Mexico City.- With three votes in favor, the Electoral Court gave the green light to its Legal Affairs Department to file a complaint with the Attorney General’s Office against Judge Rodrigo de la Peza for ordering the Superior Court to appoint two missing magistrates.
In the morning, Judge Felipe Fuentes reported that the only thing missing was the signature or vote of his counterpart Reyes Rodríguez for the general agreement to execute the actions against the judge.
This evening, Rodríguez indicated that she signed, but added to the agreement a dissenting opinion in which she clarifies that she is against filing criminal charges against De la Peza, a position shared by her colleague Janine Otálora.
The three judges approved that the Court’s legal representative should file the complaint with the FGR, considering that the judge violated constitutional powers, invaded the autonomy of the Electoral Court and intended that the Superior Chamber illegally form its composition.
In his dissenting opinion, Reyes insists that the measure is disproportionate, and that the Superior Court did not exhaust the other internal avenues available to resolve conflicts between organs of the Judiciary.
For this reason, he insisted, a complaint should only be filed with the Judicial Council.
“In my opinion, the decision to file a criminal complaint against the District Judge is not pertinent and is disproportionate, since there is no indication, however slight, that suggests the existence of any irregularity that could constitute a crime and, furthermore, there are no elements to file a criminal complaint against him,” he said.
Furthermore, he said, international bodies have established that all proceedings against judges must be resolved in accordance with established standards of judicial conduct and through fair, objective and impartial procedures, according to the general Constitution or the law.
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