Mexico Pushes for a People’s Judiciary Reform

President-Elect Claudia Sheinbiem ready to carry on the path of the Morena Party in her victory speech. (Wikimedia Commons) 

Mexico’s President Adrés Manuel Obrador (AMLO) reported on X that he signed into law a decree of constitutional reform of the Judiciary on September 15. The law will transform the appointment-based system of the judiciary into one where judges are selected by popular vote. The change has sparked massive controversy as Mexico moves towards further constitutional reforms.

The outgoing president laid out a package of 18 constitutional amendments and two legal reform initiatives to the Chamber of Deputies on February 5. Among these initiatives, judicial reform is the most controversial and prominently featured in global news. The dominant Morena party, of which both AMLO and President-elect Claudia Sheinbaum are members, now holds a supermajority in the Senate and the Chamber of Deputies, allowing for the introduction and implementation of major constitutional reforms without worry of interference from opposing parties.

DLA Piper adds that the reform package also includes procedural reforms to the judicial system. New rules dictate the maximum length of time that tax cases and criminal cases can last, unless courts notify the Judicial Discipline Tribunal. Judges will also face limits on their compensation packages ensuring that they cannot earn more money than the president.

 In addition to the people-powered judiciary, White & Case reports that other reforms in AMLO’s plan include giving Afro-Mexicans and indigenous people greater rights and autonomy, banning fracking and open-pit mining at a constitutional level, adjusting the minimum wage for inflation, and increasing workers' pensions.

Mexican public opinion overall favors this reform, but critics are concerned how this might impact the structure and stability of the government. AMLO’s goal, according to Aljazeera, is to help eliminate corruption from Mexico’s judiciary through a complete renovation of the judicial branch. The electoral reform will implement term limits of 12 years for judges, as well as the establishment of a disciplinary tribunal that has the power to punish, suspend, or remove corrupt judges. These changes are meant to create a judiciary that has real teeth to prevent political corruption.

Critics of the reform point out its most dangerous implications. Bolivia has attempted a similar reform since 2010, one analysts largely consider a failure, writes America’s Quarterly, as this adjustment to their judiciary hindered its legitimacy, independence, and political stability. Critics use Bolivia’s experience as a cautionary example for Mexico, whose reform will require elections for approximately 7,000 judges.

The elected judiciary structure is logistically challenging, particularly concerning financing, credibility, and the voting process. Although a majority of Mexicans favor AMLO´s reforms, some people are worried about political stability. Four days before the reform was signed by AMLO on September 11, according to AP News, a mob of protesters stormed into the Senate to prevent the motion from passing. Many concerned citizens fear the stacking of courts with politically biased judges. Federal court workers, judges, and academics have begun to strike in protest.

With the first elections for about half of the judges expected to take place in June 2025, it is possible that Mexico could find itself in a situation similar to that of Bolivia. But Morena's tight control of the federal government so far could allow for quick adjustments if issues arise.