Mexico has approved and initiated a process of court reform intended to fight corruption through participatory democracy. In Mexico, all judges will be democratically elected. It is the first country in the world to decide to elect judges at all levels, although there are other countries, including the United States, where some judges are elected rather than appointed.
There was much debate, and there was opposition that, not surprisingly, included many of those in the current judicial system. In the end, though, it wasn’t even close: On Sept. 11, the Senate of the Republic approved the reform with 86 yeas and 41 no votes.
The Chamber of Deputies, the lower chamber of the Mexican Legislature, had already approved the measure 359-135. Afterward, Diputado Ricardo Monreal said, “We believe that we will end nepotism, corruption, influence peddling, the conflict of interest, the sale of justice to the highest bidder.”
The problems that this reform is trying to resolve are real. The current system does not inspire confidence in the people of Mexico, and judicial experts have pointed out that there are problems with corruption and that Mexico’s judicial system suffers from a high level of impunity, which means a low rate of appropriate convictions.
The crimes with the highest level of impunity are serious: intentional homicides, femicides, sexual abuse, disappearances and kidnappings. It is also widely and probably correctly believed that business and tax cases involving the rich and powerful are resolved with a “bag of money.”
“It is a very important reform,” Mexican President Lopez Obrador said. “It reaffirms that in Mexico there is a true democracy, where the people elect their representatives…not the elites…not the oligarchy. Everyone, every citizen.”
Some of the opposition represented the arrogant and bizarre attitude of the United States that there is the right to interfere in or even control the internal affairs of countries in Latin America.
Ken Salazar, U.S. ambassador to Mexico, stepped well outside the bounds of appropriate diplomatic conduct when he said, “The direct election of judges represents a risk for the functioning of Mexico’s democracy and the integration of the American, Mexican and Canadian economies.”
The U.S. court system, as is widely recognized, is highly politicized and openly corrupt even at the highest level of the Supreme Court.
President Andrés Manuel López Obrador sent a note of protest to the U.S. Embassy, expressing profound disapproval of this “meddlesome declaration” and stating that the U.S. ambassador’s statement was “unfortunate, imprudent,” demonstrated a “lack of respect” and was an “unacceptable act of interference” and a violation of Mexican sovereignty.
“We don’t accept any representative of foreign governments intervening in matters that are solely up to us to resolve,” he said.
How will this work?
The judicial system includes the Supreme Court of Justice, as well as an Electoral Tribunal and a Judicial Discipline Tribunal, all of which will be directly elected by a vote of the people at the national level.
Regional Plenaries, District Courts and the Collegiate Circuit Courts (Tribunales Colegiados de Circuito) will also be elected by the vote of the people, with elections on a local level.
In addition, there is a five-person Judicial Administration Body that will be appointed: one by the executive branch, one by the Senate and three by the Supreme Court.
There are requirements for eligibility that include a law degree with high grades and at least five years of professional practice of law.
There are time limits within which cases must be resolved, or the reasons for delay explained to the Discipline Tribunal. There are limits on salary.
The first election of judges will take place on June 1, 2025, and the second in 2027.
On Oct. 4, 1824, the United Mexican States (Estados Unidos Mexicanos) was established. (The struggle for independence began formally on Sept. 16, 1810, but after defeating Spain, Mexico still had to reject and defeat an imperial government.) Now, 100 years later, Mexico is maintaining its sovereignty and taking important steps toward the goals of justice and democracy. President-Elect Claudia Sheinbaum will take office on Oct. 1, ready to serve the Mexican people and resist the empire.
