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Will Mexico's judicial elections hurt democracy or make the courts accountable?
Will Mexico's judicial elections hurt democracy or make the courts accountable?

Washington Post

time3 days ago

  • General
  • Washington Post

Will Mexico's judicial elections hurt democracy or make the courts accountable?

MEXICO CITY — Mexicans will vote in the country's first judicial elections Sunday. The fiercely debated question is whether electing judges will deepen democratic decay or purge courts of rampant corruption and impunity. The vote comes as power in Mexico has been increasingly concentrated in the popular president's office, and as organized crime wields significant political influence in many parts of the country. Critics worry that electing judges will weaken checks and balances on government and stack the courts in favor of the ruling party.

Will Mexico's judicial elections hurt democracy or make the courts accountable?
Will Mexico's judicial elections hurt democracy or make the courts accountable?

Associated Press

time3 days ago

  • Business
  • Associated Press

Will Mexico's judicial elections hurt democracy or make the courts accountable?

MEXICO CITY (AP) — Mexicans will vote in the country's first judicial elections Sunday. The fiercely debated question is whether electing judges will deepen democratic decay or purge courts of rampant corruption and impunity. The vote comes as power in Mexico has been increasingly concentrated in the popular president's office, and as organized crime wields significant political influence in many parts of the country. Critics worry that electing judges will weaken checks and balances on government and stack the courts in favor of the ruling party. Judges and court staff previously earned their positions through merit and experience. Now the election has more than 7,700 candidates vying for more than 2,600 judicial positions, including on Mexico's Supreme Court. Hundreds more positions will be elected in 2027. 'We've never seen something like this before. What Mexico is doing is like an experiment, and we don't know what the outcome of it will be,' said Carin Zissis, director of the Council of the Americas' Washington office. Mexico's ruling party overhauls the courts Mexico's judicial elections will pick judges across every level of government, an unprecedented situation globally. Former President Andrés Manuel López Obrador led the push for the overhaul. The highly popular leader was long at odds with Mexican courts, which regularly struck down reform proposals and halted projects they called an overreach of executive power. López Obrador went as far as publicly criticizing judges in his press briefings. Last September, after dominating presidential and legislative elections, his Morena party jammed the constitutional reform through congress. His ally and successor, President Claudia Sheinbaum, has continued to champion it. The overhaul notably put limits on the Supreme Court's power to widely block presidential actions and laws, and set up a disciplinary tribunal for judges. 'The way I see it, the Supreme Court is going to once again become irrelevant, just like it was in the old days of authoritarian rule ... when its ability to monitor constitutionality was basically null,' said Rafael Estada, a constitutional historian. Sheinbaum and López Obrador have asserted that by popularly electing judges, they can root out corruption in the judiciary and bring the branch closer to the people. 'Who is going to choose the judges on the court now? The Mexican people. That's the big difference between what once was and what now is,' Sheinbaum said Monday as she called on Mexicans to vote. 'And that,' she added, 'is democracy.' Many on the ballot won a lottery after being screened by committees made up of people from the three branches of government — two of which are controlled by the president's party. To qualify, candidates need a law degree, five years of professional experience, an essay and letters of recommendation from friends and colleagues. Concerns about democratic decay The passage of the reform legislation sparked weeks of protests by judges and judicial staff, a sharp rebuke from the Biden administration and concerns by international investors, causing the Mexican peso to dip. Opponents have called on Mexicans to boycott the vote, and the election is projected to have low turnout. The opponents – former judges, legal experts, politicians and foreign observers -— say that battling corruption and impunity in the courts is not a bad idea. Most Mexicans agree that the judiciary is rife with corruption. 'The judiciary has a lot of scores to settle in this country,' said Georgina De la Fuente, election specialist with the Mexican consulting firm Strategia Electoral. But critics say the ruling party is simply politicizing the courts at an opportune moment, when Sheinbaum is highly popular. Judicial candidates are not allowed to announce their party affiliation and are unable to accept party funds or hold major campaign events. A number of former Morena government officials and allies, however, have posted lists on social media of which ones to elect. Mexico's electoral authority said Wednesday it also had investigated cases of physical guides handed out to potential voters in Mexico City and Nuevo Leon state, something it said could amount to 'coercion.' 'The way in which this reform was designed does not give people greater access to justice. It was designed to take control of the judiciary and blur the division of powers,' De la Fuente said. 'Opening a Pandora's box' Others warn that the overhaul could open the judiciary to questionable judges and allow organized crime to further influence Mexico's justice system. A number of candidates have raised eyebrows. Chief among them is Silvia Delgado García, a former lawyer for drug kingpin Joaquín 'El Chapo' Guzmán, who is running to be a criminal court judge in the northern border state of Chihuahua. Critics 'speak out of ignorance because whether or not I've represented some person doesn't transform you into that person,' she told the AP as she handed out campaign flyers to people crossing the border from Ciudad Juarez to El Paso, Texas. 'What I can promise you is I'll be an impartial judge,' she told some voters. Watchdogs also say that last year's vote on the reform was rushed through, criteria for candidates wasn't always followed, the number of candidates was limited by a lottery and lower-court orders trying to keep the reforms from taking effect were ignored. Zissis, of Council of the Americas, said the reforms could increase instability in the region at a time of rapid political change. Mexico's government has been working furiously to talk U.S. President Donald Trump down from tariff threats and meet demands by his administration to crack down on organized crime. At the same time, Trump has been locked in political fights with courts trying to block various actions. The turmoil could hurt international investment in Mexico if investors believe their money is less secure, Zissis said. 'It feels like Mexico is opening a Pandora's box,' she said. ___ Associated Press journalists María Verza and Christian Chávez contributed to this report from Mexico City and Ciudad Juarez, Mexico.

Mexico will hold historic judicial elections on Sunday. Some believe it will hurt democracy
Mexico will hold historic judicial elections on Sunday. Some believe it will hurt democracy

CNN

time3 days ago

  • Business
  • CNN

Mexico will hold historic judicial elections on Sunday. Some believe it will hurt democracy

Mexico is scheduled to hold its first-ever judicial elections on Sunday, with hundreds of judges, magistrates and justices on the ballot across the country. It's an unprecedented contest that supporters say will democratize the courts, but critics fear it could make them more susceptible to the influence of politicians or criminal groups. Almost 900 federal positions will be in play, including all nine seats of the Supreme Court, as well as some 1,800 local positions in 19 states. Sunday's event will be the first of two voting phases, with the second one set for 2027. The vote is the result of a constitutional reform that was approved last year during the final weeks of Andrés Manuel López Obrador's presidency. He had argued that the change was necessary to stem impunity in the courts and give voters a greater say in the judicial process. But opponents saw the move as an attempt by López Obrador to strengthen the power of his ruling Morena party by overhauling the very judiciary that often blocked some of his policy proposals. Critics also worry that by having judges elected through popular vote, the independent authority of the courts could be compromised, and with it, their ability to uphold the law and keep other powers in check at a time of rampant crime and corruption. Before the reform was enacted, Supreme Court judges were nominated by the president and approved in the Senate, while federal judges were selected by a judicial commission using exams and coursework that evaluated candidates on a meritocratic basis. In the new system, federal candidates will be elected by the public after being vetted and nominated by Evaluation Committees of the three branches of government. Unlike other elections, those running for a judicial post can't be nominated or supported by any political party, according to Mexico's electoral authority. They also can't receive public or private funding, meaning they must finance their campaign on their own – a rule that reform supporters say reduces the likelihood of being influenced by political actors, but critics say favors wealthier candidates. Candidates are also prohibited from buying campaign ads on TV or radio, but they can promote themselves on social media or through interviews and other forums. Once in office, elected judges will be evaluated by a newly established Judicial Disciplinary Tribunal, which will have the power to investigate and sanction judicial personnel, except for Supreme Court justices and electoral magistrates. Some of those sanctions include suspensions, financial penalties, dismissals and disqualifications. Although the rules prohibit political parties from providing direct support to a candidate, critics warn that they could still influence the race by encouraging voters to elect people aligned with their interests. Local media have reported that some politicians and their supporters have been accused of distributing pamphlets, or cheat sheets, which provide suggestions on who to vote for. Just days ahead of the election, the National Electoral Institute (INE) – which is organizing the vote – said it was investigating two complaints related to the use of such pamphlets. 'The law is very clear about who cannot intervene in this – neither governments of any level nor political parties,' INE adviser Claudia Zavala said in an interview with Milenio TV. CNN has reached out to Zavala for more information. Another concern is that political parties could theoretically have a say in which candidates are nominated in the first place. If a single party holds sway over the three branches of government, which oversee the candidates' nomination process, that party could influence who gets on the ballot. 'Right now, numerically, who holds the most influence over these branches of government – executive and legislative, specifically – would be the Morena party,' said Stephanie Brewer, director for Mexico at the Washington Office on Latin America. There's similar apprehension about the new Judicial Disciplinary Tribunal that's meant to supervise judges in office. Brewer says that if political actors manage to influence it, they could subsequently exert pressure on the judges it oversees. One of the biggest concerns rights groups are warning about is that elections could also be influenced by criminal groups. In previous races, Mexican cartels have used violence to impact the outcome of a vote – often by attacking or assassinating candidates they oppose. Last year, the country saw a record number of victims from political-criminal violence, with Data Cívica, a human rights organization, reporting 661 attacks on people and facilities. Many of the victims either held or were running for municipal-level positions. This year, the think tank México Evalúa warned that eight states have a high risk of political-criminal violence in the upcoming judicial elections, saying that it is 'highly likely that, through violence, organized crime will seek to seize judicial powers, especially at the local level.' Several political attacks have been recorded in the lead-up to the elections, though most of them involved candidates in mayoral races. Miguel Meza of the rights groups Defensorxs says he has not yet seen any attacks against judicial candidates, but that other risks remain. 'Cartels (could) identify possible winners and offer them support in exchange for loyalty,' he said, noting that such actions have happened before, and although they haven't seen it in this election, 'in others, it could intensify.' Defensorxs has also raised questions about some judicial candidates. While many have extensive experience in the judicial field, Defensorxs has determined that some are 'linked to organized crime, sexual offenses, political-religious sects, and other irregularities.' One of them served nearly six years in a US prison on drug offenses, after being accused of smuggling over 4 kilograms of methamphetamines, according to Reuters. That candidate said on Facebook that he faced an 'unjust' judicial process and has 'moved on.' Another candidate was a defense attorney who joined the team that represented drug lord Joaquin 'El Chapo' Guzman in 2016, a decision she has defended by telling the AP, 'Everyone has a right to an effective defense.' Meza said his group has filed complaints to INE against some of those candidates but was told that electoral authorities couldn't invalidate their candidacy at this point. If one of them ends up winning an election, Meza said, the group was told it could try to challenge the victory with the electoral tribunal. CNN has reached out to INE for more information. A poll by Pew Research Center found that most Mexicans approve of the judicial reform. Although the policy sparked protests in September when Congress was voting on it, 66% of people surveyed earlier this year said they backed it, with approval being higher among Morena supporters and younger adults. Still, the judicial election faces heavy criticism from opposition groups. Former President Vicente Fox of the PAN party has urged people not to vote on Sunday. 'The judicial election is not democratic. It's a farce, it's a hoax … Don't go. Don't waste your time,' he said on X. Several civil organizations and opposition figures have indicated that they will boycott Sunday's vote, and some have called for a nationwide protest on election day. Mexican President Claudia Sheinbaum has pushed back against those calls, urging Mexicans to participate in the electoral process and decide who will make up the judiciary. 'It's better for millions of people to vote than for the president and the Senate of the Republic to decide,' she said.

Mexico's election body probes alleged political interference ahead of judicial vote
Mexico's election body probes alleged political interference ahead of judicial vote

Yahoo

time5 days ago

  • Politics
  • Yahoo

Mexico's election body probes alleged political interference ahead of judicial vote

By Cassandra Garrison MEXICO CITY (Reuters) -Mexico's electoral authority is investigating complaints that political groups, including ruling party Morena, are trying to sway voters in the upcoming judicial elections, an official at the body said on Monday. Mexicans will head to the polls on Sunday to choose among roughly 5,000 candidates vying for more than 840 federal judge and magistrate positions, including all Supreme Court justices. They will be Mexico's first-ever judicial elections. Electoral rules dictate that candidates cannot use campaign materials that link them to a political party, participate in events organized by political parties, or accept donations of any kind. Claudia Zavala, an electoral adviser at election body INE, told Reuters the institution is looking into two complaints. The first alleges that the government of northern state Nuevo Leon and political party Movimiento Ciudadano (MC) asked civil servants to take voters to polls and shared pamphlets promoting the names of candidates. The second complaint, in Mexico City, the capital, raises similar allegations against civil servants and ruling party Morena. The investigations come after videos of people passing out the pamphlets circulated on social media. "We must respect the people, the citizens, the women and men who have the right to go to the polls and freely decide who they want as their judges, magistrates and ministers, ... and no one should be telling anyone how to vote," Zavala said. The government of Nuevo Leon, Morena and MC all did not immediately respond to requests for comment. INE will decide through its investigation whether there has been a violation of the rules, Zavala said, and will pass the information on to the electoral tribunal of the Federal Judiciary, which will ultimately rule on the case. Mexico's first-ever judicial elections, the result of a reform proposed by former President Andres Manuel Lopez Obrador, have attracted criticism that they risk removing checks and balances on the ruling Morena party and could allow organized crime groups greater influence over the judicial system.

Mexico's election body probes alleged political interference ahead of judicial vote
Mexico's election body probes alleged political interference ahead of judicial vote

Reuters

time5 days ago

  • Politics
  • Reuters

Mexico's election body probes alleged political interference ahead of judicial vote

MEXICO CITY, May 26 (Reuters) - Mexico's electoral authority is investigating complaints that political groups, including ruling party Morena, are trying to sway voters in the upcoming judicial elections, an official at the body said on Monday. Mexicans will head to the polls on Sunday to choose among roughly 5,000 candidates vying for more than 840 federal judge and magistrate positions, including all Supreme Court justices. They will be Mexico's first-ever judicial elections. Electoral rules dictate that candidates cannot use campaign materials that link them to a political party, participate in events organized by political parties, or accept donations of any kind. Claudia Zavala, an electoral adviser at election body INE, told Reuters the institution is looking into two complaints. The first alleges that the government of northern state Nuevo Leon and political party Movimiento Ciudadano (MC) asked civil servants to take voters to polls and shared pamphlets promoting the names of candidates. The second complaint, in Mexico City, the capital, raises similar allegations against civil servants and ruling party Morena. The investigations come after videos of people passing out the pamphlets circulated on social media. "We must respect the people, the citizens, the women and men who have the right to go to the polls and freely decide who they want as their judges, magistrates and ministers, ... and no one should be telling anyone how to vote," Zavala said. The government of Nuevo Leon, Morena and MC all did not immediately respond to requests for comment. INE will decide through its investigation whether there has been a violation of the rules, Zavala said, and will pass the information on to the electoral tribunal of the Federal Judiciary, which will ultimately rule on the case. Mexico's first-ever judicial elections, the result of a reform proposed by former President Andres Manuel Lopez Obrador, have attracted criticism that they risk removing checks and balances on the ruling Morena party and could allow organized crime groups greater influence over the judicial system.

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