The Advantages of the Judicial Reform for Mexico

By David Sánchez Apreza

Mexico’s Judicial Reform

Mexico’s recent judicial reform, introduced in 2024, has sparked significant debate. The key change involves the direct election of federal judges, magistrates, and Supreme Court justices by the Mexican people. This marks a significant departure from the previous system, where appointments were made through contests organized by the judiciary itself.

While proponents argue that this reform will lead to a more representative and accountable judiciary, critics express concerns about potential political interference and the lack of public understanding of judicial processes. The reform is expected to have far-reaching implications for the Mexican legal system, particularly for those involved in high-profile cases and those seeking justice at the federal level.

Preliminary Reflection

All of us who have litigated in Mexico have encountered district judges and circuit magistrates who are corrupt, and who are ignorant of the law; we could probably share stories of when we encountered one of those who are lazy, arrogant, and careless with their work.

But there are also federal judges and magistrates who are exemplary in their dedication and professionalism, and who allow us to affirm that federal justice is “the good one.” To all those exemplary judges, thank you very much. Hopefully, the new system will allow them to participate and obtain an appointment.

We hope that the bad elements are removed with this judicial reform and hopefully they do not find a way to return to the judicial system.

The 2024 Judicial Reform: Political Context

Through an unusually abbreviated procedure, the Mexican government and the Federal Congress coordinated to reform the Mexican Constitution and change the rules for selecting judges, magistrates, and Supreme Court Justices (called Supreme Court Justices in Mexico) who make up the Federal Judiciary.

The reform could have changed the structure and functioning of the Mexican judicial system; but unlike the package of legal reforms that were approved in 2021, that was not the central point of these changes to the legislation.

In this instance, the main component of the reform was that federal judges, circuit magistrates, and Supreme Court justices be elected by the direct vote of Mexicans through an electoral process that would be carried out in stages, starting in the summer of 2025.

Some sectors of society are alarmed, while others are celebrating that the “political transformation” represented by the so-called 4T has managed to impact the judiciary.

Foreign investors are expectant; while domestic investors are beginning to resign themselves to a change that will clearly be irreversible.

The legislators of the ruling party affirm that the electoral results obtained at the polls have legitimized them to make the constitutional changes approved; but we should not lose sight of the following: for the vast majority of Mexicans, this is an elite issue that interests few.

In a country of more than 126 million Mexicans, around 99 million adults have the possibility to vote. And of that total, voter participation was close to 60%, and at least 20 million voters did not choose President Claudia Sheinbaum or the parties that make up the current government’s coalition.

Taking into account the electoral results of 2024, theoretically there are about 20 million people who opposed the judicial reform, around 33 million in favor, and the rest of the population, which is more than 70 million, practically indifferent to the issue.

Why? Because in general terms, people do not know how members of the judiciary are chosen and do not use the federal justice system except on exceptional occasions.

How the Federal Judiciary Worked and How it Will Work Now

The judiciary has had district judges and circuit magistrates for several years; their appointments were indefinite and their positions were inamovable.

They obtained their appointments through contests, which were sometimes open to the general public and other times were reserved for participation only by members of the federal judiciary itself.

For many years it had been said that those contests were “rigged” or “fixed,” as it has been said that only those who had “contacts” or “influence” in the judiciary would result selected.

As the author of this text, it is my responsibility to make it clear that there is no evidence that these selection processes had irregularities. Legally, there is no way to affirm that the federal judiciary contests were rigged. Those were mere rumors and assumptions; but those rumors have gained strength over the years, because there are already many judges and magistrates who have relatives, friends, and family members who have won contests [which seems like a lot of coincidence].

An example. During the episode broadcasted on September 11 of the Loret program on the Latinus platform, a distinguished federal magistrate was interviewed, who explained that she and her husband, both of them are currently circuit magistrates, because both have had a brilliant judicial career and that both won their respective contests in different moments and under different circumstances.

Is that possible and believable? Legally and professionally, yes. It is possible for both to have competed and won their appointments without help; but in the context of public opinion, it seems like too much of a coincidence and those examples strengthen the popular myth that relatives help each other in the judiciary contests.

So, What’s Going to Change?

Now, the electorate will choose their judges and magistrates for fixed periods of 8 and 11 years through voting; instead of the federal judiciary itself choosing its members through the plaza contests.

Before, lawyers in general could register to participate in open contests, as long as they were not exclusive contests for members of the federal judiciary; and with any luck and a lot of study, they could win the contest and be appointed federal judges or magistrates.

Now, lawyers and members of the judiciary can register indistinctly, because there will no longer be exclusive contests only for members of the judiciary.

Before, the Federal Judiciary Council organized the contest and decided who the winner was. Now, there will be a mixed system, in which the candidates who will appear on the ballot will be proposed by thirds between the executive branch, the legislative branch, and the judiciary.

In addition, those who are currently judges or magistrates have direct passage to the electoral ballot, so at least we know that those who are good judges will have the opportunity to participate; although they will have to campaign and ask for votes, which presents a very complex challenge for those who are currently dedicated to judicial work.

Some of the critics of the reform affirm that the problem will be in the selection of the profiles that can participate in the election of judges and magistrates, because only the “recommended” ones will be able to pass the filter. That remains to be seen. Maybe it will happen, maybe not.

The only thing that we know for sure is that with the previous system, there were also accusations that the profiles that won the contests were only the influential ones.

Critics have also pointed out that the voters will not have enough information to choose the candidates and that they will probably receive instructions from political leaders who will tell them who to choose because they are “aligned with the 4T.”

That could indeed happen. And that would result in the elected judges and magistrates being aligned with the 4T. But that has not happened yet, so we will have to participate in those elections and vote to prevent that from happening.

In the best-case scenario, this reform presents us with the possibility to improve and have better profiles elected as judges and magistrates, with more transparent procedures; while in the worst-case scenario, we would continue with a designation system in which only “those approved by the statu quo” are elected. With the difference that before, it happened with the collusion of the Federal Judiciary Council, and now, it would have to be [hypothetically] with the approval of the 4T.

So far we’ve only commented in regards to federal magistrates and district judges; but with regard to the eleven ministers of the Supreme Court, the judicial reform will also impact them.

The current members of the Plenary can participate to be elected with direct passage to the electoral ballot; but they will have to campaign, and that presents them with a significant challenge, because probably due to the degree of polarization and politicization of the issue, the current government will intervene politically so that the electorate aligned with Morena participates and votes for eleven “previously approved” profiles that are loyal to the government regime instead of its current members.

What are the Advantages of the Judicial Reform?

It is too early to make a list of advantages. But it is also too early to announce that this is the end of impartial justice in Mexico.

The only thing certain is that this is a strong shake-up of the Mexican judicial system, which will force changes in the composition of district courts and collegiate courts.

What we can predict is that for most Mexicans, the issue will not impact them, because they are not the main users of federal judicial services.

For companies and for those who do regularly go to federal justice, they could see few changes in the functioning of district courts and collegiate courts. We will have to wait for the electoral selection processes of judges in June 2025 and 2026, and hope for the best.

But for those who have issues and matters within the jurisdiction of the Supreme Court of Justice of the Nation, there could be an impact on their claims and cases; as it is highly probable that the new composition of the Supreme Court will be composed of profiles more aligned with the 4T government and its agenda.

To date, some of Mexico’s major entrepreneurs have already spoken out about the reform, noting that we should adapt and give that reform a chance to settle. The judicial reform is already coming, it is imminent, it will be applied and will come into force very soon. We will have to learn to live with it, because there is no

Mexico Official Census (population 2020):

https://cuentame.inegi.org.mx/poblacion/habitantes.aspx?tema=P

Voter registration and national voter list: