Judicial Vacancies Mount in Argentina's Comodoro Py Federal Courts
Judge Rafecas's promotion leaves nearly half of federal instruction courts without permanent leadership.
1Rising Judicial Vacancies
The Argentine Senate has received the nomination of Judge Daniel Rafecas for the National Chamber of Cassation. If confirmed, this promotion will leave five of the twelve federal instruction courts in Comodoro Py without a permanent judge. These courts are critical for investigating high-profile corruption, drug trafficking, and money laundering cases.
2Systemic Staffing Challenges
The judiciary currently faces a 35.6% vacancy rate across its ranks, a figure that climbs to 46% for prosecutor positions. Despite the Ministry of Justice processing 189 appointments under President Milei, the number of empty seats in Comodoro Py continues to grow as senior magistrates retire or transition to other high-level roles.
3The Subrogation Norm
To maintain operations, the court relies on subrogations, where sitting judges manage additional vacant desks. Judge Rafecas currently oversees two courts, while others like Ariel Lijo and Sebastián Ramos also handle multiple dockets. This temporary measure has become the standard operating procedure for managing the backlog of complex federal criminal investigations.
4Council Restructuring Delays
The Council of the Magistracy, responsible for selecting judicial candidates, is undergoing a major integration change on November 18. Officials indicate that this transition may lead to a comprehensive review of existing competition processes. Consequently, the timeline for filling the five vacant instruction courts remains uncertain and likely subject to further administrative delays.
5Stalled Selection Processes
Several competitions for vacant seats have been stalled in the Selection Commission since late November 2025. For instance, the process to fill the seat vacated by Sergio Torres seven years ago remains pending. Subcommittees have proposed various candidate lists, but final appointments are now contingent on the new Council's upcoming work agenda.
6Legislative Reform Ambitions
The current administration has proposed structural reforms for Comodoro Py, including reducing the number of chambers in the Federal Criminal Cassation Court. However, officials suggest these plans are not an urgent priority. The government currently lacks the necessary political consensus to pass broader structural changes, making immediate judicial reform highly unlikely.
7Rafecas's Career Shift
Daniel Rafecas's move to the Chamber of Cassation is viewed as a significant career step following his previously frustrated nomination for Attorney General. His promotion relies on a 2018 judicial competition. This chamber holds the authority to review sentences issued by the 30 Oral Tribunals in the City of Buenos Aires.
8Future Judicial Outlook
The judiciary faces a period of instability as it balances urgent staffing needs with potential procedural overhauls. With nearly half of the instruction courts lacking permanent titular judges, the efficiency of the legal system depends on the upcoming decisions of the new Council of the Magistracy and the resolution of pending legislative projects.