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Mendoza Debate Seeks to Curb Discretion in Judicial Selection

Proposed rules aim to reduce subjective scoring, boost transparency and could be altered by an October 20 vote for four lawyer seats on the Consejo de la Magistratura.

Overview

  • Academics, provincial and federal judges and legislators met at a public forum to criticize the Consejo’s use of discretionary criteria, which currently account for about 60% of the score that forms ternas.
  • Speakers proposed concrete reforms: anonymous exams scored with numerical grades, a lower weight for discretionary judgment (suggested below 50 percent and ideally under 40 percent), and clearer objective criteria for merit and moral solvency.
  • Several presenters demanded full transparency of Consejo deliberations, calling for published actas and recorded positions from councillors so the rationale for selections can be reviewed.
  • Legislators also suggested institutional fixes such as banning tactics that preserve incumbency, and raising the Senate approval threshold for nominees to a two‑thirds majority to build broader consensus.
  • Commentators linked selection flaws to system capacity problems, noting low judicial budgets, vacant posts and the heavy workload in the Cámara Federal de Mendoza—about 12,000 resolutions a year—which they say harm access to justice.