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El Ciudadano

Original article: Abogado defensor de Alcalde de Collipulli participó en fallo favorable al Municipio manteniendo representación activa de la autoridad

The background presented to the General Comptroller’s Office has raised concerns regarding the standards of impartiality within the judicial system of La Araucanía, particularly due to the overlapping roles of attorneys practicing privately while also participating in judicial proceedings.

At the center of this case is attorney Fernando René Cartes Sepúlveda, who, according to reviewed documents, acts as the defender of Collipulli’s mayor, Manuel Jesús Macaya Ramírez, while serving as an attorney member of the Appeals Court of Temuco. The mayor’s representation is confirmed in a constitutional unconstitutionality action submitted to the Constitutional Court, where the attorney appears directly on his behalf in the context of the removal process faced before the Regional Electoral Tribunal of La Araucanía.

The critical issue lies not only in the content of the ruling issued by the court but also in the coexistence of roles. According to the available information, the attorney participated in the discussion, agreement, and drafting of a resolution that favored the Municipality of Collipulli while maintaining an active professional relationship with the mayor heading that same entity.

This situation does not automatically imply an infraction, but it does raise significant questions about judicial impartiality, especially when private relationships coexist with public duties within the same institutional environment. Additionally, it is important to note that the mayor’s defense is not limited to a single case, but spans various ongoing judicial processes, amplifying the implications of this overlap of roles.

The context of this crossover is particularly sensitive. Case Role No. 35-2025 from the Regional Electoral Tribunal seeks to determine the potential removal of the mayor due to alleged notable abandonment of duties. This tribunal included, among others, Luis Egisto Mencarini Neumann, in a concurrent process that could directly affect the continuation of the municipality’s primary authority.

Documentation indicates that this case does not involve a single actor. An official certificate from the Civil Registry verifies that Luis Egisto Mencarini Neumann is the father of Xaviera Mencarini Solervicens. The attorney currently serves as the Local Police Judge of Collipulli, having been appointed through a public competition established by the Appeals Court.

These elements alone do not establish irregularities but do reveal a significant institutional proximity among actors operating within the same territory and in contexts related to municipal administration.

The scenario becomes more complicated with the involvement of the municipal legal advisor, Jairo González González. Official records identify him as an official with managerial responsibilities within the Municipality of Collipulli. However, in a legal brief submitted to the Collection Court of Angol, he intervened in a matter requesting the seizure of funds tied to payments the municipality itself was required to make. The document specifically identifies those resources as the subject of the judicial action.

This detail takes on special relevance in light of Article 78 of the Administrative Statute, which prohibits officials from acting in court to exercise civil actions against the interests of the State or the institutions that comprise it. While the available data does not allow for the characterization of a specific infraction, it does raise a direct question regarding the compatibility of this regulation with the actions described.

Municipal Oversight

Alongside these judicial proceedings, a significant role in oversight has been taken on by councilor Carolina Valenzuela Muñoz, who has pushed for accountability measures on municipal management and the performance of local authority. Other council members have gradually joined these initiatives, in a context marked by growing internal tensions.

Sources linked to the process describe an atmosphere of sustained conflict, with reports of harassment and a degradation of institutional relations within the municipality. The convergence of judicial proceedings, oversight actions, and political disputes has created a constant pressure scenario, with questions about the mechanisms of local control and governance.

This case once again sparks a structural debate about the functioning of the Chilean judicial system and the margins within which the private practice of law can coexist with jurisdictional functions. Beyond its potential legality, the information reveals a situation where different roles converge within the same institutional circuit, shifting the discussion from strictly legal matters to the realm of public trust.

The details have already been brought to the attention of the General Comptroller’s Office, which will need to determine whether the described situations constitute potential violations of principles of integrity, independence, or duty to abstain. Concurrently, the case against the mayor continues its processing in the Regional Electoral Tribunal and constitutional instances.
In Collipulli, this situation transcends an individual case. What is at stake is whether the standards of independence are applied uniformly across the system.

The Citizen

La entrada Collipulli Mayor’s Defense Attorney Involved in Favorable Ruling for Municipality, Prompting Questions of Judicial Impartiality se publicó primero en El Ciudadano.