Reform to the Federal Judicial Branch.

The constitutional reform initiative that modifies the Federal Judicial Branch has already been approved by both chambers of Congress and is now being reviewed by the missing state legislatures. This reform involves significant changes that will take effect in September 2025, which presents challenges for judicial procedures initiated before that date.

Key Modifications:

1. Supreme Court of Justice of the Nation (“SCJN” for its acronyms in Spanish):

The reform reduces the number of ministers from 11 to 9 and increases their term of office to 11 years without the possibility of re-election.

The current chamber system is eliminated, meaning that the Plenary will be the sole body responsible for resolving all admitted cases in the SCJN. In addition, in order to form binding precedents, 6 votes of the 9 ministers will be required.

This redesign aims to relieve the workload of the Plenary of the SCJN, allowing it to focus on cases of greater constitutional importance.

2. Election of Judges and Magistrates:

The ministers of the SCJN, as well as other judges and magistrates, will be elected through direct, free, and secret popular vote.

The selection process will be coordinated by the Senate, which must issue a call for candidates. The Executive, Legislative, and Judicial branches will each propose candidates, and the National Electoral Institute (“INE” for its acronyms in Spanish) will organize the elections.

Candidates will not be allowed to receive private funding or promote their campaigns through the media. Political parties are also prohibited from supporting or opposing candidates.

Strict requirements are set for candidates, including holding a law degree with a high GPA, having a good reputation, and not having held certain public offices in the year prior to the call for elections.

3. Replacement of the Federal Judicial Council:

The Federal Judicial Council will be replaced by the Judicial Disciplinary Tribunal, which will investigate and sanction judicial officials for actions contrary to the law or justice, including corruption, nepotism, or undue influence.

The Tribunal will operate in Plenary and in commissions, which will resolve administrative responsibility cases in the first instance. The Plenary will serve as the final and unappealable instance.

The Tribunal will also evaluate the performance of elected judges and magistrates.

4. Judicial Administration Body:

A Judicial Administration Body will be created to manage the administration and budget of the Judicial Branch, as well as the territorial organization and specialization of courts.

This body will be composed of 5 members with a non-extendable 6-year term and will be responsible for preparing the Judicial’s Branch budget.

5. Budgetary Measures:

The salaries of judges, magistrates, and ministers cannot exceed that of the President of the Republic.

The right to retirement benefits for ministers of the SCJN will be eliminated unless they resign before the election call.

The creation or maintenance of funds, trusts, or similar contracts not provided by law is prohibited, reinforcing the elimination of trusts enacted in 2023.

6. New Procedural Rules:

The reform imposes maximum deadlines for issuing judicial resolutions to expedite procedures. It also prohibits general effects in suspensions of constitutional shelter and resolutions from constitutional controversies or unconstitutionality actions.

This measure had already been included in the Constitutional Shelter Law in June 2023, but the reform elevates it to a constitutional level. It limits the possibility of suspending general norms while cases are resolved.

Cases initiated before the reform that have not been concluded will have a 6-month deadline to be resolved after the reform’s implementation. If not, the delay must be justified before the Judicial Disciplinary Tribunal.

Recomendations:

Given these changes, it is recommended to expedite ongoing cases and litigation to obtain a resolution before the political-judicial transition scheduled for September 2025, to avoid potential delays resulting from the implementation of the reform.

Jair Bravo Gutiérrez
Socio Administrador / Managing Partner
jbravo@j-bravo.com

52-81-24748538
www.j-bravo.com
Blvd. Antonio L. Rodríguez 3000, Colonia Santa María, 5to piso, Interior 501 Torre Albia, C.P. 64650 Mty, N.L., México T.