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Opinion - Mexico's judicial election will imperil its relationship with the US
Opinion - Mexico's judicial election will imperil its relationship with the US

Yahoo

time05-06-2025

  • Politics
  • Yahoo

Opinion - Mexico's judicial election will imperil its relationship with the US

This week's judicial elections in Mexico won't eliminate corruption or return power to the people. Instead, they will jeopardize the investment climate between Mexico and the U.S., strengthen the power of fentanyl traffickers and consolidate the corrupt architecture of the ruling party. Mexico elected more than 2,600 judges and magistrates, but there is concern that major drug cartels will take advantage of these changes to move from partial influence to direct intervention in the various branches of the judiciary. Organized crime will not only influence judges but will position their own players in key areas of power. Candidates running for judicial office included Joaquín 'El Chapo' Guzmán's lawyer, a methamphetamine trafficker, an arms smuggler, an alleged murderer of a journalist and a former defender of the Zetas cartel. The 'hugs not bullets' policy of former President Andrés Manuel López Obrador, judicial corruption and the economic power of the drug cartels had created an ecosystem conducive to impunity. Despite this complex and challenging environment, Mexico maintained a minimum separation of powers, checks and balances, certain institutional norms and academic requirements for appointing judicial authorities. This was laid to rest with Sunday's election. Mexico has gone from judicial authorities with master's and doctoral degrees to small-time lawyers with barely five years of experience and a few letters of recommendation. The pre-selection of candidates was controlled by the ruling party's raffles, and the final selection was determined by an accordion brochure that indicated how and for whom to vote. Mexico won't become the most democratic country in the world, as President Claudia Sheinbaum promised. It will not have a judicial model like that of Switzerland or the U.S., where some judges are elected by popular vote. Mexico will be closer to the Bolivian model, with elections that have turned the judiciary into a political weapon of incumbent rulers and the powerful drug cartels. In 2009, Bolivia decided to push for constitutional reform under the leadership of President Evo Morales. In 2011, the country elected most of its judicial authorities by popular vote. There was much confusion, little information, uninterested voters, incompetent candidates and a president who sought to lay the groundwork to keep himself in power in perpetuity. It was a total disaster. In Mexico, judicial reform does not aim to give more power to the people but to the party. López Obrador saw many of his projects and promises interrupted due to the checks and balances of the judiciary. He knew that to change the system in his favor, he needed to have total control. Although López Obrador was unable to achieve his aspiration, he set the foundation and the strategy to achieve his mission, which was fulfilled with the arrival of Sheinbaum, leading to last Sunday's disastrous vote. Mexico's judicial elections also weaken and jeopardize the trade relationship with the U.S. Powerful political and economic groups will be able to pursue legal action against companies and businesspeople operating in the country. Legal security and predictability, essential for doing business, have been shattered. Those elected this weekend will serve for nine and 12 years. This means that although the maneuvers that led to the destruction of the judiciary took mere months, the consequences of these changes on security, investment and trade will prevail for many years. The U.S. will have to take preventive measures and redouble diplomatic, commercial and security efforts to successfully deal with its main trading partner. It will not be an easy task. Fortunately, the Trump administration does not hesitate or evade challenges. The policy of 'peace through strength' remains the best means to successfully face the new commercial and security challenges in Mexico. Arturo McFields is an exiled journalist, former Nicaraguan ambassador to the Organization of American States, and a former member of the Norwegian Peace Corps. He is an alumnus of the National Defense University's Security and Defense Seminar and the Harvard Leadership course. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Mexico's judicial election will imperil its relationship with the US
Mexico's judicial election will imperil its relationship with the US

The Hill

time05-06-2025

  • Politics
  • The Hill

Mexico's judicial election will imperil its relationship with the US

This week's judicial elections in Mexico won't eliminate corruption or return power to the people. Instead, they will jeopardize the investment climate between Mexico and the U.S., strengthen the power of fentanyl traffickers and consolidate the corrupt architecture of the ruling party. Mexico elected more than 2,600 judges and magistrates, but there is concern that major drug cartels will take advantage of these changes to move from partial influence to direct intervention in the various branches of the judiciary. Organized crime will not only influence judges but will position their own players in key areas of power. Candidates running for judicial office included Joaquín 'El Chapo' Guzmán's lawyer, a methamphetamine trafficker, an arms smuggler, an alleged murderer of a journalist and a former defender of the Zetas cartel. The 'hugs not bullets' policy of former President Andrés Manuel López Obrador, judicial corruption and the economic power of the drug cartels had created an ecosystem conducive to impunity. Despite this complex and challenging environment, Mexico maintained a minimum separation of powers, checks and balances, certain institutional norms and academic requirements for appointing judicial authorities. This was laid to rest with Sunday's election. Mexico has gone from judicial authorities with master's and doctoral degrees to small-time lawyers with barely five years of experience and a few letters of recommendation. The pre-selection of candidates was controlled by the ruling party's raffles, and the final selection was determined by an accordion brochure that indicated how and for whom to vote. Mexico won't become the most democratic country in the world, as President Claudia Sheinbaum promised. It will not have a judicial model like that of Switzerland or the U.S., where some judges are elected by popular vote. Mexico will be closer to the Bolivian model, with elections that have turned the judiciary into a political weapon of incumbent rulers and the powerful drug cartels. In 2009, Bolivia decided to push for constitutional reform under the leadership of President Evo Morales. In 2011, the country elected most of its judicial authorities by popular vote. There was much confusion, little information, uninterested voters, incompetent candidates and a president who sought to lay the groundwork to keep himself in power in perpetuity. It was a total disaster. In Mexico, judicial reform does not aim to give more power to the people but to the party. López Obrador saw many of his projects and promises interrupted due to the checks and balances of the judiciary. He knew that to change the system in his favor, he needed to have total control. Although López Obrador was unable to achieve his aspiration, he set the foundation and the strategy to achieve his mission, which was fulfilled with the arrival of Sheinbaum, leading to last Sunday's disastrous vote. Mexico's judicial elections also weaken and jeopardize the trade relationship with the U.S. Powerful political and economic groups will be able to pursue legal action against companies and businesspeople operating in the country. Legal security and predictability, essential for doing business, have been shattered. Those elected this weekend will serve for nine and 12 years. This means that although the maneuvers that led to the destruction of the judiciary took mere months, the consequences of these changes on security, investment and trade will prevail for many years. The U.S. will have to take preventive measures and redouble diplomatic, commercial and security efforts to successfully deal with its main trading partner. It will not be an easy task. Fortunately, the Trump administration does not hesitate or evade challenges. The policy of 'peace through strength' remains the best means to successfully face the new commercial and security challenges in Mexico. Arturo McFields is an exiled journalist, former Nicaraguan ambassador to the Organization of American States, and a former member of the Norwegian Peace Corps. He is an alumnus of the National Defense University's Security and Defense Seminar and the Harvard Leadership course.

Mexico's ruling party expands its power in massive judicial election
Mexico's ruling party expands its power in massive judicial election

Washington Post

time03-06-2025

  • Business
  • Washington Post

Mexico's ruling party expands its power in massive judicial election

MEXICO CITY — Mexico's ruling party appears to have gained firm control of the country's Supreme Court, according to the early results of a judicial election that analysts predict will weaken the checks and balances in the young democracy. The leftist Morena party already dominates Mexico's government, holding the presidency and a majority in Congress. Now, it stands to have far greater influence in the third branch of government, the judiciary. With 86 percent of the vote counted, it appeared that every single judge on the new, nine-member Supreme Court had featured on lists of recommended candidates distributed to voters by the ruling party. In addition to the Supreme Court, voters on Sunday chose more than 2,600 other federal and state magistrates, in what amounted to the world's largest judicial election. Opponents said the election was the latest in a number of steps that have weakened democracy in Mexico, including the abolition of autonomous agencies such as the freedom-of-information institute. If judges have to appeal to voters to reach the bench, critics say, they won't have the same freedom to issue unpopular rulings. And, they could be forced to kowtow to politicians and local power brokers — including drug traffickers. 'This signifies the end of the independence of the judicial branch,' Diego Valadés, a former Supreme Court justice, said in an interview. Diplomats and legal experts said the election could darken the investment climate in Mexico, since businesspeople can no longer look to the courts to uphold the law impartially. President Claudia Sheinbaum portrayed it differently. She noted that the judiciary had long been plagued by corruption and nepotism, and said it was best to 'let the people decide' who should preside over the courts. 'Mexico is the most democratic country in the world,' she said after the election on Sunday. The election was the brainchild of former president Andrés Manuel López Obrador, a left-leaning populist who founded the Morena party. Like President Donald Trump, he railed at court decisions that blocked his initiatives. Before leaving office last year, López Obrador proposed a radical overhaul of the judiciary, which was subsequently approved under Sheinbaum. While the election was billed as a democratic exercise, many Mexicans said they were confused by the unwieldy process, in which they had to select dozens of judges from multiple ballots with hundreds of names. Only 13 percent of eligible voters turned out. Many of those who did were mobilized by political parties. The parties handed out folded lists of recommendations known as 'accordions.' Voters were permitted to take them into booths. The top nine vote-getters for the Supreme Court were all included in the Morena 'accordion.' They include three women who served on the nation's top court in recent years and usually backed López Obrador's decisions, his former legal counselor, and lawyers who worked closely with Morena political figures at the state level, according to the preliminary results. The top vote-getter was Hugo Aguilar Ortiz, an attorney from the government's National Institute of Indigenous Peoples, who once represented the Zapatista rebels who launched an uprising in 1994. 'This wasn't a free election, but a takeover of the judicial institutions' by Morena, said José Ramón Cossío, a former Supreme Court justice and — along with Valadés — a prominent critic of the former president. Results of the elections for other federal and state-level judges are expected in coming days. Candidates were mostly screened and nominated by the legislative and executive branches, in a process criticized as rushed and superficial. Among those who made it onto the ballot were a man who served six years in a Texas jail for drug possession and an attorney who once represented Joaquín 'El Chapo' Guzmán, the Sinaloa cartel drug lord. Requirements for candidates were minimal compared with the previous civil-service-style system, in which most judges were promoted based on experience and exams. (The Supreme Court was different. Justices were traditionally selected by the Senate from a list submitted by the Mexican president.) Hundreds of career magistrates chose not to run in this year's election, and many prominent critics boycotted the vote. Some said they feared the election results would take Mexico back to the last century, when the Institutional Revolutionary Party held the presidency for 71 years straight and controlled most of the government. Mexico isn't the only country where judges are popularly elected. In the United States, numerous states have the practice, but it doesn't apply to federal judges, who are nominated by the president and confirmed by the Senate. Many legal experts agreed that Mexico's justice system was overdue for change. Impunity and corruption are rampant. But some analysts said the election wouldn't solve those problems. 'Only those who have money, power or influence can fully engage with our twisted system of justice,' wrote Ana Laura Magaloni, a legal scholar, in the daily Reforma newspaper. 'Nonetheless, I find it incomprehensible and painful that none of these problems of poor design and functioning of the system are corrected by the judicial reform. In fact, some will get significantly worse.' Valentina Muñoz Castillo contributed to this report.

Mexico votes on Sunday to elect 2,600 judges, candidates with cartel ties in race in first such election
Mexico votes on Sunday to elect 2,600 judges, candidates with cartel ties in race in first such election

First Post

time30-05-2025

  • Politics
  • First Post

Mexico votes on Sunday to elect 2,600 judges, candidates with cartel ties in race in first such election

For the first time in history, the people of Mexico will elect almost 2,600 judges and magistrates, including members of the Supreme Court and hundreds of other federal, state, and municipal courts read more A man pushes his bicycle as an electoral propaganda banner hangs from a pedestrian bridge encouraging people to vote, ahead of the judicial and magistrate election, in Mexico City, Mexico. Reuters Mexican voters confront a difficult task on Sunday. For the first time in history, people will elect almost 2,600 judges and magistrates, including members of the Supreme Court and hundreds of other federal, state, and municipal courts. The election will shift the judiciary from an appointment-based system to one in which people select judges. Proponents of the change believe that it makes the system more democratic and addresses issues such as nepotism and corruption. Critics argue that it risks giving the ruling party greater control and opening the courts to candidates who lack expertise and credentials or may be influenced by criminal organisations such as cartels. STORY CONTINUES BELOW THIS AD The experiment is so ambitious, contentious, and complicated that it is difficult to predict how it will play out: a single day of voting will result in the most extensive judicial change ever carried out by a large democracy. Here's all you need to know about Mexico's judicial elections, including how they operate and why they're important. Why are Mexicans casting ballots to elect judges? The election marks the completion of a difficult process in which Morena, the ruling party, and its supporters amended the Constitution last year to reform the court system. President Andrés Manuel López Obrador introduced the notion of electing judges by popular vote, which his successor, Claudia Sheinbaum, has championed. López Obrador pushed the plan after the Supreme Court blocked some of his government's plans, such as weakening Mexico's electoral watchdog agency and putting the National Guard under military control, and federal judges ordered the suspension of some of his flagship projects due to environmental concerns. López Obrador, enraged by the verdicts, which he deemed politically motivated, asked his supporters to help solidify Morena's control of Congress. The party's huge majority in last year's general election has allowed its members to approve a raft of constitutional amendments that would revamp the judiciary system. How does the electoral process operate? STORY CONTINUES BELOW THIS AD Half of Mexico's court will be chosen by voters on Sunday, with the remaining members to be chosen in 2027. Nearly 880 federal judgeships, ranging from district judges to justices of the Supreme Court, will be up for election this year. Furthermore, 19 of the country's 32 states will elect local judges and magistrates to fill around 1,800 positions. More than 7,700 candidates are vying for those positions. Unlike conventional elections, in which political parties can support their candidates' campaigns, aspiring judges are not permitted to utilise public or private funds, requiring them to rely on their own resources and guerilla marketing on social media to get attention. To assist voters, the election commission established an online portal where individuals could learn more about the candidates. Nonetheless, even some proponents of the makeover admit that voters would struggle to make educated decisions among hundreds of relatively unknown candidates. 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. STORY CONTINUES BELOW THIS AD 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. 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.' Will the election improve the justice system? This has been debated for months. STORY CONTINUES BELOW THIS AD Supporters of the election frequently discuss a corrupt and nepotistic system in which justice is easier to obtain for those who can pay it and hundreds of judges have been co-opted by one or more of Mexico's violent cartels. In fact, Mexicans believe judges are among the country's most corrupt authorities, second only to traffic cops. Proponents argue that an elected-judges system will cut links between certain powerful criminals, corrupt authorities, and members of the elite. Instead, they believe, judges will now prioritise the interests of those who elected them: the Mexican people. While critics concede that Mexico's judiciary faces huge problems and is in need of deep reform, they say this is not the way to fix it. Several experts have suggested that the change will politicise courts that should rule independently, and that the Morena party, which currently controls the presidency and Congress, will exercise exceptional power over the vote. They have also claimed that a system of direct elections risks allowing unqualified people to become judges and opens the door to more cartel control. STORY CONTINUES BELOW THIS AD '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. STORY CONTINUES BELOW THIS AD When will the results be known? Mexico uses paper ballots for voting, and each one needs to be manually tallied. The results for the federal court, including the Supreme Court, will be announced in the days after the vote, in contrast to other Mexican elections when preliminary results are known on election night. The national vote counts that will determine the final results will be held on June 15.

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

time29-05-2025

  • Politics

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. 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 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. 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. 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.

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