By means of this informative note, we would like to inform you about the relevant changes derived from the Judicial Reform, published on September 15, 2024 in the Official Gazette of the Federation (“DOF”), among which we highlight the popular election of judges and magistrates, the reduction of the number of ministers of the Supreme Court of Justice of the Nation, as well as the creation of new judicial institutions.
The Reform includes several changes such as the popular election of judges and magistrates, the reduction of the number of ministers of the Supreme Court of Justice of the Nation (“SCJN”), as well as the creation of new judicial institutions.
Regarding the popular election of judges, as of 2025, judges, magistrates and ministers of the SCJN will be elected by popular vote. This change seeks to democratize access to justice and increase transparency. However, it has generated controversy, as it is feared that the popular election will politicize justice and favor candidates with political connections.
Regarding the reduction in the number of minsters of the SCJN, the number of minsters will be reduced from 11 to 9. In addition, the presidency of the SCJN will be renewed every two years on a rotating basis, based on the number of votes obtained by each candidate.
This change is intended to streamline the operation of the SCJN.
As for the creation of new institutions, two main ones are established: the Judicial Administration Body and the Judicial Discipline Tribunal.
The former will be in charge of the administrative management of the Judicial Power, while the latter will supervise and sanction judicial officials who incur in misconduct.
Likewise, these changes seek to improve the efficiency and transparency of the judicial system.
Regarding the requirements for judicial candidacies, applicants for judicial positions must meet several requirements, including a professional law degree, at least 5 years of experience in the legal profession, and submit essays and letters of reference. These requirements are intended to ensure the proper preparation of the candidates.
Finally, the Reform has been a source of controversy due to the transcendental changes and risks it presents, as international organizations have stated due to the risks it entails, since the Judicial Power is in charge of imparting and distributing justice, as well as protecting the Constitutional order, safeguarding the counterweights.
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