Mexican Judges Take Unprecedented Action Over New Judicial Reforms

Mexican judges are striking to oppose judicial reforms that could compromise their independence and the rule of law.

At a Glance

Federal judges in Mexico voted to strike over President López Obrador’s proposed judicial overhaul.
Thousands of court employees already on an indefinite strike joined in solidarity.
Proposed reforms would require judges to be elected, threatening judicial impartiality.
Critics fear the changes will lead to unqualified judges and a concentration of power.

Federal Judges Join Striking Court Employees

Federal judges in Mexico have joined thousands of court employees in a strike against President Andrés Manuel López Obrador’s proposed judicial reforms. These employees had already initiated an indefinite strike earlier in the day, protesting the proposed changes. Over 1,400 judges and magistrates are expected to join the strike on Wednesday, highlighting widespread unrest within Mexico’s judicial community.

The proposed reforms, which include electing judges instead of appointing them based on qualifications, have been widely criticized. Critics argue these changes could lead to judicial appointments being based on popularity rather than expertise, undermining the judiciary’s independence. Juana Fuentes, national director of Mexico’s association of federal judges and magistrates, criticized the proposal, warning it could lead to a concentration of power.

López Obrador’s Push for Reform Amidst Criticism

President López Obrador argues the reforms aim to eliminate corruption and privileges within the judiciary. However, critics fear the changes could allow unqualified individuals to be elected as judges, threatening the rule of law. One significant aspect of the reforms includes the so-called “Zaldívar Law,” a judicial reform bill that extends Supreme Court President Arturo Zaldívar’s term by two years. This move contravenes the Mexican constitution, which prohibits consecutive terms for the Supreme Court president.

“The Mexican constitution states that every four years, the members of Mexico’s Supreme Court will elect a president from among themselves and that the Supreme Court president cannot be re-elected to another consecutive term.” – Human Rights Watch

The reforms have also met opposition from unionized court employees, who locked gates at several courthouses in protest. They cited threats to checks and balances, working conditions, benefits, and salaries. López Obrador aims to pass these measures in September, his last month in office, leveraging a large congressional majority from his Morena party and allied lawmakers.

Employees at Mexico's federal courts go on strike over reforms that make judges stand for electionhttps://t.co/2tjZnl2Chi

— Voice of America (@VOANews) August 20, 2024

Impact on Judicial Independence and Rule of Law

These reforms are seen as an attempt by President López Obrador to control the judiciary. Critics argue this undermines judicial independence and the rule of law, crucial components for protecting human rights and public liberties in Mexico. Arturo Zaldívar, now showing ambivalence towards the reform, has previously ruled in favor of López Obrador on controversial decisions, affecting the credibility of the judicial system.

“If this bill passes, we will be creating a regime of absolute power concentrated in one single person,” said Juana Fuentes, strike organizer.

Zaldívar heads the Federal Judiciary Council, which governs Mexico’s judicial system. This council can influence judicial appointments, dismissals, and case consolidations. As it currently stands, a majority on the council potentially aligns with López Obrador, raising concerns about governmental influence over the judiciary.

Employees at Mexico’s federal courts went on strike on Monday over reforms that would make all judges stand for election as part of judicial reforms proposed by outgoing President Andrés Manuel López Obrador.

Back in 🇲🇽, for @AP: https://t.co/A5rCqpFaMn

— Megan Janetsky (@meganjanetsky) August 19, 2024

The Future of Judicial Reforms in Mexico

The strike by Mexican judges and court employees underscores the severe concerns and resistance within the legal community against the proposed reforms. While aiming to eliminate corruption, President López Obrador’s proposed judicial overhaul could compromise judicial independence, threatening the tenets of democracy.

“It’s a way to put an end to judicial power, a violation of the separation of powers,” said Román Mojica, adding that it’s not the “way to improve a justice system.”

As López Obrador seeks to push through his measures, the nation remains divided on the future direction of its judicial system. The outcome of this dispute will significantly impact Mexico’s legal landscape, judicial impartiality, and integrity moving forward.