The Supreme Court of Mexico narrowly denied a challenge to controversial judicial reforms on Tuesday that were enacted by the government in September of this year. The reforms will make all judges in Mexico elected by a popular vote and establish an elected judicial disciplinary court to oversee judges.
The number of justices in the Supreme Court will also reduce from 11 to 9, and their tenure will be fixed at 12, rather than 15 years, with no possibility for re-election. The voting procedure will apply to judges across different courts, including the Supreme Court, Circuit Court Magistrates, and District Court Judges. As of now, it is planned to take place across two phases. The first phase of elections will happen in 2025 to elect judges to the Supreme Court and “half of the federal circuit and district judges and magistrates.” In 2025, the new five member judicial disciplinary court will also be elected. The second phase will take place in 2027, to fill the rest of the positions.
The challenge to the reform was supported by 7 judges, falling 1 short of the 8 required to find portions of the reforms unconstitutional.
Widespread protests began at around the same time that approval was given to the law by the Senate. Federal judges and magistrates also went on strike against the changes until mid-October. The government continues to justify the law by saying that it will root out corruption from the judiciary and make it accountable to the people directly. Despite the protests, the current president claims that the law is reflective of the will of the people and that the judiciary is overstepping its boundaries by reviewing it.
The proposed change would make put Mexico among the very few countries which fill judicial positions through popular election. A number of individuals and organizations have criticized the new law, primarily for its politicizing effect which could undermine the independence of the judiciary. The American Ambassador to Mexico, for instance said:
[D]irect election of judges is a major risk to the functioning of Mexico’s democracy. Any judicial reform should have the right kinds of safeguards that will ensure the judicial branch will be strengthened and not subject to the corruption of politics… we understand the importance of Mexico’s fight against judicial corruption. But direct political election of judges, in my view, would not address judicial corruption nor would it strengthen the judicial branch of government.
