Changes in the Selection and Function of Circuit Court Judges

At Ramos, Ripoll & Schuster, we remain committed to informing you about the most recent changes in the legal field. This newslettler focuses on the modifications for the selection, duration and responsibilities of higher hierrarchy Judges (in Mexico, Judges that are higher in hierrarchy than District Judges, but below Supreme Court Justices, are called “Magistrados”), as a result of the Judicial Reform.

As a first point, it is important to mention that there are different types of higher hierrarchy Judges in the Judicial Branch, each with specific roles:

• Judges of the Electoral Court (TEPJF):

• Judges of the Superior Chamber: Responsible for resolving matters related to federal electoral processes.

• Judges of the Regional Chambers: Attending to specific geographical areas, they review matters that arise in state and local electoral processes.

• Judges of the Judicial Disciplinary Tribunal: Tasked with overseeing and sanctioning the actions of lower hierrarchy judges within the Judicial Branch, as well as safeguarding the integrity of the judicial system. (These Judges were just established as a result of the Judicial Reform).

• Circuit Court Judges: Responsible for hearing appeals and reviewing judgments issued by District Judges.

Prior to the reform, the requirements to become a higher hierrarchy Judges were as follows:

• Be a Mexican citizen by birth, with full exercise of their civil and political rights.

• Hold a law degree, with at least 10 years of experience.

• Have a good reputation and not have been convicted of serious crimes that affected the public trust.

• Be appointed and assigned by the Federal Judiciary Council (CJF), following objective criteria and established legal procedures.

The appointment process was as follows:

The CJF assessed the merits of candidates and held internal competitions to make the corresponding appointments. Candidates were then sworn in before the Senate and held their positions for six years, with the possibility of reappointment.

Following the Judicial Reform, the new requirements to become a higher hierrarchy Judges are as follows:

• Be a Mexican citizen by birth, with full exercise of civil and political rights.

• Hold a law degree with a minimum GPA of 8.0, and an overall average of 9.0 in studies related to the position (whether at the undergraduate, specialty, master’s, or doctoral level).

• In the case of candidates for Judges of the TEPJF and Judges of the Judicial Disciplinary Tribunal, a minimum of five years of relevant legal experience is required.

• In the case of candidates for Circuit Court Judges, a minimum of three years of relevant legal experience is required.

• Have resided in Mexico during the year prior to the publication of the call for applications.

• Not have held positions such as Secretary of State, Attorney General of the Republic, Senator, Federal Deputy, or Governor within one year prior to the publication of the call.

The selection process for higher hierrarchy Judges now includes the direct participation of citizens.  Candidates will be elected freely, directly, and by secret ballot according to the following procedure:

1. Announcement: The Senate of the Republic will publish a call for nominations within 30 calendar days following the start of the first ordinary legislative session of the year preceding the election.

Public, transparent, inclusive, and accessible mechanisms will be implemented to allow the participation of all qualified individuals.

2. Participation and evaluation: All candidates must submit an essay justifying their  candidacy, along with five reference letters.

Each branch of government (Executive, Legislative, and Judicial) will form an Evaluation Committee composed of five recognized legal professionals. These committees will evaluate the candidates, selecting the most qualified based on their honesty, public reputation, competence, and academic and professional background.

3. Lists: Each Evaluation Committee will prepare a list of the top ten candidates for Judges of the Superior and Regional Chambers of the TEPJF and members of the Judicial Disciplinary Tribunal.  A list of top six candidates will be prepared for the case of Circuit Court Judges.

Each Evaluation Committee will prepare a list of the ten best evaluated people for the position of Judge of the Superior Chamber and Regional Chambers of the TEPJF and members of the Judicial Disciplinary Tribunal; and of the six best evaluated people for the position of Circuit Court Judge.

This list will be refined through a public drawing process to adjust it to the number of candidacies for each position, ensuring gender parity.

Once the lists have been adjusted, each Evaluation Committee will submit them to the representative authority of each branch of government for approval and subsequent submission to the Senate.

4. Election: To organize the electoral process, the Senate will receive the candidacies and forward the lists to the National Electoral Institute (INE) no later than February 12 of the election year. This election will be conducted freely, directly, and secretly by the citizens on the day of the federal elections.                

For Judges of the Superior and Regional Chambers of the TEPJF, and members of the Judicial Disciplinary Tribunal, the Legislative Branch may nominate up to three candidates, (one proposed by the Chamber of Deputies and two by the Senate, by qualified majority), and the Federal Judicial Branch may nominate up to three candidates (provided a majority of six votes is obtained from SCJN Justices).

For Circuit Court Judges, the Executive Branch may nominate up to two candidates (one proposed by the Chamber of Deputies and two by the Senate, by qualified majority), and the Judicial Branch of the Federation, may nominate up to two candidates (provided a majority of six votes is obtained from SCJN Justices).

The Senate will include in the lists submitted to the INE the names of individuals currently holding office, unless they decline their candidacy.

There will be a preparatory stage for the election, beginning with the first session held by the General Council of the INE within the first seven days of September of the year prior to the election.

In the case of a Judge for the Superior Chamber of the TEPJF and Judges of the Judicial Disciplinary Tribunal, the election will be conducted at the national level.

In the case of a Judge for the Regional Chamber, the election will be conducted by electoral districts.

In the case of a CircuitCourt Judge, the election will be conducted by thjudicial circuit.

Candidates will have the right to access radio and television airtime in accordance with the time allocations determined by the INE. In addition, they will be allowed to participate in discussion forums.

Public or private financing of candidates' campaigns will be prohibited, as will the hiring of media outlets for promotional purposes. Likewise, political parties and public officials may not endorse or oppose any candidacy.

5. Composition of the Judicial Bodies:

For the positions of Judges of the Judicial Disciplinary Tribunal, up to three women and up to two men may be elected.

For the positions of Judges of the Electoral Superior Chamber, up to two women and up to two men may be elected.

For the positions of Judges of the Electroal Regional Chambers, up to two women and one man may be elected for each chamber.

For the positions of Circuit Court Judges, up to five women and up to five men may be elected.

6. Duration of Position:

The Judges of the Superior Chamber and Regional Chambers of the TEPJF, as well as the members of the Judicial Disciplinary Tribunal, will serve a six-year, non-extendable term.

Circuit Court Judges shall hold office for nine years and may be re-elected consecutively at the end of their term.

Practice area: Litigation

Members:

Alejandro Schuster

aschuster@rrs.com.mx

Jessica Ledesma

jledesma@rrs.com.mx

José Eduardo González

jgonzalez@rrs.com.mx

Alan Barajas

abarajas@rrs.com.mx

Alfonso Valdés

avaldes@rrs.com.mx

Diego Escobedo

descobedo@rrs.com.mx

Sarah Dávila

sdavila@rrs.com.mx

Javier Tavares

jtavares@rrs.com.mx