Rule 21-003 - TerminologyA. "Aggregate," in relation to contributions for a candidate, means not only contributions in cash or in kind made directly to a candidate's campaign committee, but also all contributions made indirectly with the understanding that they will be used to support the election of a candidate or to oppose the election of the candidate's opponent. See Rule 21-315 NMRA.B. "Appearance of impropriety" includes conduct that would create in reasonable minds a perception that the judge violated the Code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge.C. "Appropriate authority" means the authority with responsibility for initiation of disciplinary process in connection with the violation to be reported. See Rules 21-214 and 21-215 NMRA.D. "Contribution" means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, which, if obtained by the recipient otherwise, would require a financial expenditure. See Rules 21-211, 21-301, 21-307, 21-313, 21-401, 21-402, and 21-404 NMRA. E. "De minimis," in the context of interests pertaining to disqualification of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge's impartiality. See Rule 21-211 NMRA.F. "Domestic partner" means a person with whom another person maintains a household and an intimate relationship, without a legally recognized marriage. See Rules 21-211, 21-213, 21-313, and 21-314 NMRA.G. "Economic interest" means ownership of more than a de minimis legal or equitable interest. Except for situations in which the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before the judge, it does not include the following: (1) an interest in the individual holdings within a mutual or common investment fund;(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge's spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant;(3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or(4) an interest in the issuer of government securities held by the judge. See Rules 21-103 and 21-211 NMRA.H. "Fiduciary" includes relationships such as executor, administrator, trustee, or guardian. See Rules 21-211, 21-302, and 21-308 NMRA.I. "Impartial," "impartiality," and "impartially" mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge. See Canons 1, 2, and 4, and Rules 21-102, 21-202, 21-210, 21-211, 21-213, 21-301, 21-312, 21-313, 21-401, and 21-402 NMRA.J. "Impending matter" is a matter that is imminent or expected to occur in the near future. See Rules 21-209, 21-210, 21-313, and 21-401 NMRA.K. "Impropriety" includes conduct that violates the law, court rules, or provisions of this Code and conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge. See Canon 1 and Rule 21-102 NMRA.L. "Independence" means a judge's freedom from influence or controls other than those established by law. See Canons 1 and 4, and Rules 21-102, 21-301, 21-312, and 21-402 NMRA.M. "Integrity" means probity, fairness, uprightness, and soundness of character. See Canon 1 and Rule 21-102 NMRA.N. "Judge" means all justices and judges of the Supreme Court, Court of Appeals, district courts, magistrate courts, metropolitan courts, probate courts, and municipal courts.O. "Judicial candidate" means any person, including a sitting judge, who is seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, authorizes or, where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for election or appointment to office. See Rules 21-211, 21-400, 21-401, 21-402, 21-403, and 21-404 NMRA.P. "Knowingly," "knowledge," "known," and "knows" means actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. See Rules 21-211, 21-213, 21-215, 21-216, 21-306, and 21-401 NMRA.Q. "Law" encompasses court rules as well as statutes, constitutional provisions, and decisional law. See Rules 21-101, 21-201, 21-202, 21-206, 21-207, 21-209, 21-301, 21-304, 21-312, 21-313, 21-314, 21-315, 21-401, 21-402, 21-404, and 21-405 NMRA.R. "Member of the candidate's family" means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the candidate maintains a close familial relationship.S. "Member of the judge's family" means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. See Rules 21-307, 21-308, 21-310, and 21-311 NMRA.T. "Member of the judge's family residing in the judge's household" means any relative of a judge by blood or marriage, or a person treated by the judge as a member of the judge's family, who resides in the judge's household. See Rules 21-211 and 21-313 NMRA.U. "Nonpublic information" means information that is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentencing reports, dependency cases, or psychiatric reports. See Rule 21-305 NMRA.V. "Pending matter" is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. See Rules 21-209, 21-210, 21-313, and 21-401 NMRA.W. "Personally solicit" means a direct request made by a judge or a judicial candidate for financial support or in-kind services, whether made by letter, telephone, or any other means of communication. See Rules 21-307, 21-401, and 21-404 NMRA.X. "Political organization" means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. For purposes of this code, the term does not include a judicial candidate's campaign committee as authorized by Rule 21-404 NMRA. See Rules 21-401 and 21-402 NMRA.Y. "Public election" includes primary and general elections, partisan elections, non-partisan elections, and retention elections. See Rules 21-402 and 21-404 NMRA.Z. "Third degree of relationship" includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rule 21-211 NMRA.N.M. Code. Jud. Cond. 21-003
Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012; as amended by Supreme Court Order No. 15-8300-013, effective 12/31/2015. ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-013, effective December 31, 2015, added the Rule Number "21-003" to the Terminology of the Code of Judicial Conduct, added Paragraph N, and designated the previously undesignated defined terms as Paragraphs A through Z.