Electing judges by popular vote: Mexico’s 2024 constitutional reform of the Judiciary
The constitutional decree published on 15 September 2024 makes every federal judge in Mexico, from district judges to the nine Supreme Court justices, elected by direct popular vote from candidates put forward by the three branches of government. It cuts the Supreme Court from eleven to nine members with twelve-year terms, replaces the Federal Judicial Council with an elected Judicial Discipline Tribunal and an appointed administration body, and caps judicial pay at the President’s. The first judicial election, held on 1 June 2025, filled 881 federal posts with a turnout of about 13 % according to the electoral institute, and the new Court took office on 1 September 2025. A further constitutional decree of 2 June 2026 postponed the second stage, which renews the remaining federal and local judges, from 2027 to June 2028 and simplified the nomination lists.
Key points
Federal judicial posts filled by the first judicial election
881
election of 1 June 2025 · Observed
National Electoral Institute (INE)[11][14]
Plus more than 1,800 local judicial posts in 19 states.
Turnout in the first judicial election
13%
election of 1 June 2025 · Estimate
national average according to INE President Guadalupe Taddei (3 June 2025), registered voters[12][10]
Between 12 % and 13 % depending on the estimate; the President of Mexico spoke of about 13 million voters.
Supreme Court members (eleven before the reform)
9
since 1 September 2025 · Observed
Rule of law (World Bank indicator)
-1.17score
2025
- Status: In force since June 3, 2026. Constitutional decree published on 2 June 2026 and in force the next day: the remaining federal and local judges will be elected on the first Sunday of June 2028, nomination lists are cut to two candidates per branch and post, and the Supreme Court may sit in two sections.[4][5]
- Next milestone: June 2028, Second judicial election (first Sunday of June 2028)
At a glance
Reference text
Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de reforma del Poder Judicial (Decree amending, adding to and repealing various provisions of the Constitution, on the reform of the Judiciary)[1][2][5]
No. DOF 15-09-2024, edición vespertina (reforma constitucional n.º 258) · September 15, 2024
Read the text ↗Carried by
- Andrés Manuel López Obrador[6][8][1]President of Mexico, presented the constitutional initiative on 5 February 2024 and promulgated the decree on 15 September 2024 · 2024 · Initiator
- Luisa María Alcalde Luján[8][1]Secretary of the Interior, presented the content of the initiative in February 2024 and countersigned the decree · 2024 · Initiator
- Claudia Sheinbaum Pardo[9][10][4]President of Mexico from October 2024, oversaw the first judicial election and promulgated the amending constitutional decree of 2 June 2026 · 2024-2026 · Amendment
- Guadalupe Taddei Zavala[11][14]President of the National Electoral Institute (INE), which organised the extraordinary judicial election of 2024-2025 · 2024-2025 · Implementation
- Hugo Aguilar Ortiz[15]President of the Supreme Court elected under the reform, in office from 1 September 2025 to September 2027 · 2025-2027 · Implementation
Implementation
- National Electoral Institute (INE), organiser of the judicial elections
- Senate of the Republic (call for candidates, lists sent to the INE, swearing-in of the elected judges)
- Supreme Court of Justice of the Nation (SCJN), Judicial Discipline Tribunal and judicial administration body
Stated objective
Give Mexico a justice system that is austere, independent and legitimate, that settles the cases before it, is free from private interests and helps eradicate impunity, by having justices, magistrates and judges elected by popular vote and by tackling corruption in the judiciary.[8][9]
According to the Interior Ministry (February 2024) and President Claudia Sheinbaum (October 2024)
Circuit magistrates and district judges the initiative proposed to elect
1,633
as stated in February 2024 · according to the Interior Ministry, presentation of the initiative[8]
Main measures
- Popular election (Constitution, art. 96): Supreme Court justices, electoral magistrates of the Electoral Tribunal’s superior and regional chambers, members of the Judicial Discipline Tribunal, circuit magistrates and district judges are elected « freely, directly and secretly » by citizens. Each branch (executive, Congress, Supreme Court) sets up a five-member evaluation committee that shortlists candidates; the lists are trimmed by public lot, sent to the Senate and then to the National Electoral Institute.[1][2]
- Supreme Court: nine members instead of eleven, sitting only in plenary (the two chambers disappear), twelve-year terms without re-election, presidency rotating every two years and going to the candidate with the most votes; plenary sessions are public.[1][8]
- Campaigns: 60 days, no pre-campaign, no public or private funding, no purchase of air time; candidates get equal access to radio and television time; political parties and public servants may not campaign for or against a candidate.[1]
- The Federal Judicial Council is replaced by a Judicial Discipline Tribunal (five members elected nationwide for six years, able to investigate, suspend and remove judges, with final decisions) and a judicial administration body (five members for six years: one appointed by the President, one by the Senate, three by the Supreme Court). The Tribunal evaluates the elected judges during their first year in office.[1]
- Pay and pensions: no member of the judiciary may earn more than the President; Supreme Court justices who leave because they did not run or were not elected in 2025 lose their retirement pension unless they resigned before the close of the call (pension then proportional to time served); judicial trust funds not provided for by law are wound up and their money paid to the Treasury.[1][8]
- Procedure: no suspension with general effects may be granted against a law in amparo proceedings, and filing a constitutional controversy or action of unconstitutionality never suspends the challenged law; tax cases must be decided within six months, delays being reported to the Judicial Discipline Tribunal; in organised-crime cases the identity of judges may be protected.[1][8]
- Transition: in 2025, all Supreme Court seats, the Discipline Tribunal, the regional electoral chambers, vacancies of the superior electoral chamber and half of the circuit and district judgeships were elected; sitting judges were placed on the ballot unless they declined. The states must also have their judges elected; since the June 2026 amendment the remaining federal and local posts are renewed in June 2028.[1][4]
- June 2026 amendment: each branch nominates two candidates per post (its committee shortlists four, then draws two by lot), a coordinating commission sets common evaluation criteria and knowledge tests, the INE divides each judicial circuit into districts so that each voter picks one candidate per specialisation, votes are counted at the polling station, and the Supreme Court may sit in two sections.[4]
In data
Constitution as amended on 15 September 2024 and 2 June 2026
| Post | Term set by the Constitution (years) | Term of those elected in 2025 (years, transitional rules) |
|---|---|---|
| Supreme Court justice (Elected in 2025: 11 years for the five most voted (to 2036), 8 years for the four others (to 2033). No re-election.) | 12 years | 11 years |
| Circuit magistrate or district judge (May be re-elected; those elected in 2025 serve until 2033, those elected in 2028 until 2036.) | 9 years | 8 years |
| Judicial Discipline Tribunal member (Elected in 2025: three until 2030 and two until 2033, according to their votes.) | 6 years | – |
| Electoral magistrate, superior chamber | 6 years | 8 years |
Scale starts at 0 years · Transitional terms end in fixed years (2033 or 2036) so that later elections are staggered.
Rule of law (World Bank indicator)
-1.17score
2025
Trust in the justice system
52.6%
2023
Unreported crime (« cifra negra », Mexico)
93.4%
2025
Voter turnout
61%
2024
Turnout in national elections for political offices, not in the judicial election.
Timeline
- Under debate
Approved in general by the Constitutional Affairs Committee of the Chamber of Deputies[6]
22 votes in favour, 17 against, no abstention.
Chamber of Deputies approves the reform[7]
359 votes to 135 in general, then 357 to 130 on the reserved articles.
- Adopted
Approved by both chambers of Congress and sent to the state legislatures[7][17][1]
Chamber of Deputies on 4 September 2024 (359 to 135 in general), Senate on 11 September 2024 (86 to 41). The declaration of the amendment after approval by a majority of state legislatures is dated 13 September 2024.
Senate approves the reform[17](secondary source)
86 votes to 41 after an overnight session moved to the Senate’s former seat, the Casona de Xicoténcatl; the text is sent to the state legislatures.
Constitutional amendments made immune from court challenge[3]
A separate constitutional decree declares inadmissible any constitutional controversy, action of unconstitutionality or amparo against amendments to the Constitution; pending cases are to be decided under the new rule.
Supreme Court dismisses the challenges to the reform[18](secondary source)
The draft ruling that would have struck down the election of district and circuit judges did not gather the required majority; the actions of unconstitutionality were dismissed and the reform stood.
INE hands certificates of election to the new Supreme Court justices[13]
The elected judges take office; new nine-member Supreme Court[1][15][16]
Under the decree, the elected judges are sworn in before the Senate on 1 September 2025; the Supreme Court is presided by Hugo Aguilar Ortiz from that date. On the same date the decree provides for the Judicial Discipline Tribunal and the administration body to start and for the Federal Judicial Council to cease to exist.
INE formally closes the first judicial electoral process[14]
Amending constitutional decree published[4]
Second stage moved to 2028, nominations cut to two candidates per branch and post, voting by judicial district, vote count at the polling station, Supreme Court allowed to sit in two sections.
- In force
Amended: second judicial election moved from 2027 to 2028[4][5]
Constitutional decree published on 2 June 2026 and in force the next day: the remaining federal and local judges will be elected on the first Sunday of June 2028, nomination lists are cut to two candidates per branch and post, and the Supreme Court may sit in two sections.
- Upcoming: the outcome is not known
Second judicial election (first Sunday of June 2028)[4]
Federal and local judges not renewed in 2025, and vacancies, are to be elected on the same day as the other elections; judges whose term would have ended in 2027 stay in office until then.
- Upcoming: the outcome is not known
Judges elected in 2028 take office[4]
The debate
Citoyen takes no position: arguments are reported as their authors put them.
According to its supporters
- President Claudia Sheinbaum says the reform lets the people choose their judges instead of justices being imposed, and that the 2025 election makes Mexico « the most democratic country in the world ».[10]
- The government argues that the reform targets corruption and nepotism in the judiciary: the President said that half of its members got their posts through family ties rather than a judicial career, citing the judiciary’s own president, and accused it of favouring organised crime.[10][9]
- The Interior Ministry presented it as a reform for an austere and transparent justice: a smaller Court sitting only in public plenary sessions instead of chambers it called opaque, no lifetime pension, pay capped at the President’s.[8]
- Supporters also point to faster justice: maximum time limits for tax cases, delays reported to the Discipline Tribunal, and an end to suspensions with general effects that, according to the government, let judges block laws passed by Congress.[8][1]
According to its opponents
- The International Commission of Jurists called on the Senate to reject the bill, saying popular election, lower qualification requirements, the removal of all sitting federal judges and « faceless judges » would seriously undermine judicial independence.[19](secondary source)
- Human Rights Watch says the selection was flawed: after the judiciary’s evaluation committee stopped working, all candidates were shortlisted by the committees of the executive and of the Senate, where the governing coalition holds two thirds; it also cites the 13 % turnout and the « acordeones », printed guides urging votes for particular candidates.[20](secondary source)
- Human Rights Watch also warns that the elected Discipline Tribunal can sanction judges for how they rule, which it sees as making the judiciary more loyal to the government.[20](secondary source)
- Members of the INE’s General Council said on election day that the vote was organised in haste, without the budget requested and with too many posts on complex ballots; councillor Jaime Rivera added that banning public funding favours wealthier candidates and recommended separating judicial from party elections.[11]
Indicators to watch
- Rule of law (Worldwide Governance Indicators) · World BankSee the card →
- Trust in courts and the legal system · OECDSee the card →
- Unreported crime (« cifra negra ») · INEGI (ENVIPE)See the card →
- Control of corruption · World BankSee the card →
- Turnout in the June 2028 judicial election · INEno Citoyen card yet
- Sanctions and removals ordered by the Judicial Discipline Tribunal · Tribunal de Disciplina Judicialno Citoyen card yet
Sources
- [1]Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de reforma del Poder Judicial –Diario Oficial de la Federación (Secretaría de Gobernación), September 15, 2024
- [2]Reforma 258 de la Constitución Política de los Estados Unidos Mexicanos · DOF 15-09-2024, edición vespertina –Cámara de Diputados del H. Congreso de la Unión, September 15, 2024
- [3]Reforma 263 de la Constitución Política de los Estados Unidos Mexicanos, en materia de inimpugnabilidad de las adiciones o reformas a la Constitución Federal · DOF 31-10-2024 –Cámara de Diputados del H. Congreso de la Unión, October 31, 2024
- [4]Reforma 283 de la Constitución Política de los Estados Unidos Mexicanos, en materia de reforma al Poder Judicial · DOF 02-06-2026, edición vespertina –Cámara de Diputados del H. Congreso de la Unión, June 2, 2026
- [5]Constitución Política de los Estados Unidos Mexicanos · Reformas constitucionales por decreto en orden cronológico –Cámara de Diputados del H. Congreso de la Unión
- [6]Comisión de Puntos Constitucionales aprobó, en lo general, reformas al Poder Judicial de la Federación (Boletín No. 7120) –Cámara de Diputados, Coordinación de Comunicación Social, August 26, 2024
- [7]Gaceta Parlamentaria, año XXVII, número 6607 · Votaciones del dictamen en materia de reforma del Poder Judicial –Cámara de Diputados, Gaceta Parlamentaria, September 4, 2024
- [8]Reforma al Poder Judicial responde al reclamo de justicia del pueblo de México: Segob –Secretaría de Gobernación (gob.mx), February 12, 2024
- [9]No habrá retroceso a la elección de jueces, magistrados y ministros, es una decisión del pueblo de México: presidenta Claudia Sheinbaum –Presidencia de la República (gob.mx), October 10, 2024
- [10]La elección histórica del Poder Judicial fue todo un éxito y participaron cerca de 13 millones de mexicanas y mexicanos: Presidenta –Presidencia de la República (gob.mx), June 1, 2025
- [11]Versión estenográfica de la segunda reanudación de la Sesión Extraordinaria del Consejo General, 1 de junio de 2025 –Instituto Nacional Electoral (Central Electoral), June 1, 2025
- [12]Versión estenográfica del mensaje de la consejera Presidenta, Guadalupe Taddei, relativo a los avances de los cómputos a los cargos para la SCJN –Instituto Nacional Electoral (Central Electoral), June 3, 2025
- [13]El INE entregó constancias de mayoría a Ministras y Ministros que habrán de conformar la SCJN –Instituto Nacional Electoral (Central Electoral), June 15, 2025
- [14]Concluye INE la primera elección del Poder Judicial –Instituto Nacional Electoral (Central Electoral), September 17, 2025
- [15]Presidencia · Presidente de la Suprema Corte de Justicia de la Nación del 1 de septiembre de 2025 a septiembre de 2027 –Suprema Corte de Justicia de la Nación
- [16]Conoce la Corte · Ministros –Suprema Corte de Justicia de la Nación
- [17]Senado aprueba en lo general y lo particular la reforma judicial; 86 votos a favor y 41 en contra –Uno TV, September 11, 2024 · secondary source
- [18]Sigue reforma judicial: SCJN desestima acciones de inconstitucionalidad; elección de juzgadores queda firme –Uno TV, November 5, 2024 · secondary source
- [19]Mexico: Senate should reject the justice reform bill undermining judicial independence –International Commission of Jurists, September 9, 2024 · secondary source
- [20]Mexico: Electoral Process Undermines Judicial Independence –Human Rights Watch, September 1, 2025 · secondary source