Public Defender Makes Argument for Mexico’s New Judicial Reform

Attorneys in Mexico will finally get a chance to emphatically slam a hand down on the table to make a point and face the judge in their cases, all in the public eye.

This summer, Deputy Public Defender Jesus Romero will travel to Mexico to help prepare his counterparts there for a historic change to its judicial system.

Mexico is transitioning to oral, open trials from a system where lawyers submit arguments and evidence in writing to a judge. This change was mandated by constitutional reform.

 Romero, 47, a skillful orator who has worked as a public defender for nearly 22 years, will share his expertise as the keynote speaker at the National Congress of Mexican Public Defenders. The conference is set for July 12 in Merida, Yucatan.

“It’s an incredible honor because I’m probably going to be speaking to some of the best defense attorneys from every state in Mexico,” said Romero. “They’ve asked me to speak on the role of the public defender both as an advocate for the client, for the administration of justice, and for the community-- which is what I do here as a public defender.”

Romero, whose parents are Mexican, said he feels his cultural background and fluent Spanish have made him a popular volunteer speaker on the American judicial system  in Mexico. An oral trial skills instructor since 1996 in the United States, Romero has also held various trainings with public defenders, prosecutors and judges in Mexico and Central America.

 In 2005, Mexico determined it would switch from written argument trials to oral trials so testimonies and rulings would be more transparent to the public, said Romero. The system will be nearly identical to ours, except Mexico will use a three-judge panel instead of a jury.

Currently, the country remains in transition.  Some states are still submitting all trials in writing because they do not have the funding to build courtrooms, retrain judges, attorneys and court staff.  Many other states like Tabasco, Yucatan and Oaxaca have made significant changes  in the last five years.

The change to oral trials is controversial within the legal community in Mexico. The younger attorneys see a benefit in having the trials be more public and in establishing a method for a speedy trial, Romero said.  However, some judges and attorneys don’t see a need for the change and don’t think it will work. Some attorneys who have never  spoken publically may be a little nervous at first, but after they speak in court, most later agree it is a better presentation of the case, Romero said.

“Judges will make their rulings in front of the public and in front of the press.” Romero said. “This will alleviate some of those notions of corruption and favoritism because the new system is transparent and more efficient.”

 In July, Romero plans to tell the Mexican attorneys  what it is like to work as a public defender in San Diego County. Romero works  cases at the South Bay Superior Court including homicides, and drug and gang cases.

“Being a public defender is not just a job. I think it’s a way of life. You cannot just work from 8 to 5, go home and forget your clients. That’s been my work ethic working for the County of San Diego,” said Romero. “If you don’t believe in this kind of work, you should not be a public defender. It’s being part of an important constitutional concept that people’s rights should be respected.”

Romero said it is also apparent that there is a disparity in salaries for prosecuting attorneys and public defender attorneys in Mexico.  Public defenders have to buy their own reams of paper and ink and many cannot afford to support a family on their salaries. Without parity, the system will not work because people will not choose to go into public defense and those who do will be quickly overwhelmed, he said.

“It’s important for the community to understand that public defenders are doing important work and we deserve the respect of the public," said Romero.