Mexico has made history as the first nation to permit voters to elect judges at all levels, following dramatic protests that temporarily halted the debate on the reform. On Wednesday, the reform was approved with 86 votes in favor and 41 against, achieving the two-thirds majority required to amend the constitution. This milestone was achieved in an upper chamber largely controlled by the ruling Morena party and its allies.
Outgoing President Andres Manuel Lopez Obrador championed the reform, criticizing the existing judicial system for favoring the political and economic elite. The approval process saw significant unrest, including protesters storming the Senate chamber, which led to a temporary suspension of the debate. Lawmakers were relocated to a former Senate building to continue their discussions.
Obrador argued that the protests were a defense of elite privileges, suggesting that the judiciary was previously serving the powerful rather than the public. The reform, which will require around 1,600 judges to stand for election in 2025 or 2027, has drawn criticism from opponents including court employees and law students. They argue that the change could undermine judicial independence.
Margaret Satterthwaite, UN special rapporteur on the independence of judges and lawyers, noted that while some countries have elected judges at state or local levels, Mexico’s approach is unique on a national scale.
Supreme Court Chief Justice Norma Pina warned that elected judges might face increased pressure from criminal elements, particularly in a country plagued by powerful drug cartels. Despite these concerns, the reform was passed last week in the lower house, with ruling party lawmakers meeting in a sports center due to blocked access to Congress.
The debate and implementation of this reform are ongoing, with the Supreme Court considering its jurisdiction over the changes, though Obrador has dismissed the possibility of legal intervention.
