Mexico recently passed sweeping judicial reforms. These reforms, which are to be phased in between 2025 and 2027, include various elements including a relaxation of the required qualifications for judicial service, shorter tenures, reduced salaries, and new oversight bodies. But by far the most consequential change is the introduction of judicial elections, which will make Mexico the first country to directly elect almost all its judges. (The elections will not be fully open, however, as the slate of candidates for each judicial position will be determined by evaluation committees, subject to veto of particular candidates by the executive, the legislature, and the judiciary.) Although proponents advanced many arguments in favor of this “high-stakes experiment,” anticorruption featured prominently. Indeed, the introduction of judicial elections was championed by former President López Obrador and his Morena party as a way to rid the Mexican judiciary of corruption by making judges responsive to the people, rather than big business or organized crime.
Judicial corruption is indeed a serious problem in Mexico. Bribery is commonplace in local and state courts, and also occurs, though not as frequently, in federal courts. Reportedly, large tax cases “get decided with a phone call or bag of money,” while the outcomes of criminal cases are often manipulated through “a combination of both fear and bribery.” But introducing judicial elections is unlikely to ”cleanse the judicial system of corruption”, and may actually make the corruption problem worse: Continue reading