Mexico reprimands US ambassador over remarks on justice reform

President Andrés Manuel López Obrador on Friday reprimanded U.S. Ambassador to Mexico Ken Salazar, saying the diplomat’s statement on the federal government’s proposal for judicial reforms was “unfortunate and imprudent” and showed “disrespect.”

During his morning press conference, López Obrador also read a “protest note” sent to the U.S. Embassy in Mexico over what the government called Salazar’s “meddling statement.”

In a statement on Thursday, the ambassador said the proposed judicial reform — which would allow citizens to directly elect judges — poses a threat to Mexico’s democracy and U.S.-Mexico trade relations. He also said it would benefit drug cartels.

“I believe that the direct election of judges by the people poses a great risk to the functioning of Mexican democracy,” Salazar said.

“… I also think that the debate over the direct election of judges… and the fierce politics if the elections for judges in 2025 and 2027 were to be approved, will threaten the historic trade relationship we have built, which depends on investor confidence in Mexico’s legal framework,” he added.

“Direct elections would also make it easier for cartels and other bad actors to take advantage of politically motivated and inexperienced judges,” Salazar said.

Asked about the statement, López Obrador told reporters that the federal government does not accept “interference” in Mexico’s internal affairs.

“We do not accept that representatives of foreign governments interfere in matters that we alone must resolve,” he said.

In the “protest note” or diplomatic note, the Ministry of Foreign Affairs (SRE) expressed its “deep disapproval” of Salazar’s comments on “internal affairs” and declared that his statements were “an unacceptable interference” and a violation of Mexican sovereignty.

“It does not reflect the level of respect that characterises relations between our governments,” the SRE said.

López Obrador said the administration would also send a diplomatic note to the Canadian government, after Ambassador Graeme Clarke said in an interview that Canadian investors were concerned about the legal reform proposal.

AMLO noted that as president he has the authority to send reform proposals to Congress and that the legislature has the authority to approve them.

He sent the judicial reform bill to Congress in February, and the ruling Morena party filed a revised version of the bill with a lower house committee last Friday. It could be approved as early as next month, when Morena and his allies have a supermajority in the lower house of Congress and a strong majority in the Senate.

Opponents of the bill say that the direct election of judges from candidates nominated by the sitting president, Congress and the judiciary itself threatens the independence of the Mexican judicial system. Judicial elections would in some cases coincide with political elections, a situation that critics believe could lead to the politicization of the judiciary.

The SRE diplomatic note sought to allay concerns about the reform proposal, reaffirming that “the Mexican government is committed to a judiciary that enjoys genuine independence, autonomy and legitimacy” and can thus strengthen the rule of law and improve access to justice for all.

López Obrador explained why the government wants to reform the judiciary.

“Why are we proposing this reform? Because the judiciary is plagued by corruption. It is full of corruption; it has been hijacked … and put in the service of a greedy minority, those who previously thought they were the owners of Mexico,” he said.

“And never before in recent history has the judiciary done justice for Mexicans. Rather, it has become an instrument at the service of a minority,” said López Obrador, who has been irritated by court rulings against his government’s policies and infrastructure projects.

On Friday afternoon, Salazar attempted to rephrase his comments on judicial reform.

Regarding X, he said that “the concerns” he expressed about the direct election of judges were raised in the “spirit of cooperation.”

“As partners, we seek an honest and open dialogue to continue the great democratic and economic progress we have achieved,” Salazar wrote.

The United States and Mexico have “created an unprecedented relationship as partners and equals,” he said, adding that “communication is key,” especially when “our common goals and our trade relationship” are at stake.

The ambassador also said he is willing to “talk to Mexican leaders about the direct election of judges and exchange views on different models.”

Sheinbaum: US elects judges by popular vote

About seven hours after Salazar made his statement on Thursday, President-elect Sheinbaum took to social media to provide what she described as “very relevant information.”

“In 43 of the 50 states of the United States of America, judges are elected by popular vote,” she wrote.

According to the nonprofit Equal Justice Initiative, five U.S. states select all of their judges through partisan elections, and 39 states use elections to choose at least some of their judges.

In June, Dr. Michael Kang, a professor at Northwestern University’s Pritzker School of Law, said that “judicial elections are very, very common in the United States” and noted that “that’s quite unusual internationally.”

There are currently no judicial elections in Mexico. Many judges are appointed by the Federal Council of Justice.

Speaking at a US State Department event, Kang stressed that “judicial elections take place at the state level” in the United States, while “at the federal level, the judges, the Supreme Court justices, are selected by the president.”

“They are appointed by the president and approved by the Senate, with the advice and consent of the Senate. … It is not an electoral system,” he said.

Relevant information: In 43 of the 50 US states there are juices that are popular.

– Dra. Claudia Sheinbaum (@Claudiashein) August 23, 2024

Under the Mexican government’s proposal, citizens would elect federal judges, including Supreme Court justices.

If the reform is approved, all 11 Supreme Court justices, who are appointed for 15-year terms, could be replaced in elections in 2025. López Obrador has been critical of Chief Justice Norma Piña and other judges who have ruled against the government.

Sheinbaum told a news conference Thursday that the judicial reform proposal includes “rules” to prevent the current president from directly appointing a judge or interfering in judicial elections.

She also said the process for selecting candidates would be “very transparent” and that prospective judges would have the required experience to do the job.

According to Sheinbaum, the proposal would give the sitting president less say in the appointment of Supreme Court justices, not more, as critics of the bill claim.

“The president will no longer have any influence on the appointment of judges,” she said.

“… It’s a very complete process,” Sheinbaum said, referring to both the candidate selection and the judicial elections.

“It is new, but it has nothing to do with this idea … that (judges) are now more aligned with the president. … It is a complete proposal that guarantees autonomy (for the judiciary),” she said.

With reports from Proceso