The Mexican Senate’s Justice Commission delivered a decisive blow to Judge Irlanda Gabriela Pacheco Torres on Wednesday, September 17th, rejecting her request for a seven-month leave of absence. The judicial officer had sought to maintain her position as General Director of Evaluation at the Customs Agency while serving as a criminal judge, a dual role that sparked intense debate among legislators.
Senate’s firm stance against judicial misconduct
Senator Javier Corral, president of the Justice Commission, articulated the rationale behind the rejection with unwavering clarity. He emphasized that access to justice constitutes a fundamental human right, and the jurisdictional function serves as the primary vehicle for its fulfillment. The senator argued that Pacheco Torres had sufficient time to conclude her administrative responsibilities at the Customs Agency.
“She had adequate time to transfer her duties in the area under her supervision. There exists no justified cause or compelling reason to grant the requested leave,” Corral stated during the Wednesday session. His words reflected the commission’s commitment to maintaining judicial integrity and preventing conflicts of interest within Mexico’s legal system.
The criticism intensified when Morena party member Malú Mícher went beyond mere rejection, calling for Pacheco Torres to resign entirely. Her sharp rebuke highlighted the ethical dimensions of the controversy : “This individual should submit her resignation. This is a matter of ethics, but she failed to understand that she had three months to resolve matters from her previous position.”
Mícher’s most damning assessment came with her declaration : “This is not a game, it’s the Judiciary. This constitutes a mockery.” These words encapsulated the senators’ frustration with what they perceived as cavalier treatment of judicial responsibilities.
| Senator | Party | Position | Key Statement |
|---|---|---|---|
| Javier Corral | Commission President | Rejection | No justified cause for leave |
| Malú Mícher | Morena | Resignation demanded | “This is not a game, it’s the Judiciary” |
| Guadalupe Murguía | PAN | Constitutional violation | Dual public positions prohibited |
| Carolina Viggiano | PRI | Abstention | Linked to judicial reform opposition |
Constitutional violations and disciplinary measures
PAN Senator Guadalupe Murguía raised constitutional concerns, pointing out that Mexican law explicitly prohibits judges from holding two public positions simultaneously. She expressed regret that Pacheco Torres had assumed her judicial role without properly separating from her customs position, describing this as a significant violation requiring immediate attention from disciplinary authorities.
“I regret that she took possession without separating from her assignment at Customs. This is not a minor issue; the Constitution expressly states, among other officials, that judges cannot occupy two public positions. This is a violation that must be brought to the attention of the Judicial Discipline Tribunal and the Administrative Body,” Murguía explained.
The constitutional implications extend beyond mere procedural violations. The separation of powers doctrine and judicial independence principles demand that judges maintain undivided loyalty to their judicial responsibilities. Pacheco Torres’s situation directly challenged these foundational concepts of Mexican jurisprudence.
Senator Alejandra Barrales from Movimiento Ciudadano highlighted the sensitive nature of Pacheco Torres’s judicial assignment. The judge was designated to work at the National Center for Specialized Justice in Technical Control of Arraigo and Communication Intervention, handling delicate matters requiring complete focus and ethical integrity.
Financial incentives and career motivations
The financial aspects of Pacheco Torres’s dual employment arrangement drew significant scrutiny. Her position at the Customs Agency provided a substantial net monthly salary of 116,000 pesos, creating apparent conflicts between financial interests and judicial duties. This compensation structure raised questions about her motivations for seeking the extended leave rather than making a clean break from her administrative role.
The judge’s educational credentials include a law degree from the National Autonomous University of Mexico and a master’s degree in Criminal Law from the National Institute of Criminal Sciences. Despite these qualifications, her professional conduct during the transition period undermined confidence in her commitment to judicial service.
Critics argued that Pacheco Torres’s reluctance to immediately resign from her customs position suggested financial considerations took precedence over judicial obligations. The following factors contributed to senators’ skepticism :
- Substantial monthly income from the Customs Agency position
- Three-month transition period already provided for administrative closure
- Constitutional prohibition on dual public employment
- Sensitive nature of her assigned judicial responsibilities
- Ethical implications of divided loyalties
Controversial background and criminal connections
Perhaps most damaging to Pacheco Torres’s reputation were revelations about her previous legal work. PRI Senator Carolina Viggiano disclosed that the judge had previously served as a defense attorney for a member of Unión Tepito, a criminal organization, while simultaneously holding her customs position.
“Irlanda Pacheco was defender of ‘Trompas,’ an extortionist member of Unión Tepito, at the same time she was a customs official. The judicial reform is what put Irlanda and others in an accordion, just like her, there are other profiles linked to crime or without the capacity for the position,” Viggiano revealed.
This disclosure transformed the leave request controversy into a broader examination of judicial reform effectiveness and candidate vetting procedures. The revelation that someone with alleged criminal connections could ascend to judicial positions through popular election raised fundamental questions about the new selection system.
The Senate’s ultimate rejection of Pacheco Torres’s leave request sent a clear message about institutional expectations for judicial conduct. The decision emphasized that judicial service demands complete dedication and ethical behavior that transcends personal financial considerations. This case will likely serve as a precedent for future instances where judges attempt to maintain conflicting professional obligations while serving in Mexico’s reformed judicial system.
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