Elba Rosa Rodríguez-Fuentes
Encyclopedia
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 renowned 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).
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 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.
The most personally meaningful appointment of her professional career was serving as an advisor to Rafael Hernández Colón
in the area of government (1990–1992). During this time she gained broad 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 Ms. Rodriguez's judgments established jurisprudence. For example, Pueblo v. Juan Carlos Jimenez-Cruz 98 TSPR 76 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.
Ms. 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
, 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.
Ms, Rodriguez has two children, Manuel A. Domenech and Melanie M. Domenech. 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. She also completed her undergraduate education at Rutgers University and a master's and doctoral degree at Colorado State University. Ms. Rodriguez has four grandchildren, two from each of her children.
Currently, Ms. Rodriguez is not engaged in any professional activities due to health problems.
*This case was presented with atty Manuel Alvarado and honorable Hector Rivera Cruz, Secretary of Justice.
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...
, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
on April 27, 1948. She left Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
in 1966 and moved to Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, 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
University of Puerto Rico
The University of Puerto Rico is the state university system of Puerto Rico. The system consists of 11 campuses and has approximately 64,511 students and 5,300 faculty members...
, 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
Supreme Court of Puerto Rico
The Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having judicial authority within Puerto Rico to interpret and decide questions of Commonwealth law. As the highest body of the judicial branch of the Puerto Rican government, it is analogous to one of the...
(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 renowned Puerto Rican lawyer, Lino Saldana, former judge of the Supreme Court of Puerto Rico
Supreme Court of Puerto Rico
The Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having judicial authority within Puerto Rico to interpret and decide questions of Commonwealth law. As the highest body of the judicial branch of the Puerto Rican government, it is analogous to one of the...
. She specialized in civil rights litigation and personnel affairs (e.g., Estrada-Izquierdo v. Aponte-Roque).
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 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.
The most personally meaningful appointment of her professional career was serving as an advisor to Rafael Hernández Colón
Rafael Hernández Colón
Rafael Hernández Colón is a Puerto Rican politician who served as the fourth Governor of the Commonwealth of Puerto Rico for three non-consecutive terms, from 1973 to 1977 and from 1985 to 1993. An experienced politician, Hernández holds the record for being the youngest Governor of Puerto Rico,...
in the area of government (1990–1992). During this time she gained broad experience and knowledge of Puerto Rico's government. At the end of her term at Fortaleza
Fortaleza
Fortaleza is the state capital of Ceará, located in Northeastern Brazil. With a population close to 2.5 million , Fortaleza is the 5th largest city in Brazil. It has an area of and one of the highest demographic densities in the country...
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 Ms. Rodriguez's judgments established jurisprudence. For example, Pueblo v. Juan Carlos Jimenez-Cruz 98 TSPR 76 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.
Ms. Rodriguez served in 2001 as Governor Sila Calderón's Chief Legislative Assistant. In 2002 she was appointed by then Senate President Antonio Fas Alzamora
Antonio Fas Alzamora
Antonio "Tony" Fas Alzamora is a Puerto Rican politician and Senator. He is currently the longest-serving member of the Puerto Rico Legislative Assembly, having served as Senator since 1976...
and Speaker Carlos Vizcarrondo as Director of the Office of Legislative Services of Puerto Rico
Office of Legislative Services of Puerto Rico
The Office of Legislative Services of Puerto Rico was created on January 27, 1954 to provide research, translation, library and legislative drafting services to all members of the Puerto Rico Legislative Assembly. Its duties are similar to those of the Congressional Research Service.The Office is...
, 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
Aníbal Acevedo Vilá
Aníbal Salvador Acevedo Vilá is a Puerto Rican politician and lawyer. He served as the eighth Governor of the Commonwealth of Puerto Rico, a Commonwealth of the United States, from 2005 to 2009. He is a Harvard University alumnus and a graduate of the University of Puerto Rico School of Law,...
required confirmation by the Senate of Puerto Rico
Senate of Puerto Rico
The Senate of Puerto Rico is the upper house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico. The Senate is composed of 27 senators, representing eight constituent senatorial districts across the commonwealth, with two senators elected per district; an...
, as well as the House of Representatives of Puerto Rico
House of Representatives of Puerto Rico
The House of Representatives of Puerto Rico is the lower house of the Legislative Assembly of Puerto Rico, the territorial legislature 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
Ponce, Puerto Rico
Ponce is both a city and a municipality in the southern part of Puerto Rico. The city is the seat of the municipal government.The city of Ponce, the fourth most populated in Puerto Rico, and the most populated outside of the San Juan metropolitan area, is named for Juan Ponce de León y Loayza, the...
, Francisco Zayas Seijo
Francisco Zayas Seijo
Dr. Francisco R. Zayas Seijo, D.V.M., also known as Ico , is a former member of the Puerto Rico House of Representatives and mayor of the city of Ponce, Puerto Rico...
, a fact that surfaced as a bone of contention during the House's initial refusal to confirm her.
Ms, Rodriguez has two children, Manuel A. Domenech and Melanie M. Domenech. 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. She also completed her undergraduate education at Rutgers University and a master's and doctoral degree at Colorado State University. Ms. Rodriguez has four grandchildren, two from each of her children.
Currently, Ms. Rodriguez is not engaged in any professional activities due to health problems.
*This case was presented with atty Manuel Alvarado and honorable Hector Rivera Cruz, Secretary of Justice.