Absence of clear rules opens a new front against the 2025 judicial election

The allegations

Other opponents of the reform work in the Judiciary and prepared for years to advance through the judicial career. But now they will no longer be able to grow in the institution through competitive exams, according to their allegations.

For example, to be judges they would have to enter a process, after being called, and among other steps, take a theoretical exam, a practical exam and then be interviewed by three synods.

Now the Judicial Reform puts aside the judicial career, and with it the possibilities of promotion with clear rules, another group of judicial officials argued before the TEPJF, the majority of the Second District Court in Administrative Matters in the State of Nuevo León, residing in Monterrey.

A particular case is that of Gildardo Meza Guzmán, Secretary of the Court, whose career even began as a driver. And in his decades-long career he has already held more than ten positions including clerk, judicial officer, administrative officer, court clerk; Your appeal has already reached the TEPJF.

Or Darío David Flores Bracho, also challenging, and secretary of the Base Court, assigned to the Sixth District Court in the State of Oaxaca, who challenged the reform for violating his political rights.

“As secretary of the Judicial Branch of the Federation, and with a judicial career, the contested act prevents me from being promoted to the category of District Judge, through the mechanisms provided for before the approval of the reform of the Judicial Branch; that is, through an opposition exam; and even through the popular vote” due to the problems that the reform entails, he alleges in his document.

According to the official, in reality the constitutional modifications also affected the diffuse interest (that is, that of a group), since it impacted both those who are currently ministers, judges and magistrates, “those of us who aspire to obtain any of said positions and, to citizens in general in their capacity as voters.”

All this because the eighth transitory article of the reform introduced “in an extraordinary and unjustified manner” an exception to compliance with the provisions of article 105 of the Constitution, which states that any law or electoral reform must come into force at least 90 days before to begin an electoral process.

In this case, the Judicial Reform excepted the application of that lock that provides certainty to authorities and candidates.

Thus, only seven days passed, since the INE started the electoral process on September 23, “which constitutes a serious violation of the principle of certainty,” and lacks reasonableness, suitability and proportionality, he adds, since “there is no urgency to carry out the extraordinary electoral process” within the established period and it could well have been carried out with clear rules established in advance.

With this, he notes, the guiding principles of the electoral processes are in doubt: certainty, impartiality, independence, legality, maximum publicity and objectivity.

Aremy Lizbeth Ruiz Hernández, secretary of the Second District Court for Administrative Matters in the State of Nuevo León, residing in Monterrey, argued in her appeal the absence of rules to contend with.

“I intend to be elected,” she says. However, he explains, “there are no specific rules that regulate the electoral process of the Judicial Branch”, so the session held on September 23 by the INE and the agreements made there, the declaration of the beginning of the extraordinary electoral process and the integration of a Commission for the process, “are flawed from origin.”

“This irregular situation causes harm to the people who are direct recipients of the decree and who wish to participate in the selection process, because it generates uncertainty about the signature in which the process is started and whether each of the phases or acts will be valid,” he alleged in his appeal.

Furthermore, given that the matter is electoral, he argues, the TEPJF is the only body competent to rule and see that all the acts of the INE adhere to the constitution and the law, so the magistrates must rule.

The Electoral Tribunal, until now mutis

These trials in defense of political-electoral rights and appeals are added to five others that have already reached the TEPJF and that that Chamber must resolve.

Among them, the one filed by the INE and left under general matter file 209/2024, through which he complained about the court orders that were notified to him to suspend activities towards the extraordinary electoral process of the Judicial Branch of the Federation 2024-2025 .

Until now, the plenary session of that Court and its staff is practically the only one in the judicial sector that has not issued any position, nor has it joined the strike of workers and officials who have demonstrated against the reform by which half will be dismissed. of judges and magistrates, to submit their successors to election.

But the magistrates of that TEPJF are the only members of the Judicial Branch who not only were not affected, but will also benefit, since the decree established that they were excepted, so none of its members will be dismissed nor will their substitutes be elected in the election. judicial scheduled for June 2025, but not until 2027.

That is, they will have two more years in office, they may aspire to be re-elected as magistrates, or later seek to be ministers of the Supreme Court of Justice of the Nation (SCJN).