New requirements and appointment process for the Justices of the Supreme Court of Justice ("SCJN") as a result of the Judicial Reform

In our commitment to keeping you informed about the latest legal developments, this newsletter addresses the new requirements and appointment process for the Justices of the Supreme Court of Justice ("SCJN") as a result of the Judicial Reform.

Prior to the reform, to be a Justice of the SCJN, the following requirements had to be met:

• Be a Mexican citizen by birth.

• Be at least 35 years old at the time of appointment.

• Hold a law degree with a minimum of 10 years of issuance, granted by a legally authorized institution.

• Have good reputation, and not have been convicted of a crime warranting prison sentence of more than one year and/or a serious crime that affects public trust, such as theft, fraud, forgery, or breach of trust.

• Have resided in the country for two years prior to the day of the appointment.

• Not have served as Secretary of State, Attorney General of the Republic, Senator, Federal Deputy, or head of the executive branch in any state entity for one year prior to the day of appointment.

Likewise, under the previous legal framework, the appointment process for SCJN Justices was as follows:

1. The President would propose a shortlist of candidates to the Senate.

2. The Senate would evaluate the proposed candidates and one was selected by a two-thirds majority of the present senators, within a non-extendable period of 30 days.

3. If the Senate did not reach a decision within that period, the President could appoint one of the candidates from the shortlist.

4. If the Senate rejected the proposed shortlist, the President was required to submit a new shortlist. If this second shortlist was also rejected, the President had the authority to directly appoint one of the candidates.

Now, to be eligible candidates must meet the following requirements:

• Be a Mexican citizen by birth.

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

• Have at least five years of professional experience in the legal field.

• Have a good reputation and must not have been convicted of any crime warranting a prison sentence of more than one year and/or any serious crime that affects public trust, such as theft, fraud, forgery, or breach of trust.

• Have resided in the country for two years prior to the day the call for candidacies is published.
• Not have served as Secretary of State, Attorney General of the Republic, Senator, Federal Deputy, or head of the executive branch in any state for one year prior to the publication of the call for candidacies.

On the other hand, the appointment process for Supreme Court Justices has changed significantly. Now, Justices will be elected freely, directly, and secretly by the citizens, following this process:

1. Call for Candidacies: The Senate 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 interested individuals who meet the requirements to become a Justice.

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. Listing: Each Evaluation Committee will prepare a list of the top ten candidates.

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 (National Level): In order 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 SCJN Justice positions, the Executive Branch may nominate up to three candidates, 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).

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

5. Election Preparation: A preparatory stage for the election will begin with the first session held by the General Council of the INE within the first seven days of September of the year preceding the election.

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

Public or private financing of candidates' campaigns will be prohibited, as will the contracting of media for promotional purposes. Furthermore, political parties and public officials will not be permitted to position themselves for or against any candidacy.

For SCJN Justice positions, up to five women and four men must be elected.

6. Results and Validation: The INE will publish the election results, which will then be submitted to the Superior Chamber of the Electoral Court for validation.

7. Term: Justices will serve a 12-year term, without the possibility of re-election.

At Ramos, Ripoll & Schuster we are at your disposal to provide 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