Key Changes Introduced by the New Organic Law of the Federal Judicial Branch

I. Background

On December 20, 2024, the Decree issuing the new Organic Law of the Federal Judicial Branch (hereinafter “the Law”) was published in the Official Gazette of the Federation, repealing the previous Organic Law published on June 7, 2021.

II. Relevant Amendments and Additions

1. Supreme Court of Justice of the Nation

• Structure Modifications:
  • The number of ministers is reduced from eleven to nine.
  • Ministers’ terms are limited to 12 years without reelection.
  • The Court will operate exclusively in Plenary with public sessions, eliminating the Chambers.
• Eligibility Requirements:
  • A professional law degree with a minimum general average of 8, and 9 in relevant subjects.
  • At least five years of professional legal practice.
  • Residence in Mexico for two years prior to the announcement.
  • Exclusion of individuals who held certain public offices (e.g., Secretary of State, Senator) within the year prior to the announcement.
  • Ministers will be elected through free, direct, and secret citizen votes during ordinary federal elections.

2. Judicial Administration Body

• Replacement of the Federal Judiciary Council:
  • The Judicial Administration Body, with technical and managerial independence, will now oversee the administration of federal judicial bodies.
• Composition:
  • Composed of five members operating in Plenary or Commissions, with a quorum of four members required.
  • Presidency is appointed for a two-year term, separating jurisdictional and administrative functions.
• Specialized Auxiliary Bodies:
  • National Judicial Training School.
  • Federal Institute of Public Defense.
  • Comptroller’s Office.
  • Judicial Experts Unit.
  • Administration Units for the Supreme Court, Electoral Tribunal, and Judicial Discipline Tribunal.
  • Federal Institute of Commercial Bankruptcy Specialists.
  • Public Center for Alternative Dispute Resolution Mechanisms.

3. Court of Judicial Discipline

• Creation and Functions:
  • Independent body with technical, managerial, and decisional independence.
  • Handles administrative liability proceedings of Federal Judicial Branch personnel and reviews appeals for serious misconduct.
  • Evaluates and monitors Circuit and District Judges.
• Composition:
  • Composed of five members elected by direct citizen vote, operating in Plenary or Commissions.
• Auxiliary Bodies:
  • Administrative Responsibilities Investigation Body.
  • Judicial Performance Evaluation Body, responsible for evaluating judicial performance based on public and transparent processes.

4. Transition Committee

• Purpose:
  • Assists in transferring material, human, financial, and budgetary resources to the new judicial bodies.
• Composition:
  • Includes the Minister President of the Supreme Court, Magistrate President of the Electoral Tribunal’s Superior Chamber, a Counselor appointed by the Federal Executive, and Dean
  • Counselors elected by the Senate and Judicial Branch.
• Powers:
  • Determines matters for resolution during the transition.
  • Supervises resource transfers to the new entities.

5. Elections

• Implementation Timeline:
  • Popular election system for federal judicial positions to be introduced between 2024 and 2025.
  • Elected Ministers, along with members of the Judicial Discipline Tribunal and Judicial Administration Body, will take office on September 1, 2025.
• Provisions for Incumbents:
  • Judges and magistrates not participating or elected will receive compensation.
  • Ministers not participating or elected will forfeit retirement bonuses unless they resign before the call closes.
• Regional Plenums:
  • Composed of individuals receiving the highest votes, with vacancies filled by second-place candidates.

III. Transitional Provisions

1. Effective Date:
   • The Law took effect on December 21, 2024.
2. Supreme Court Operations:
   • Until September 1, 2025, the Supreme Court will follow the repealed Organic Law.
   • The Court will function in Plenary or Chambers during this period.
3. Precedents and Jurisprudence:
   • Precedents and binding jurisprudence issued before the Law’s entry into force remain valid.
4. General Agreements:
   • Existing agreements by the Federal Judiciary Council will remain in force until replaced by those from the Judicial Administration Body and Court of Judicial Discipline.

This structured summary outlines the significant changes and transitional arrangements brought about by the new Organic Law of the Federal Judicial Branch, providing clarity on its implications and implementation timeline.

Stay informed with the latest legal developments @GLE News