New constitutional judiciary amendment (state congresses approval pending)

On April 16, 2026, a constitutional judiciary amendment was presented before the House of Representatives. The proposal builds on the structural redesign introduced in September 2024, when the popular election of judges, magistrates, and justices was adopted in Mexico. Its implementation during the Extraordinary Electoral Process of 2025 — in which hundreds of federal and local judicial positions were elected — represented an unprecedented transformation of Mexico's justice system.

The initiative identifies three main issues: (i) current eligibility requirements of justices, magistrates and judges (such as grade point averages or letters of recommendation) do not allow for an objective assessment of candidates' technical capabilities; (ii) the overlap with political elections created risks of politicization, information overload, and reduced quality of public deliberation; and (iii) operational shortcomings, including insufficient mechanisms to fill vacancies and the need to improve workload management in bodies such as the Supreme Court.

Against this backdrop, the initiative seeks to consolidate the judicial election model by introducing these new parameters.

Eligibility requirements and professionalization of judicial candidates

The initiative introduces changes to eligibility requirements and professionalization standards. It proposes replacing formal criteria such as academic averages with mandatory competency certification issued by the National School for Judicial Training, coupled with higher experience thresholds, particularly for appointment to the Mexican Supreme Court.

To qualify as a Supreme Court justice, candidates would be required to have at least 10 years of professional experience, including a minimum of 5 years within the judiciary. However, this experience requirement must only be fulfilled by 5 out of 9 Supreme Court justices. For circuit magistrates and district judges, candidates would need at least 7 years of experience, with at least 5 years within the judiciary.

The initiative also revises the candidate selection process through the creation of a Single Evaluation Committee, which centralizes the review and screening of applicants. The new model incorporates technical examinations, interviews, and a comprehensive assessment of professional background, while eliminating subjective requirements such as recommendation letters or essays, thereby standardizing and objectifying the selection process.

Redesign of the judicial electoral model

The initiative proposes a redesign of the judicial electoral framework, most notably by separating judicial elections from the political electoral cycle and rescheduling them to 2028. This adjustment is accompanied by a greater role for the National Electoral Institute (INE) in organizing the process, with the aim of reducing political influence and reinforcing its technical nature.

Reconfiguration of the Supreme Court

The proposal includes structural changes to the Supreme Court, which would operate in en banc and in two sections (previously known as Chambers). Binding criteria derived from its decisions would only have precedential effect when formalized through a thesis statements (tesis).

Additionally, adjustments are proposed to the governance of the Electoral Tribunal and the Judicial Disciplinary Tribunal, including election of their Chief Magistrate by its own members and the elimination of immediate re-election.

State-level implications

The initiative incorporates a federal-local harmonization component by extending certification and evaluation requirements to the states and Mexico City. In this context, states would have a period of 180 days to harmonize their legal frameworks, and the renewal of their entire judiciaries would need to be completed by 2028.

Taken together, these changes represent a comprehensive redesign of the system, aimed at greater technical rigor, uniformity, and institutional control of the judicial election process implemented in 2025.

The initiative has been approved by the Congress and will be sent to state legislatures for approval.

Authored by Luis Enrique Graham, Omar Guerreo, Jorge Valdés King, Luis Ernesto Peón, Juan Arturo Dueñas, Rogelio Gama, and Fernanda Serrano.