Judicial Clash Over Reform

Judges and magistrates clash with CJF, defying suspensions for judicial reform. Legal turmoil escalates, underscoring the challenge to Mexico’s democratic system and the rule of law.

### Judges and Magistrates Clash with the Federal Judiciary Council Over Judicial Reform

On October 10, 2024, the National Association of Circuit Magistrates and District Judges expressed strong opposition to the Federal Judiciary Council (CJF). The CJF, with a majority vote, decided to proceed with implementing judicial reforms despite court-issued orders against it. The Association highlighted that this move undermines the rule of law and the principle of power separation in Mexico, marking a significant legal and institutional conflict.

The Association claims that the CJF disregarded judicial mandates, threatening the fundamental structure of Mexico’s democratic system. They emphasized the importance of respecting judicial decisions to maintain legitimacy and public trust in the country’s institutions. They also voiced concerns over the proposed lottery system for selecting new judges in 2025, arguing it violates human rights and diminishes institutional stability.

The decision to implement the reform despite legal suspensions raises constitutional crises and questions the democratic legitimacy of the Mexican government led by President Claudia Sheinbaum. The Association calls for the executive and legislative branches to adhere to democratic civility and respect institutional frameworks, stressing the critical role of judicial independence in a healthy democracy.

### Additional Information

In a recent development, José Gerardo Rodolfo Fernández Noroña, head of the Senate’s Directive Board, announced an upcoming procedure for the selection of new judicial officers, defying existing suspensions. This complex situation involves more than 70 provisional suspensions against the reform.

The CJF, in a closely contested session, decided to advance the implementation, disregarding the judicial suspension. This included a unanimous agreement on specific privileges and financial compensations to appease striking judicial associations.

Meanwhile, the CJF’s legal director challenged the legality of a suspension issued in Jalisco, arguing against what he sees as judicial activism. The Electoral Tribunal has confirmed their internal regulation to exclude political parties from participating in discussions related to judicial elections, aligning with the recent judicial reform.

The reform, viewed as controversial, faces significant opposition from political parties like PRI and PAN, who have filed actions of unconstitutionality with the Supreme Court, highlighting violations during the reform process. Despite these legal challenges, President Claudia Sheinbaum maintains the reforms are valid, though she acknowledges some inconsistencies that need addressing.

This ongoing legal turmoil illustrates the tension between different government branches and raises questions about the future of judicial reform and governance in Mexico.