Background and Context
On the upcoming Sunday, Mexicans will begin electing all their judges in an unprecedented global exercise. This move, championed by the left-leaning government as a solution to combat impunity, has sparked controversy. Critics argue that it will solidify an authoritarian regime and create loopholes for criminals.
The election stems from a reform initiated by former President Andrés Manuel López Obrador (2018-2024), who faced judicial obstruction to ambitious projects, including constitutional changes and large-scale infrastructure developments.
Arguments for and Against the Election
López Obrador’s successor and fellow party member, Claudia Sheinbaum, asserts that popular voting will help curb the alarming levels of impunity: 90% of cases remain unsentenced.
However, detractors claim the true intent is to control the judicial power and eliminate the last check on the ruling party, which dominates both the legislative branch and most governorships.
“Some say the people are uninformed. They’re very mistaken. The people are very intelligent and know who to vote for,” Sheinbaum, the president, insists, rejecting claims that Mexicans are indifferent to the election.
Nevertheless, surveys by El Universal and El País suggest that only half of the electorate knows the election date, and only four out of ten are certain to participate.
Political Context and Concerns
In a context of weakened opposition parties, activists have called for protests on Sunday against this initial phase, during which 2,600 federal judges and magistrates from 19 out of 32 states will be elected. The remaining 4,000 local judges will be voted on in 2027.
Although the process is supposedly nonpartisan, experts believe that the Supreme Court of Justice might end up with a majority favorable to the government.
Controversial Candidates and Concerns
In a country plagued by corruption and criminal violence, the election has heightened fears that judges may become subservient to political and economic power or threats from drug traffickers.
A critical NGO has identified 19 candidates accused of links to cartels, corruption, and sexual abuse.
Notably, Silvia Delgado, a former lawyer for Joaquín “El Chapo” Guzmán, now imprisoned in the US, is running for a judge position in Chihuahua.
The potential victory of questionable candidates can only be contested after the vote, involving thousands of aspirants chosen by the three branches of government.
The election also challenges judicial independence, as warned by Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers:
“There is a risk that candidates might seek to please voters or campaign backers to enhance their chances of re-election, compromising impartiality.”
Olimpia Rojas Luviano, a 28-year-old lawyer, argues that “justice is not something you vote for” because it requires specialized and experienced officials. She believes Mexican society is “not ready” for this exercise.
Confusion and Challenges
Impunity and distrust fuel Sheinbaum’s rhetoric, who, in her daily morning press conference, highlights judges she claims favor criminals and hinder justice administration.
Claudia Rojas, a civil lawyer with 48 years of experience, insists she “never gave a single cent to a judge or magistrate” to influence their rulings.
Experts argue that the release of many suspects often results from inadequate investigations by prosecutors, autonomous entities untouched by the proposed reform.
Additional complications include restrictions on candidate promotion, mostly relying on social media, and the complexity of voting.
In Mexico City, voters must mark nine ballots (six for federal judges and three for local ones). With only 3,414 federal candidates, results will be known starting June 2nd.
“I may have reservations, but I will still vote,” Rojas Luviano says. “Go out and participate; it’s not just about criticizing.”
Key Questions and Answers
- What is the purpose of this election? The Mexican government aims to reduce impunity by allowing citizens to elect judges directly.
- Who supports this initiative? The left-leaning government, led by President Andrés Manuel López Obrador, champions this reform.
- Who opposes it? Critics argue that this move will consolidate an authoritarian regime and compromise judicial independence.
- What are the concerns about candidate selection? There are worries that candidates might seek to please voters or campaign backers, compromising impartiality.
- How will the election process work? Mexicans will vote for both federal and local judges using multiple ballots. Results for federal positions will be announced starting June 2nd.
