BTN News: The TEPJF has decided not to follow a judge’s order to name two temporary magistrates within 24 hours. They also plan to file a complaint against Judge Rodrigo de la Peza López of the Ninth District Administrative Court.
The TEPJF stated that the judge did not have the authority to give such an order about the ongoing suspension incident related to the amparo case 969/2024. They believe the matter is related to elections. This decision was made during a session led by TEPJF President Mónica Soto Fregoso, with all five current magistrates present. They found the judge’s orders to be unnecessary and extreme.
As a result, the TEPJF will not follow the ruling and will file a criminal complaint against Judge de la Peza with the Attorney General’s Office. They will also file a formal complaint with the Federal Judiciary Council.
In their official statement, the TEPJF said they are committed to following the Mexican Constitution and electoral laws. They reaffirmed their status as the highest judicial authority in electoral matters under Article 99 of the Constitution.
Background Information on the Dispute Between the TEPJF and Judge de la Peza
The issue started after the Mexican Human Rights Commission filed an amparo on June 14. They pointed out that Congress had failed to appoint the missing magistrates to the TEPJF’s Superior Chamber. These vacancies have existed since last year because the ruling party in Congress has delayed the appointments.
Since October, the TEPJF has been operating with only five out of seven magistrates. In February 2024, the TEPJF urged Congress to fill the vacancies before the June 2 electoral process. Magistrate Janine Otálora Malassis criticized the Senate for its delays, noting they had candidate lists for many judicial vacancies. Magistrate Reyes RodrÃguez Mondragón highlighted the impact of these delays on justice.
How Magistrates Are Appointed to the TEPJF Superior Chamber
According to the Judicial Power’s Organic Law, the TEPJF’s Superior Chamber should have seven magistrates. The Supreme Court of Justice sends candidate profiles to the Senate, where a two-thirds vote is needed for appointment. Magistrates serve nine-year terms, with staggered appointments to ensure continuity.
Political Reactions to the Judge’s Order and TEPJF’s Decision
Interior Secretary Luisa MarÃa Alcalde has called for a political trial against Judge de la Peza for allegedly violating the Constitution. She praised the TEPJF for defending its autonomy and constitutional role against what she termed the judge’s undue interference. The Chamber of Deputies has received the request for a political trial against the judge from the Interior Ministry.
