Why Almost All Judges in Mexico Could Soon Be Elected by Voters

Mexican President Andrés Manuel López Obrador is set to step down at the end of September. But before he does, he will see one of his final missions largely accomplished: a sweeping overhaul of the judiciary that he says is needed to combat corruption.

The changes the president is pushing would shift the judiciary from a system of appointments based largely on training and qualifications to one in which voters select judges and there are few requirements to run. Nearly all of Mexico’s more than 7,000 judges could be affected, making the overhaul one of the most sweeping of its kind attempted anywhere in the world in decades, legal experts said.

The changes would apply to the 11 justices currently on the Supreme Court; 1,635 federal judges and magistrates; and more than 5,700 state and local judges. Long lists of requirements to become a judge would be eliminated, particularly at the federal level, clearing the way for people with only a law degree and a few years of legal experience to run.

The measure was approved in the lower house of Congress last week and overcame its biggest hurdle when it narrowly passed the Senate on Wednesday — even after protesters stormed the building and disrupted Tuesday’s session. It now heads to Mexico’s state legislatures, where it is expected to pass easily in the coming months.

The proposed measure would be one of the most far-reaching judicial reforms of any major democracies. Relatively few countries allow judges to be elected on any significant scale, but none to the extent proposed by Mr. López Obrador, legal experts said.

The government says the measure is needed to modernize the judiciary and build confidence in a system plagued by corruption, influence peddling and nepotism. Mr. López Obrador’s successor, Claudia Sheinbaum, takes office on Oct. 1 and has fully supported the plan.

However, critics of the reform argue that the plan would do little to solve problems such as corruption and would instead increase the power of López Obrador’s nationalist political movement.

Here’s what you need to know about the proposed reform of Mexico’s judicial system.

What would the measure do?

The proposal changes the way judges in the Mexican judiciary are selected, creating a system where judges must stand for election instead of being appointed based on a series of tests, qualifications and training.

However, the measure would not apply to military judges, or judges involved in land disputes or specific disputes between administrative agencies and civilians. Such exceptions represent a small portion of Mexico’s judges.

The bill would also reform the Supreme Court by reducing the number of justices from 11 to nine and shortening their terms from 15 to 12 years. In some cases, justices’ salaries and benefits could be cut to cut costs.

In addition, the policy change would create a Tribunal for Judicial Discipline, whose members would also be elected by popular vote and would have broad powers to investigate and potentially even dismiss or remove judges. The tribunal’s decisions would be final and not subject to appeal.

Why are judges, court officials and critics angry about this?

Mr López Obrador’s plan has recently sparked protests across the country and was even the centre of a diplomatic row with the US ambassador, Ken Salazar, who called it “a great risk to the functioning of Mexican democracy”.

Many critics of the overhaul agree that the system needs to be overhauled. But they warn that the government’s proposal will do little to unburden the judiciary. Instead, they say, it will undermine the independence of the judiciary and allow Mr. López Obrador’s political movement to concentrate power.

Critics of Mr López Obrador and his allies worry in particular that the measures could lock in their current political advantages for a longer period by electing judges with ties to the ruling Morena party.

Some foreign companies worry that the changes could make it harder to find impartial judges to investigate disputes between the government and companies. Other critics have warned that drug cartels could try to influence the new judicial elections, just as they have in other political races in the country.

While a few countries allow the election of judges by popular vote, including the United States, Switzerland and Japan, experts say none do so in as sweeping a way as the proposed changes in Mexico.

The determination to implement the measures is keeping financial markets on edge, with the peso down more than 15 percent since early June.

When can the measures be approved and implemented?

Leaders of Mr. López Obrador’s Morena party attempted to push the measures through Congress this month, before Mr. López Obrador’s term ends on Oct. 1. The measure passed the lower house last week, with 357 lawmakers present voting in favor of the revision and 130 against. On Wednesday, the Senate also passed the revision with 86 votes in favor. A total of 41 senators opposed it.

In addition to passing both houses of Congress, the measures must also be passed by a majority of state legislatures — an easy task, given that Morena and his allies hold majorities in most state congresses. The changes would be phased in, with much of the judiciary up for election in 2025 and the rest in 2027. That means all 32 states would have to amend their constitutions and choose to hold elections in 2025 or wait two years.

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