A recent reform of the judicial power in Mexico is set to transform the work of courts and law firms in the country, presenting opportunities and challenges for lawyers as they prepare for the changes
In September, Mexico’s Congress passed a transformative reform concerning the nation’s judicial system that includes having the members of the judiciary be elected by popular vote. This significant change, which opens the election process to individuals holding an undergraduate law degree and meeting certain qualifications, has ignited considerable debate both domestically and on the international stage.
As this reform is still in its early phases, there is a level of uncertainty surrounding its potential impact on the practice of law in Mexico. Until the new judges assume their roles in August 2025, the direction in which the Mexican judiciary is heading remains largely speculative.
Challenges and opportunities ahead
Ricardo Ríos Ferrer, President of the Mexican Lawyers Council, highlights a series of potential challenges posed by the recent judicial reform. One significant obstacle is the anticipated learning curve for newly elected judges, many of whom may lack substantial experience in the judiciary. This inexperience could lead to delays in case resolutions, which could pose a risk to the efficiency of the judicial process.
Another challenge stems from the creation of a Court of Judicial Discipline. This body is tasked with overseeing judges’ conduct, and its broad mandate to evaluate decisions based on public interest could have far-reaching implications. However, there also is a concern that this could lead to reversals of judgments, particularly those that stop public projects or go against government interests. Such actions might affect the balance between judicial independence and public accountability, raising questions about the Court of Judicial Discipline’s influence on the justice system.
On the opportunity front, Ríos Ferrer says he envisions a significant rise in arbitration as an alternative to traditional court litigation, potentially offering a more expedient and effective resolution process. This shift towards arbitration could benefit domestic and international institutions offering these services, as parties may seek quicker and more practical alternatives to resolve disputes outside the conventional courtroom setting.
Other options outside of courts and arbitration would include alternative dispute resolution methods, such as mediation and collaborative agreements. Settlements achieved through these methods will have the force of res judicata by law.
The broad scope of the reform
Most of the discussion around the reform of the judicial power in Mexico has focused mainly on the democratic process for appointing Supreme Court justices and federal judges. However, it is important to emphasize that the reform’s impact extends beyond the federal level to include local or state judges, who are responsible for administering everyday justice throughout the country.
According to the National Census of Federal and State Law Enforcement, which is conducted by INEGI, a Mexican government agency that gathers the country’s statistical information, federal courts received 950,184 cases in 2023, while state courts handled almost 2.2 million cases.
Although federal courts deal with fewer cases, the reform of the judicial power is expected to have the most significant impact on everyday legal matters. The technical capability and experience of the new judges will be crucial in addressing everyday justice cases in civil, family, commercial, and criminal disputes that directly affect Mexican citizens’ daily lives.
How lawyers can confront the new reality
The reform has created uncertainty among law students and professors, says Ríos Ferrer, adding that he expects a larger number of lawyers to lean more towards advisory services for organizations rather than litigation for their future career paths.
Ríos Ferrer says he believes that mediation and negotiation are important skills for lawyers to work on and develop. And by enhancing these abilities, lawyers can prevent potential conflicts or resolve existing ones as an alternative to court litigation.
For lawyers who choose to specialize in civil, family, labor, or criminal law, Ríos Ferrer recommends that they keep attending everyday justice or federal courts. This will help them react to how the elected judges administer justice and assess their performance. Having a fluent dialogue with members of the judiciary through memorandums will be a key aspect of lawyers’ practice as well.
Initially, dispute resolution in courts might need to be more pedagogical so that trials are conducted more thoroughly under the new reform. Litigators may want to be vigilant about who the candidates of the judiciary are and, once they are elected, investigate each one’s profile. By doing so, lawyers will be able to anticipate how instructive the lawyers will need to be with some of the new judges — and whether lawyers can be less so with others.
Ríos Ferrer also emphasizes the importance for litigators to maintain strong technical and ethical professional preparation, because it will be imperative to ensure that these new changes do not lead to corruption or the appearance of impropriety.
Conclusion
Mexico is embarking on an unprecedented historical transformation that will reshape the country in various ways. With the changes now outlined in the Mexican Constitution, the legal community remains hopeful that the judicial reform will benefit society and the country as a whole.
You can find out more about the changing nature of law firm business here.
