N.M. Code. Jud. Cond. 21-216

As amended through February 27, 2024

Rule 21-216 - Cooperation with disciplinary authorities

A. A judge shall cooperate and be candid and honest with and comply with all rules, requirements, and procedures of the New Mexico Judicial Standards Commission, the New Mexico Disciplinary Board, and the New Mexico Judicial Performance Evaluation Commission.

B. A judge shall not retaliate, directly or indirectly, against a person known or suspected to have filed a complaint or to have assisted or cooperated with an investigation of a judge or a lawyer.

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

Committee commentary. -

[1] Cooperation with investigations and proceedings of judicial and lawyer discipline agencies, as required in Paragraph (A), instills confidence in judges' commitment to the integrity of the judicial system and the protection of the public.

[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. JUDICIAL REPRIMANDS Refusal to submit to drug testing. - Where a judge knowingly evaded the service of an order of the Judicial Standards Commission to submit to drug testing; the judge did not appear for drug testing for more than seventy-two hours after the judge learned of the commission's order, refused to submit to the collection of a sample, and ordered the judge's own tests to obtain results that would be available only to the judge; and when the judge finally submitted to the drug testing as ordered by the commission, the judge tested positive for cocaine, the judge's conduct constituted willful misconduct in office. In re Garza, 2007-NMSC-028, 141 N.M. 831, 161 P.3d 876 (decided prior to the 2011 recompilation). Failure to cooperate with the Judicial Standards Commission. - Where a judge failed to cooperate with and comply with the rules, requirements, and procedures of the Judicial Standards Commission by failing to file a written response to the commission's notice of preliminary investigation, the judge's conduct was willful misconduct in office. In re Vigil, S.Ct. No. 26,328 (Filed May 7, 2001) (decided prior to the 2011 recompilation).