Reforma Judicial

What are the main aspects of the Judicial Reform?

1. Judges, Magistrates and Justices elected by popular vote. The Justices of the Mexican Supreme Court of Justice (the “SCJN”), Magistrates and District Judges of the Federal Judiciary, as well as local Judges and Magistrates, will be elected by popular vote. Candidates at the federal level will be proposed by the three Branches of the Federal Government, there will be a pre-selection process through committees and, in certain cases, candidates will get there by chance or luck. The Justices will serve for 12 years and may not be reelected. Judges and Magistrates will serve for 9 years and may be reelected at the end of each term.

2. Judicial career is eliminated; the minimum age, experience in the administration of justice and merits will not be necessary to be a judge. In general, to hold a position as Judge, Magistrate or Justice, it will only be necessary to have a law degree and to have obtained a minimum grade point average of 8 in the last year of studies, as well as a 9-grade point average in subjects of the candidate’s specialization. To become a Justice, 5 years of experience in law practice -not in the administration of justice- and a good reputation are required. To become a Magistrate, the person must have at least 3 years of professional practice in an area related to his or her candidacy, but not necessarily in the judiciary.

3. The SCJN is reconfigured. The number of Justices is reduced from 11 to 9. The two specialized chambers of the SCJN are eliminated; all decisions will be made in plenary sessions. The President of the SCJN will be renewed every 2 years and will no longer be elected by his peers but based on the number of votes obtained during the popular election. The candidate who obtains the most votes will be the President of the SCJN. A qualified majority of 6 Justices is established to declare the invalidity of laws.

4. Disappearance of the Federal Judiciary Council. The body in charge of the administration, judicial career and discipline of the Federal Judiciary, until now presided by the President of the SCJN, disappears. It is replaced with a Judicial Administration Body, composed of 5 members elected by the three federal branches of government, and a Judicial Disciplinary Tribunal, composed of 5 members elected by popular vote.

5. The Court of Judicial Discipline is created. This court will have authority to supervise and sanction judges, magistrates, and other public officers of the Federal Judicial Branch. It may receive complaints, investigate allegedly unlawful conducts and sanction public officers whose conduct does not comply with the Federal Constitution and the laws, or do not abide by the principles of “honesty, legality, probity, independence, objectivity, professionalism, loyalty and efficiency”, at the discretion of the Court itself. It is also left to the ordinary legislator the prerogative to establish other grounds for sanctions. Among the sanctions that the Court of Discipline may apply is the dismissal of members of the judiciary. It may also refer to the Public Prosecutor's Office for the possible commission of crimes and request impeachment before the House of Representatives.

6. A term is established for the resolution of tax matters. In tax matters exceeding a certain amount (to be established by law), the term to resolve them will be 6 months. If this term is not observed, the Court of Judicial Discipline may impose sanctions on the judge.

7. The suspension of law in constitutional controversies and actions of unconstitutionality is eliminated. In these proceedings before the SCJN, which are brought against laws, their admission will in no case give rise to the suspension of the challenged law.

8. The effects of amparo rulings are limited. Neither the rulings on the unconstitutionality of laws, nor the injunctions granted in these proceedings, may have general effects; they will only benefit the plaintiff.

How will the reform be implemented?

1. The federal entities will have 180 days, commencing on the date the Judicial Reform came in effect, to make the corresponding adjustments to the local constitutions and laws to renew all the positions of judges and magistrates.

2. The election of Justices and at least half of the federal Judges and Magistrates will take place no later than June 2025. The election of local Judges and Magistrates in all States shall be completed no later than 2027. At the end of this period, all the judiciary positions will have been renewed.

3. The pre-selected candidates will be able to carry out campaigns for 60 days without financing, but they will have radio and television spaces for proposals and debates. The National Electoral Institute will organize these elections, count the votes, and award the majority certificates.

What are the main challenges and effects of the reform?

1. Budget. Thousands of positions occupied by federal and local Judges and Magistrates, as well as Justices of the SCJN will be renewed. The renewal of each of these positions will imply a process of registration and pre-selection of candidates, a campaign process, and an election process. The cost will be considerable.
2. Transition. A complicated transition period is foreseen. Thousands of new judges will arrive, some without experience in the Judicial Branch. The learning curve will impact the processing of trials and procedures.
3. Challenges. There have been and probably will be more challenges against the Judicial Reform, which could delay or even prevent its implementation. 
4. Increased Use of ADR. We believe that, given the challenges that the judiciary will face, individuals and companies will resort to alternative dispute resolution mechanisms to resolve disputes in matters permitted by Mexican law, particularly in commercial matters. We will see the rise of mechanisms such as mediation and arbitration.
5. Potential Investor-State Arbitrations. As a result of the implementation and concrete application of the Constitutional Reform, investor-State arbitrations could be filed against the Mexican State.