However, judges and magistrates will have limited their employment possibilities, by constitutional mandate.
To avoid incurring conflicts of interest, the legislature put a lock in the Constitution that will directly impact the outgoing federal judges.
Article 101 establishes that ministers, circuit and electoral magistrates, district judges, as well as “the respective secretaries”, may not, within two years following the date of their retirement, act as “employers”, lawyers or representatives in any process before the organs of the Judicial Power of the Federation.
And there is an additional restriction: the judges who leave the position may not exercise the law in the same judicial circuit of their assignment at the time of leaving the judiciary. That is, they will have to move to work as lawyers.
The same article of the Constitution was modified in 2024 – as part of the judicial reform – to prohibit them from exercising political and representation positions in the same period.
“During this period (two years), the persons who have served as ministers or ministers of the Supreme Court of Justice of the Nation, magistrates or magistrates of the Court of Judicial Discipline, electoral magistrates, magistrates or magistrates of circuit and judges or judges of the district, may not occupy the positions indicated in section VI of article 95 of this Constitution,” he says.
These charges are:
-Secretary of State.
-Ciscal General of the Republic.
-Senator.
-In federal.
-Tytulate of the Executive Power of a federative entity.
“The infraction to the provisions of the previous paragraphs will be sanctioned with the loss of the respective position within the Judicial Power of the Federation, as well as the benefits and benefits that correspond from it therefore, regardless of the other sanctions that the laws anticipate,” says article 101.
Juan José OlveraMember of the National Association of Circuit Magistrates and District Judges of the Judicial Power of the Federation (JUFED) points out that outgoing judges may exercise in “many areas” because they are professionals of law.
However, admits the circuit magistrate, the restriction of not being able to exercise the profession in the last place of assignment, during the two years following the exit of the Judiciary, it is a limiting.
That would imply that if they want to continue working and exercise the profession in the exercise of law in the courts, because we would have to change residence or go to work elsewhere in the meantime. ”
Juan José Olvera, member of Jufed.
Olvera emphasizes that to be able to enjoy that right to employment, the judiciary will be required to guarantee the outgoing judges the payment of their respective settlements, as provided for the transitory regime of the judicial reform, since this would allow them to face months without income and in search of being placed.
‘There will be pressures to force resignations’
Alan TorresSecretary of Study and Account of the Second Collegiate Court in civil matters of the seventh circuit, based in Veracruz, note that among the judges, but also among the workers of the Judiciary, lack of certainty is perceived, even in courts or courts that were not at election on June 1.
“Among study secretaries, actuaries, officers is the expectation or that those who arrive as judges or magistrates will try to place other people, and that is why There will be harassment, pressures to force resignations. (That’s why) They are already thinking of voluntarily departing from employment from now on. “
The situation is such that judges who have their positions guaranteed up to 2027 plan to advance their retreats, and others that will conclude functions in August plan to return to the judiciary, now as subordinates, to offer their services as projectist secretaries.
To this are added other internal factors such as precarious working conditions, more workload, budget cut and even shortage of supplies to work, as a basic stationery, adds Torres.
Mediation
For those who will leave the Judiciary, the field of alternative conflict resolution is open, which is the attention of disputes through mediation without resorting to judicial processes, a mechanism that is common in civil and commercial branches.
That is, if they cannot change their entity (circuit) to be litigants, they can offer the acquired judicial experience, but now in alternative justice tasks.
Jorge Sepúlveda Garcíafirst vice president of the Mexican Bar, Bar Association, notes that, given the concern of the judges who are about to leave office, mediation is glimpsed as one of the most viable immediate options.
The truth is that they are very worried because they do not even know if they are going to respect the payment of their retirement and in front of that we decided to help in what is in our hands. ”
Jorge Sepúlveda, Barra Mexicana, Bar Association.
Before this panorama, the Mexican Bar, Bar Association decided to apply a program to specialize judges in mediation tasks, since additional tools are required to the knowledge they already have.
Arbitration, for example, is a procedure that is part of the alternative means of dispute solution, in which the parties of a conflict, for example of a contract, seek to avoid long and burdensome judgments, so they opt for an arbitrator or mediator to issue a binding decision.
