The installation of Judicial Discipline Court (TDJ) marks the future of the Mexican justice system. For the first time, surveillance on judges and magistrates moves to an autonomous body, elected by popular vote, with the promise of eradicating judicial impunity.
But after the first week of operations, the question that floats in the air is uncomfortable: are we facing a true paradigm shift?
The installation ceremony was impeccable in form: solemn speeches, toga imposed, support of the three powers.
But the background is yet to be defined. How will the court and its commissions organize? What will be the criteria that you develop to qualify a lack as serious? How will it be shielded against political, media or corporate pressures? What guarantees does judges offer to prevent discipline from becoming revenge? Anyway, there are many doubts about the future of TDJ.
President Celia Maya said the TDJ will not be an Inquisition. Bernardo Bátiz promised surveillance without pursuit.
The democratic legitimacy of the TDJ is unquestionable: its members were elected by popular vote. But institutional legitimacy is constructed effectively, not with clientele votes.
If the court fails to sanction with rigor and justice, if it does not generate trust among the judges themselves, their role will be irrelevant.
Moreover: if the TDJ becomes a space of political disputes or a show court, the damage will be deep. Justice does not need scenography, you need credibility.
One of the great challenges will be to incorporate citizens into the disciplinary process without falling into demagogy. How will citizen complaints be processed?
The first week of the court of judicial discipline has been symbolic, but not yet substantive. A sanctioning body is required, which listens to citizens and dialogue with the powers, but does not submit.
Dear reader, judicial reform is not measured by the creation of new institutions, but by its ability to transform legal culture. The TDJ has the opportunity to do it. But time runs, and public trust does not expect. Until next time.
