PROGRESS ON JUDICIAL REFORM IN JALISCO

UNCLAS GUADALAJARA 000351

SIPDIS

SIPDIS

MEXICO FOR USAID - RHERRERA

E.O. 12958: N/A
TAGS: KJUS PGOV EAID MX
SUBJECT: PROGRESS ON JUDICIAL REFORM IN JALISCO

REF: GUADALAJARA 226


1. Jalisco is moving forward on judicial reform under the new
government of Emilio Gonzalez Marquez. With our encouragement
back in April, Jalisco's Secretary General Fernando Guzman
finally sent a letter dated June 17 in which the Government of
Jalisco formally committed itself to pursue the implementation
of oral trials in its penal and civil law system. This letter
will facilitate Consulate and USAID assistance for their efforts.


2. On July 10 the Consul General met with professors from the
Panamerican University who are involved in judicial reform
issues, including the Governor's designated coordinator for
promoting oral trials, Francisco Jimenez. We discussed the
political problems that caused previous reform legislation to
fail, and Jimenez outlined his plans to pursue a broad based
approach with academics, lawyers, judges, and others to build
popular support and craft a bill that will pass in the new State
Legislature. Oral trials comprise one part of broader reforms
that include alternative dispute resolution and mediation, which
Jalisco is already starting to implement.


3. The group noted that although passage of oral trials
legislation is destined to happen, practical obstacles must be
overcome, including a generational divide among legal
professionals. While younger lawyers, judges and students view
oral trials as a positive development in the future of the
Mexican legal system, the older generation has no vested
interest in reform. Entrenched in the current practice, any
change will create more work for them and render them novices in
their lifelong professions. Although the University runs
informal training sessions on oral trials, the professors
discussed the need for formalized education on substantial and
procedural issues related to any reform. Whole textbooks that
are currently used will become obsolete once reforms are
approved. Although the government has begun to build a new
judicial complex, the state Supreme Court and others believe
that much more funding will be needed to construct
state-of-the-art courtrooms for oral trials.


4. Separately, but in a similar vein, the University of San
Diego Trans-Border Institute "Justice in Mexico" project held a
seminar on "Public Security and Penal Code Reform" in
Guadalajara on July 11. The forum brought together academics
and practitioners, including the state Secretary for Public
Security, to discuss police reform, use of the military for
police functions, and many questions connected to reform of the
penal code in Mexico. While disagreement between the professors
and officials emerged, the forum provided an excellent
opportunity to put these concerns on the table in the broader
context of judicial reform in Mexico. The next San Diego forum
will take place at the end of September in Aguascalientes on the
subject of "Legal Ethics and Professional Practice Issues."


5. Comment: Given the interest of the new Jalisco
administration and the importance of moving forward slowly, but
steadily, the Consulate will continue to work with all parties -
executive, legislative, judicial, and academic - to assist as we
can. Coordinator Jimenez indicated he would welcome USAID's
input in this process, and we will seek to set up a meeting with
experts for late August or September. End comment.

MELZOW