Changes in the Selection Process and Role of District Judges Following the Judicial Reform

At Ramos Ripoll & Schuster, we remain committed to keeping you informed about the latest changes in the legal field. This bulletin focuses on the changes for the selection, tenure, and responsibilities of District Judges as a result of the Constitutional Reform.

Firstly, it is important to note that District Judges serve a fundamental role as the first point of contact at the federal level for resolving disputes. Their functions include: 

• Handling civil and commercial disputes (federal level).

• Handling federal criminal cases.

• Resolving disputes in administrative matters.

• Addressing cases involving the protection of citizens' fundamental rights.

Prior to the reform, the process for becoming a District Judge was as follows:

1.The Federal Judicial Council evaluated the candidates' qualifications and conducted internal competitions for appointments.

2. District Judges were sworn in before the Supreme Court of Justice and the Federal Judicial Council.

Their term lasted six years, with the possibility of reappointment.

 According to the reform, the new requirements to become a District Judge are as follows:

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

• Hold a legally issued law degree with a minimum GPA of 8.0 and a 9.0 GPA in subjects related to the position being applied for (in undergraduate, specialty, master's, or doctoral studies).

• Have at least three years of experience in a legal area relevant to the position.

• Have resided in the country for at least one year prior to the publication of the call for candidacies.

• Not have served as Secretary of State, General Attorney of the Republic, Senator, Federal Deputy, or head of the executive branch in any federal entity during the year prior to the publication of the call.

The selection process for District Judges now includes direct citizen participation. They will be elected freely, directly, and secretly, following this process: 

1. Call for Candidacies: The Senate of the Republic will issue a call for candidacies within 30 calendar days following the start of the first regular session of the year preceding the election.

Public, transparent, inclusive, and accessible mechanisms will be implemented to allow the participation of all individuals who meet the required qualifications.

1. Participation and evaluation: All candidates must submit an essay justifying their candidacy and five reference letters.

Each Branch of Government (Executive, Legislative, and Judicial) will form an Evaluation Committee composed of five individuals recognized in the legal field. These committees will evaluate the candidates and select the highest-rated ones, considering their honesty, good public reputation, competence, and academic and professional background. 

1. Lists: Each Evaluation Committee will create a list of the six highest-rated individuals for the position of District Judge.

Each list will be refined through a public random selection process to adjust it to the number of positions available for each position, ensuring gender parity.

Once the lists are adjusted, each Evaluation Committee will submit them to the authority representing each of the Union's Branches of Government for approval and subsequent submission to the Senate.

1. Election: The Senate will receive the nominations and forward the lists to the National Electoral Institute (INE) no later than February 12 of the election year to organize the election process, which will be carried out freely, directly, and secretly by the public on federal election day.

The Executive Branch may nominate up to 2 candidates, the Legislative Branch may nominate up to 2 candidates (one proposed by the Chamber of Deputies and one by the Senate with a qualified majority), and the Federal Judiciary may nominate up to 2 candidates (provided that a majority of six votes from the members of the Supreme Court of Justice is obtained). 

The Senate will include in the lists submitted to the INE individuals already holding the positions at the time the call is closed unless they decline their candidacy.

There will be a preparatory stage for the election, which will begin with the first session held by the INE General Council within the first seven days of September of the year prior to the election. The election will be conducted by judicial circuit. 

Candidates will have the right to access radio and television time, in accordance to the time allocations determined by the INE. Additionally, they may participate in debate forums.

Public or private financing of candidates' campaigns is prohibited, as is the contracting of media for promotional purposes. Political parties and public officials are also prohibited from supporting or opposing any candidacy.

1. Term: District Judges will serve a term of nine years and may be consecutively re-elected upon the conclusion of their term.

At Ramos Ripoll & Schuster, we are at your disposal to provide you with information or advice on the scope of this reform. 

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