New Constitutional Reform to the Judiciary in Mexico

The Constitutional Reform on Judicial Power published on September 15, 2024 in the Official Gazette of the Federation, constituted a paradigm shift in the judicial system by introducing the popular election model for Judges and Magistrates in Mexico.

The implementation of the new system during the first judicial electoral process revealed several operational challenges related to the evaluation and selection of candidates, as well as the need to establish more uniform criteria and experience requirements in jurisdictional functions for the organization and development of the selection process.

Therefore, on June 2, 2026, a new Constitutional Reform regarding the Judicial Power was published in the Official Gazette of the Federation, through which various articles of the Political Constitution of the United Mexican States are modified.

Although no modifications were made to the general model of popular election of Judges and Magistrates, the new reform seeks to improve various aspects related to the evaluation, selection and nomination of candidates for jurisdictional positions.

The main changes introduced by the reform are outlined below:

1. Sections of the Supreme Court of Justice of the Nation.

One of the most significant changes is that the Supreme Court of Justice of the Nation may operate in two "Sections," subject to prior agreement by the full court. This modification represents a return to the structure under which the Supreme Court was divided before the 2024 reform; the only difference being that, at that time, it was composed of Chambers instead of "Sections."

Through the operation of these “Sections” the aim is to provide the Supreme Court of Justice of the Nation with greater flexibility to organize its work, distribute the workload and promote a more specialized analysis of the matters submitted to its knowledge.

2. Evaluation of judicial candidates.

The 2026 Constitutional Reform strengthens the system responsible for evaluating individuals aspiring to judicial positions. To this end, the Evaluation Committees of the three branches of government are maintained.Executive, Legislative and Judicial-, who are responsible for reviewing the profiles of the applicants, verifying that they meet the applicable constitutional and legal requirements, and selecting those who will be able to participate in the judicial elections.

For its part, the creation of a Coordinating Commission is planned. This collegiate body will be responsible for establishing common criteria and methodologies for evaluating candidates. The aim is to strengthen the uniformity and coordination of selection processes among the branches of the federal government.

3. Post-election evaluation.

The Judicial Disciplinary Tribunal is granted the power to evaluate the performance of elected judges during their first year in office. Furthermore, this body may order training and professional development programs for judicial authorities.

This measure seeks to monitor the performance of those elected by popular vote and strengthen the mechanisms of supervision and continuous improvement within the Federal Judiciary.

4. Postponement of the judicial election until 2028.

Finally, the next federal judicial election, originally scheduled for 2027, is postponed until 2028. This modification provides a longer period for the implementation of the new provisions incorporated into the system for evaluating, selecting, and nominating judicial candidates.                                          

In conclusion, the 2026 Constitutional Reform incorporates various adjustments to the current judicial election system, particularly regarding the evaluation and selection of candidates.

Although the fundamental aspects of the model introduced in 2024 are not altered, mechanisms are added to strengthen its functioning and institutional coordination.

While the new reform represents an adjustment based on the experience of the 2025 judicial elections and reincorporates critical issues such as the division of the Supreme Court of Justice of the Nation into "Sections" and the need for Judges to have a certain number of years of experience in jurisdictional activities, the reality is that the candidates will continue to be selected by a Committee partially external to the Judiciary, which leaves serious doubts about the capacity of those who will be the next Judges and Magistrates.