## Key Article: Constitutional Reform Passed, Including Introduction of “Face-less” Judges
On August 26, 2024, the Constitutional Points Commission of the Lower House of the Mexican Congress approved, both generally and specifically, the draft constitutional reform of the Federal Judiciary (PJF). The initiative, proposed by President Andrés Manuel López Obrador on February 5, 2024, primarily aims for judges, magistrates, and Supreme Court Justices to be elected by popular vote.
After six hours of heated debate, the draft was initially approved with 22 votes from the Morena, Green Party (PVEM), and Labor Party (PT) legislators, while 17 legislators from the National Action Party (PAN), Institutional Revolutionary Party (PRI), and Citizen Movement (MC) opposed. Throughout the session, the reform underwent 104 modifications.
A total of 330 reservations were presented for individual discussions. After 11 and a half hours, the complete draft was finally approved by 22 votes in favor and 18 against. It was subsequently sent to the Directing Board of San Lázaro for discussion in the upcoming Legislature starting on September 1, 2024, which is expected to have a qualified majority.
Once approved by the Lower House in plenary, the reform will move to the Senate. Here, the ruling coalition will need three additional votes to secure a qualified majority.
### Key Components of AMLO’s Judicial Reform
1. **Abolishment of the Judicial Council:** The reform proposes replacing the current Judicial Council with two new entities: the Judicial Administration Body and the Judicial Discipline Tribunal responsible for overseeing the conduct of judges, magistrates, and justices.
2. **Reduced Tenure and Number of Justices:** The number of Supreme Court justices would be reduced from 11 to 9, and their terms shortened from 15 to 12 years. The current two chambers of the Supreme Court would be merged, leaving only the plenary to deliberate on all cases.
3. **Public Sessions:** All full sessions of the Supreme Court will be public, as stipulated by the new law.
4. **New Election Method:** Judges, magistrates, and justices would be elected in two phases—first in June 2025 and then in 2027. Campaigns will be equitable, giving candidates access to media but banning external funding and endorsements.
5. **Abolishment of Trusts:** The reform would dissolve 13 out of 14 existing trusts in the judiciary, saving around 16 billion pesos, with only the Justice Administration Support Fund retained.
6. **Salary Cap:** Judicial officials’ salaries will be capped and must not exceed that of the President of the Republic.
7. **Eligibility and Selection:** The age limit for being a judge or magistrate will be removed. No prior experience will be required, and candidates will be randomly selected through a lottery system. Election ballots will feature numerous names, allowing citizens to vote for their preferred candidates directly.
8. **Face-less Judges:** To safeguard judges from organized crime, drug trafficking, and terrorism, an anonymized judge figure will be introduced. This measure, however, has been criticized by the Inter-American Court of Human Rights (CIDH) for potentially infringing on defendants’ rights to a fair trial.
The reform mandates that each of Mexico’s 32 states adapt this federal legislation to their own, impacting around 5,025 local judges. However, individual states have discretion on when and how to implement these reforms.
### Related Article: Growing Debate Over Judicial Independence Concerns
As the reform heads to the Senate, many legal experts and opposition members voice concerns over its broader implications. Critics argue that the abolition of the Judicial Council and the introduction of popular votes for selecting judges could undermine judicial independence, making the judiciary susceptible to political swings. Concerns are also raised over the technical feasibility and fairness of randomly selecting judges and magistrates.
The debate taps into larger issues of governance, highlighting the tension between judicial autonomy and democratic control. Seeking international perspectives, advocacy groups have called for interventions from global judicial bodies to ensure that essential checks and balances remain intact.
For now, the reform awaits critical scrutiny from the Senate, where its final shape and acceptance will ultimately define the future landscape of Mexico’s judicial process.
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