The Judicial Reform represents a structural change in the conformation of the Mexican judiciary. It centrally modifies the way in which all judges at all levels are elected by means of popular elections.
Below we describe the most relevant particularities of the Judicial Reform, focusing our analysis on the changes to the Supreme Court of Justice of the Nation (the “SCJN”), as well as to the collegiate circuit courts and district judges.
I. New composition of the SCJN
Pursuant to the Judicial Reform, the number of justices of the SCJN will be reduced from 11 to 9. The justices will remain in their positions for 12 years instead of 15 years. From now on, the SCJN will resolve matters in plenary session (the integration of chambers is no longer contemplated), where 6 votes are required to decide matters within its jurisdiction
In addition, the SCJN’s power to grant the suspension in the case of constitutional controversies or unconstitutionality actions against general norms is eliminated, as well as the possibility of granting injunctions against normative provisions with general effects.
The Judicial Reform does not modify the integration or attributions of the collegiate circuit courts and district courts. However, the term of office of magistrates and district judges will last 9 years, although they may be reelected consecutively.
II. Election of the members of the Judicial Branch of the Federation
a. Requirements to be a judge
The requirements to apply to become a member of the Federal Judiciary -whether a minister, circuit magistrate or district judge- are as follows:
- Citizenship: Mexican by birth.
- Professional and academic requirements:
- Bachelor of Law.
- Overall grade point average of at least 8 points in the bachelor’s degree, specialty, master’s degree or doctorate.
- Overall average of 9 points in the subjects related to the position for which he/she is applying.
- Reputation:
- Have a good reputation.
- Have distinguished themselves by their honesty and good public reputation.
- Professional Experience:
- Ministers: 5 years (previously 10).
- Judges and magistrates: 3 years (remains the same).
We note that the constitutional requirements: (i) do not require candidates to have jurisdictional experience, nor to be part of the judicial career; and (ii) do not require a minimum age for candidates.
b. Call for candidates and nomination of candidates
The Senate will issue a public call for candidates to participate in the public elections and elect each available position.
Each branch will establish an Evaluation Committee of 5 people recognized in the legal profession to evaluate compliance with constitutional and legal requirements. To be considered, candidates must submit a three-page essay and five letters of recommendation from neighbors, colleagues or persons supporting their suitability.
Each Evaluation Committee shall draw up a list of candidates in accordance with the following:
- Ministers of the SCJN:
- 10 candidates for each position in the SCJN.
- The President proposes 3 candidates, the Chamber of Deputies 1, the Senate 2 and the Supreme Court 3.
- Magistrates and judges:
- 6 candidates.
- The President proposes 2 candidates, the Chamber of Deputies 1, the Senate 1 and the Supreme Court 2.
The incumbent judges shall be eligible candidates to participate in the elections without the need to go through the selection process, unless they decline their nomination. In the event of participating and not being elected, they shall conclude their term of office once the elected judges are sworn in.
c. Electoral campaigns
Electoral campaigns will have a duration of 60 days and will be limited to candidates having equal access to radio and television spots. In addition, they will be able to participate in debate forums organized by public and private institutions under equal conditions.
Public or private financing of their campaigns will be prohibited, as well as the hiring of any media to promote the candidates. Political parties and public servants may not carry out acts of proselytism or position themselves in favor or against any candidacy.
d. Election processes
The allocation of the elected positions shall be made by subject of specialization among the candidacies that obtain the highest number of votes.
In June 2025, a first extraordinary election will be held in which the following will be elected:
(i) All 9 justices of the Supreme Court of Justice of the Nation;
(ii) Members of the Court of Judicial Discipline and of the Federal Judiciary Council; and
(iii) 50% of the magistrates and district judges.
The renewal of all the remaining judgeships is to be concluded in a second ordinary election in 2027.
Ballots will contain the following: (i) office; (ii) federal entity and judicial circuit; (iii) full numbered names of the candidates; (iv) specialization by subject matter; (v) the authority nominating the candidates; and (vi) the judges in office.
Voters must also vote taking care to comply with gender equality conditions as follows: (i) 4 male and 5 female ministers must be elected; and (ii) 3 men and 3 women for magistrates and judges.
III. Election of the members of the states
The federal entities will have a term of 180 days to make the adjustments to their local constitutions. The renewal of all elected positions of the local Judiciaries shall conclude in the ordinary federal election of the year 2027, under the terms and modalities determined by them.
IV. Administrative Bodies of the Federal Judicial Branch
The Judicial Reform also modifies the Federal Judiciary Council in charge of the administration, evaluation, training and supervision of judges, dividing its attributions into two bodies.
a. Judicial Administration Body
First, the administration of the judiciary will now be the responsibility of the Judicial Administration Body, which will be composed of 5 persons who will serve for a non-renewable term of 6 years. This body will maintain, among other functions, the determination of the circuits, the specialization of judges by subject matter and the assignment of judges.
The “National School of Judicial Training” will depend on this body and will be in charge of designing and implementing education and training processes for the judicial career personnel of the Judicial Branch, prosecutors, public defenders, private security institutions and the public in general.
b. Court of Judicial Discipline
The Judicial Disciplinary Tribunal will be in charge of the discipline of Judicial Branch officials. It will be composed of 5 persons who will be elected by popular vote and will serve for 6 years.
The Tribunal will be the body in charge of resolving complaints made by any person, authority, or those initiated ex officio in relation to facts that could be subject to administrative or criminal liability, committed by Judicial Branch officials. The Court may impose the following sanctions:
- warnings,
- financial penalties,
- dismissal,
- disqualification, and
- request the impeachment of the judges.
V. Candidate election process
On October 15, 2024, the Senate of the Republic published in the Official Gazette of the Federation the General Call addressed to the Powers of the Union to integrate the list of candidates.
Within 15 calendar days after the publication of the call, each Branch of the Union will install an Evaluation Committee composed of 5 persons “with recognized prestige in the legal activity”, who shall:
- Be Mexican citizens
- Have a professional law degree with at least 5 years of seniority.
- 5 years of professional practice in the legal field.
- Not hold or have held a national or state leadership position in any political party in the last 3 years.
Within 15 calendar days following the integration of the Evaluation Committees, they will publish the calls to participate in the process of evaluation and selection of applications, which will contain:
- General Call for Applications Information
- Stages, dates, deadlines and applications to the registration, evaluation and selection process.
- Mechanisms to register for the call and to follow up on it.
- Methodology for evaluating the suitability of applicants.
This registration to the calls is in process and will last from November 5 to 24, 2024. Once the deadlines to register for the calls have expired, the Committees will compile and publish the list of candidates who meet the constitutional eligibility requirements.
The Committees will qualify the suitability of the applicants:
- They will take into account curricular profile, professional and academic background.
- They will take into account other points they deem necessary to qualify their honesty and public reputation.
- They shall conduct public interviews with the most suitable candidates to evaluate technical knowledge and competence.
Once the suitability of the applicants has been assessed, the Committees shall draw up a list:
- Out of 10 best evaluated candidates (in the case of magistrates of the Superior Chamber of the Electoral Tribunal and ministers of the Supreme Court of Justice of the Nation).
- Out of 6 best evaluated candidates (in the case of judges and magistrates).
The Committees shall purge the lists of 6 and/or 10 candidates by means of public inoculation (tombola). The lists shall be adjusted to the number of nominations for each position for each practice, taking into account the specialty by subject and observing gender parity.
The Committees will publish the results and forward them to each practice for approval:
- The Executive Branch, through the President of the Republic.
- The Legislative Branch, through the Plenary of the Chamber of Deputies and the Senate of the Republic, as applicable, by a qualified vote of two-thirds of its members.
- The Judicial Branch through the plenary of the Supreme Court, by a vote of 6 justices.
According to the published calls for each of the branches, the approved lists will be sent to the Senate no later than February 8, 2025.
If you have any questions regarding the contents of this Alert, please contact:
Pérez Correa González
+52 55 5062 0050
