N.M. Code. Jud. Cond. 21-213

As amended through February 27, 2024

Rule 21-213 - Administrative appointments

A. In making administrative appointments, including the appointment of lawyers, a judge:

(1) shall exercise the power of appointment impartially and on the basis of merit;

(2) shall avoid nepotism, favoritism, and unnecessary appointments; and

(3) shall avoid the appearance of impropriety.

B. A judge shall not approve compensation of appointees beyond the fair value of services rendered.

N.M. Code. Jud. Cond. 21-213

Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012.

Committee commentary. -

[1] Appointees of a judge include assigned counsel, officials such as referees, commissioners, special masters, mediators, receivers, and guardians, and personnel such as clerks, secretaries, and bailiffs. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by Paragraph (A).

[2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative within the third degree of relationship of either the judge or the judge's spouse or domestic partner, or the spouse or domestic partner of such relative.

[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012.]

ANNOTATIONS Recompilations. - Pursuant to Supreme Court Order No. 11-8300-045, the former Judicial Code of Conduct was recompiled, effective January 1, 2012. See the table of corresponding rules for former rule numbers and the corresponding new rule numbers.