by: Dr. Mario Melgar-Adalid

 The members of Mexico's Supreme Court (SCJN) have elected Juan Silva Meza as their next Chief Justice. Additionally, a vacancy in the SCJN's bench will be filled to replace the late Justice Jose de Jesus Gudino Pelayo. Mexico's Senate will review, for the second time, the slate of three candidates submitted by President Felipe Calderon. The SCJN is comprised of 11 justices. In contrast with the United States, where the executive branch nominates justices for the U.S. Supreme Court, in Mexico the Court's Chief Justice is elected by the rest of the justices of the SCJN without ratification by Mexico's legislative branch. The Chief Justice's term lasts four years. Vacancies in the SCJN's bench may occur by the expiration of a justice's term, which lasts 15 years, or as a result of the resignation or death of a SCJN justice. Mexico's President sends a slate of three candidates to Mexico's Senate, which in turn selects an individual from such slate of candidates who will fill a vacancy in the SCJN's bench. If the Senate rejects the slate of three candidates submitted by the President, which recently occurred, the President must send another slate of three candidates. If such second slate is rejected, the President has the authority to directly appoint one of the candidates from the proposed slate as a SCJN justice. As noted, the procedure to fill vacancies in Mexico's SCJN is different from the process that occurs in the U.S., where the President nominates a justice to the U.S. Supreme Court, which must then be ratified by the U.S. Senate. In Mexico, the process of selecting a SCJN justice in the Senate involves proceedings before the Senate's United Justice and Legislative Research Commissions ("Commissions"). The Commissions verify that the proposed candidates meet the requirements mandated by Mexico's Constitution. Once the constitutional requirements for each candidate have been reviewed, SCJN justice candidates appear before the Commissions. The Commissions then submit a review of each candidate to Mexico's Senate. Finally, the SCJN justice candidates appear before the Senate. Mexico's Senate must approve any prospective SCJN justice by a two-third's vote of the senators present in the Senate chamber at the time the vote takes place. The three candidates proposed recently - Jorge Higuera Corona, Alberto Perez Dayan and Jorge Mario Pardo Rebolledo - all come from the federal judicial branch of Mexico's government. The candidate that was finally appointed by the Mexican Senate was Jorge Mario Pardo Rebolledo. He is known for his ability, integrity and knowledge. He should be a valuable and dignified member of the SCJN.