## Constitutional Reform Ends Judicial Independence (Part Two)
By Benigno Licea González
September 28, 2024
“There will always be madmen, and those who think they can cure them are the maddest of all.” – Voltaire
The recent constitutional reform in Mexico carries severe implications for the independence of the judiciary. Judges may now face external pressures when making decisions, due to political commitments or affiliations. This alarming scenario is particularly troubling in a country plagued by organized crime and drug cartels, where these groups could theoretically install their own judges by backing certain legal candidates.
Under the new reform, the federal and state powers possess the authority to propose, approve, and nominate judicial candidates. The President can put forward three nominees for the Supreme Court, while the Chamber of Deputies can nominate one person, and the Senate can nominate two individuals. For judges and magistrates, each power can propose two candidates per position.
This system guarantees that party-affiliated or politically controlled judges will dominate the judiciary, misleading the Mexican public into thinking they are electing an independent judiciary when it is actually a facade. Competence and experience could become secondary to political alignment and favor, diminishing the overall quality of judicial appointments.
Illustratively, the Congress of Oaxaca approved the reform within 20 minutes of its passage at the federal level, following orders without hesitation. Similarly, Baja California’s legislature showed swift compliance with the new mandate.
The executive branch’s initiative initially advised that candidacies should be selected from individuals who have demonstrated efficiency, capability, and integrity in justice administration or have distinguished themselves in the legal field through their honor, competence, and professional background. However, the Constitutional Points Commission determined additional criteria irrelevant to judicial experience for candidacy eligibility, such as:
– Being a Mexican citizen by birth with full civil and political rights.
– Having a clean reputation.
– Not having been convicted of a serious crime.
– Having resided in the country for one or two years before the announcement (depending on the role).
– Not holding significant political positions within a year prior to the announcement.
– Maintaining certain academic standards, including a minimum GPA in relevant law courses.
Candidates also need to submit a three-page essay justifying their application and provide five reference letters from acquaintances, a stipulation that does not necessarily attest to their understanding of judicial functions.
Benigno Licea González, PhD in Criminal and Constitutional Law, is the president of the Legal and Forensic Sciences College of Baja California.
Contact: [email protected]
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### Secondary Article
**Mexican Constitutional Reform Sparks Controversy**
**September 29, 2024**
The controversial reform to Mexico’s constitution, which reshaped the process of nominating judicial candidates, has drawn widespread criticism from legal experts and human rights activists. Critics argue that the changes significantly undermine the independence of the judiciary by placing control of the nomination process in the hands of political bodies and removing necessary safeguards that previously ensured judicial impartiality.
Justice advocacy groups fear that organized crime figures could manipulate this new system to install compliant judges, exacerbating the country’s already severe issues with corruption and impunity. The legislative rush to approve the reforms without thorough debate, as seen in states like Oaxaca and Baja California, has fueled suspicions about the transparency and intentions behind these changes.
Proponents of the reform claim it will democratize judicial appointments, but opponents counter that it instead embeds political bias deeply within the judiciary. With nearly all sectors of the political spectrum raising alarms, it remains to be seen how this dramatic shift will impact the rule of law in Mexico.
For further developments on this story, visit TJGringo.com.