Mexico’s controversial judicial reform bill officially took effect on September 15th. The reform aims to completely overhaul the country’s courts, making Mexico the only country in the world where voters can directly elect judges at all levels. Outgoing President Andrés Manuel López Obrador stated that this move will reduce corruption among judges. However, opponents are concerned that it may disrupt the balance of power within the legal system.
President López Obrador signed the constitutional amendment on Sunday, as he was the advocate for this reform. The publication of the constitutional reform in the government gazette indicates its enforcement. A total of 7,000 judges in the country will be elected by the public. Next June, the first two rounds of elections for federal judges will take place, including those for the Supreme Court justices.
López Obrador expressed that this reform will create a more just and transparent judicial system, particularly amidst the increasing corruption issues associated with Mexico’s powerful drug trafficking organizations.
During a press conference on September 11th, López Obrador stated: “Ending corruption and impunity is extremely important. We will move Mexico forward and set an example for the world.”
Earlier this month, Mexico’s Chamber of Deputies passed the reform, which was also approved in various state legislatures. Last week, the Senate passed the reform with 86 votes in favor and 41 against, barely exceeding the required two-thirds majority.
Critics of the reform argue that electing judges instead of appointing them may weaken the political independence of the judiciary and potentially impact investor confidence.
Francisca Pou Giménez, a senior researcher at the National Autonomous University of Mexico (UNAM), expressed concerns about the establishment of a Judicial Discipline Court. She mentioned that this court will have broad powers to investigate, sanction, and impeach judges, appearing to be an institution aimed at capturing any signs of independence and taking action.
She also noted that this Judicial Discipline Court will be elected by the public, potentially leading to politicization. Those participating in the election of judges are aware that they can only serve for nine years and must act under the oversight of this institution, which could lead to a “chilling effect” on independent decision-making.
Giménez stated that many Mexicans had hoped that López Obrador’s successor, Claudia Sheinbaum, would keep her distance from this legislation. However, Sheinbaum fully supports the law and believes that the reform establishes “a truly independent and autonomous power elected by the people.” She is set to be sworn in next January.
In a video shared on social media by López Obrador, Sheinbaum can be seen sitting next to him as he signed the constitutional amendment. Giménez remarked, “She seems not to understand the content of this reform, appears not to have acquired the necessary information to comprehend its implications, or she is simply following the political dynamics dominated by López Obrador’s enormous political power. It is truly sad.”
A circuit judge in the country mentioned that current judges like Sheinbaum are given the opportunity to directly access the ballots, but she has no doubt they will be portrayed as “villains,” and that “the likelihood of winning in all these adversities is very low.”