MEXICO CITY.- The reform of the Judiciary continues to move forward, now with the next installation of the Evaluation Committees that will define the candidates for positions of judges, magistrates and ministers in the 2025 elections.
Each of the three Powers (Executive, Legislative y Judicial) will propose five members for said committees.
In accordance with the provisions of the judicial reform, the committees must be formed by October 31.
Evaluation Committees, how are they formed?
The Evaluation Committees will have five members, elected with gender parity, who have at least five years of legal work, indicates article 500 of the initiative. General Law of Electoral Procedures and Institutions.
The requirements that the members of the Committee must meet are: having Mexican nationality, a bachelor’s degree with at least five years of having been issued and not having been convicted of any crime.
As a limitation, it was established that they must not hold or have held any national or state leadership position in any political party in the three years prior to the designation.
It was not detailed about military or sympathizing with a political party.
What will the Evaluation Committees do?
15 calendar days after the integration of the Evaluation Committees, they will launch the calls to participate in the process for the election of the Judicial Branch.
The Committees will evaluate the profiles of the applicants and will select the applications.
These calls must include the stages, dates and deadlines applicable to the registration, evaluation and selection process of applications by the Committee.
Likewise, they will define the mechanisms, formats and other means to register. Each committee must have a methodology for evaluating the suitability of applicants.
“Candidacies that have been rejected may challenge that decision before the Electoral Court or before the Supreme Court of Justice of the Nation,” establishes the General Law of Electoral Procedures and Institutions.
However, a deadline was not established for the challenges to be resolved so that applicants can participate in the suitability evaluation, no later than January 31, 2025.
Dates of the process for election of the Judicial Branch
The deadline to register for the call for the election of judges will be from November 5 to November 24, 2024.
The Evaluation Committees will compile and publish, with a deadline of December 14, 2024, the list of registered applicants who meet the requirements to be eligible.
As reported, the Committees will conduct public interviews with the candidates they consider most suitable to evaluate their technical knowledge for the performance of the position and their competence.
Subsequently, the Committees will select the 10 best evaluated profiles for each position in the Supreme Court of Justice of the Nation (SCJN), magistrates of the Upper Room and regional rooms of the Electoral Court and members of the Judicial Disciplinary Court.
They will also elect six people for each position of magistrates of the Collegiate Circuit Courts y Collegiate Courts of Appealas well as the judges who are members of the District Courts.
These lists will be sent to each Power to express their total or partial agreement with the finalist candidates, this before an insaculation or drawing.
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**Interview with Dr. Laura Martinez, Legal Expert and Professor at the National Autonomous University of Mexico**
**Interviewer:** Thank you for joining us today, Dr. Martinez. The International Bar Association has expressed concerns regarding the swift advancement of Mexico’s judicial reform. From your perspective, what are the main implications of this rapid reform process?
**Dr. Martinez:** Thank you for having me. The IBA’s concerns are indeed valid. Rapid reforms can lead to a lack of careful consideration of the consequences, especially for a system as intricate as the judiciary. If the reform is rushed, it may not effectively address the existing issues within the justice system, such as corruption and inefficiency. Furthermore, it raises concerns about the integrity of the selection process for judges, magistrates, and ministers.
**Interviewer:** The establishment of Evaluation Committees is a crucial part of this reform. How do you perceive their role in ensuring judiciary independence?
**Dr. Martinez:** The Evaluation Committees are tasked with a significant responsibility. They will decide on candidates for key judicial positions based on their assessments. It is crucial that these committees operate transparently and objectively to maintain the independence of the judiciary. However, if members of these committees have political affiliations or biases, it could undermine their credibility and the neutrality expected within the judicial system.
**Interviewer:** According to the reform, the committees must be formed by the end of October, with specific criteria regarding their composition. Do you think these criteria sufficiently ensure the quality and integrity of the members?
**Dr. Martinez:** The criteria, such as requiring five years of legal practice and avoiding recent political positions, are a step in the right direction. However, it leaves room for interpretation regarding prior associations with political parties, especially concerning military ties or sympathies. The lack of clarity could lead to potential conflicts of interest. Ensuring diverse and impartial representation in these committees is essential to foster an independent judiciary.
**Interviewer:** The evaluation process must also be transparent, but the details around the challenges to rejected candidacies seem vague. What impact could this have on the process?
**Dr. Martinez:** The vague timelines for addressing challenges to candidacies could create uncertainty and potentially discourage qualified candidates from applying. Efficient resolution mechanisms are critical to maintaining trust in the process. Without clearly defined timelines, applicants may feel that their grievances are ignored or that there is an inherent bias in the system.
**Interviewer:** In your view, what can be done to address the concerns raised by the IBA and to ensure a smooth judicial reform process?
**Dr. Martinez:** Engagement with civil society and transparent public discussions about the reform are key. It’s important for the government to incorporate feedback from legal practitioners, human rights advocates, and the public to build consensus and trust. They need to prioritize stability and integrity in the judicial process, ensuring that reforms are not only timely but also effective in promoting justice rather than merely reshaping structures.
**Interviewer:** Thank you, Dr. Martinez, for sharing your insights on such a critical issue. We appreciate your time!
**Dr. Martinez:** Thank you for having me. It’s important to keep the dialogue open on these matters.
