Mexico’s First Judicial Elections: A New Era or a Risky Gamble?

Mexicans will vote Sunday in the country’s first judicial elections, a move that has been met with both excitement and concern. The vote comes as power in Mexico has been increasingly concentrated in the president’s office, and organized crime wields significant influence in many parts of the country.

Concerns Over Judicial Independence

Critics worry that electing judges will weaken checks and balances on government and stack the courts in favor of the ruling party. They argue that this could lead to a concentration of power within all three branches of government.

Former President Andrés Manuel López Obrador led the push for a new system where citizens would directly select judges instead of relying on lawyers’ associations or other groups to recommend candidates. López Obrador was at odds with Mexican courts, which regularly struck down his reform proposals.

Key Features of the Overhaul

The judicial overhaul includes several significant changes:

• Term Limits: Sets term limits for high-ranking federal prosecutors who investigate crimes against public servants.
• Congressional Approval: Requires federal prosecutors (except those investigating crimes against public servants) to get approval from Congress before bringing charges against anyone accused by lawmakers.

Sheinbaum continues to champion this overhaul, stating it aims to prevent abuses of power within all three branches of government. However, critics argue it will allow presidents like López Obrador to take control over the courts and stack them with loyalists from his party.

Public Sentiment and Voter Awareness

In theory, having citizens select their own judges through popular vote is key to purging corruption from the courts. José Antonio Ortega Martínez, an opposition senator who initially opposed Sheinbaum’s proposal but now supports her re-election bid as Mexico City mayor, stated:

“They know there are two options: one is more corrupt than another.”

However, some experts warn that voters may not have enough information about candidates running for judge positions. In Mexico City alone, there are 14 seats up for election across five electoral districts, each representing around 2 million people. Candidates must collect signatures from at least 1% of residents living within their districts.

Supreme Court Rulings and Candidate Qualifications

Mexico’s Supreme Court ruled last week that any candidate can run regardless of experience or qualifications. This means even individuals who don’t meet basic requirements, such as being registered attorneys, can still run. This decision has raised concerns among many legal professionals, as it undermines confidence in institutions involved in training lawyers.

Carlos Sada Solana, former attorney general under President Felipe Calderón, expressed concern:

“It sends an unfortunate signal: If you don’t have credentials or experience, you can still be elected judge.”

The Supreme Court also ruled that only those who live within their respective districts can run; however, they do not need to be registered residents. As long as they live there temporarily, they technically qualify.

Ongoing Criminal Investigations

In recent months, Mexican authorities have arrested several dozen suspected members of organized crime groups during raids conducted across six states. These operations were aimed at gathering evidence related to activities such as extortion, money laundering, and drug trafficking.

Mexican officials announced plans following these searches, resulting in over forty arrests linked to various criminal organizations. Mexican Attorney General Alejandro Gómez Guerra emphasized the importance of cooperation between federal, state, and local governments to effectively combat transnational criminal networks operating along the US-Mexico border.

Investigations are ongoing into possible connections between seized assets found during search operations and major cartels operating regionally and nationwide.