate in PR Closely Linked to UPR Strike (document)

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The vacancy left by former Judge Jose Antonio Fuste in the Federal Court could be filled by lawyer Raúl Arias Marxuach, known for his work in the firm McConnell & Valdes, and for leading cases such as UPR vs Laborde from the plaintiff side.

The lawyer was nominated in early May by Resident Commissioner in Washington Jenniffer González Colón.

‘I nominated him. He’s very professional, he leads one of the litigation departments at a local firm, he’s conservative, and his character is impeccable. He is a world-class professional who meets the requirements,’ the resident commissioner told us.

Arias Marxuach leads the litigation area of the renowned McConnell & Valdés firm. In 2010, he worked as attorney for the University of Puerto Rico (UPR) during a legal dispute caused by the student strike. Back then, Arias Marxuach and María Luisa Álvarez Sánchez, representing McConnell Valdés, replaced Jorge Pérez Díaz and Fernando Collazo, from the Pietrantoni, Méndez <><><><><><><><><><><><><><> Álvarez firm, who had been managing the case from the start./p

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During the process, Arias Marxuach and Álvarez Sánchez requested a direct intervention from the Supreme Court in the UPR case against 21 students from the institution’s Río Piedras campus./p

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In case 2010 TSPR 225, UPR vs Laborde Torres, the court resolved—supported by Arias Marxuach’s arguments on behalf of the University—that students do not have the right to strike, and that a ‘student strike vote’ holds no legal power to force students not supporting the strike to join it by blocking the entrances. The court also ruled that the university’s administration has legal power to limit the form, manner, and place in which student protests are held./p

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According to González Colón, the lawyer is currently undergoing a vetting process from federal agencies./p

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‘He’s under federal investigation, and he will eventually be evaluated by the president. I have submitted several candidates, and he’s one of them, but he is the candidate I support. There will be other vacancies, so he is the one I’m supporting right now,’ González Colón added./p

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The lawyer is also known for representing Carlos Albizu University (CAU) in a dispute where its former president, Ángel Collado Schwartz, was the focal point, along with the former presiding judge of the Supreme Court, Federico Hernández Denton./p

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Besides, Arias Marxuach has also written, from the beginning, several articles about the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), as a guide to learn about and deal with Title III./p

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According to British publication Chambers <><><> Partners, he is ranked as one of the most prominent lawyers in the field of conflict resolution. The guide for the best lawyers in Puerto Rico has also ranked him as one of the best in Civil Rights./p

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If he were to fill the post, Arias Marxuach would be joining another eight active judges in the Federal Court: Salvador E. Casellas, Daniel R. Domínguez, Jay A. García Gregory, Aida M. Delgado-Colón, Gustavo A. Gelpí, Francisco Augusto Besosa, and Pedro Alberto Delgado Hernández./p

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