N.M. Code. Jud. Cond. 21-307

As amended through February 27, 2024

Rule 21-307 - Participation in educational, religious, charitable, fraternal, or civic organizations and activities

A. Subject to the requirements of Rule 21-301 NMRA, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit including, but not limited to, the following activities:

(1) assisting such an organization or entity in planning related to fundraising, and participating in the management and investment of the organization's or entity's funds;

(2) soliciting contributions for such an organization or entity, but only from members of the judge's family, or from judges over whom the judge does not exercise supervisory or appellate authority;

(3) appearing or speaking at, receiving an award or other recognition at, being featured on the program of, and permitting his or her title to be used in connection with an event of such an organization or entity. A judge shall not personally or expressly solicit financial support during the event;

(4) making recommendations to such a public or private fund-granting organization or entity in connection with its programs and activities, but only if the organization or entity is concerned with the legal system, or the administration of justice; and

(5) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity:

(a) will be engaged in proceedings that would ordinarily come before the judge; or

(b) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member.

B. A judge may encourage lawyers to provide pro bono publico legal services.

N.M. Code. Jud. Cond. 21-307

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.

Committee commentary. -

[1] The activities permitted by Paragraph A generally include those sponsored by or undertaken on behalf of public or private not-for-profit educational institutions, and other not-for-profit organizations, including law-related charitable, and other organizations.

[2] A judge should consider whether the membership and purposes of the organization, or the nature of the judge's participation in or association with the organization, would conflict with the judge's obligation to refrain from activities that reflect adversely upon a judge's independence, integrity, and impartiality.

[3] Mere attendance at an event, whether or not the event serves a fundraising purpose, does not constitute a violation of Subparagraph (A)(3). Too strict a rule forbidding a judge's attendance at or participation in community events would discourage judges from participating in their communities and interacting with citizens and neighbors, a result that would isolate judges from the public they serve and would be detrimental to encouraging public support for the judiciary. At the same time, there is a potential for a judge's presence as a major participant at a fundraising event to exert undue influence on persons to contribute to the event. Subparagraph (A)(3) strikes a balance by recognizing a de minimis level of participation that is permitted and encouraged. It is generally permissible for a judge to serve as an usher or a food server or preparer, to be part of a theatrical or musical performance with others, to introduce speakers or present awards and to perform similar functions, at fundraising events. Such activities are not solicitation and do not present an element of coercion or abuse the prestige of judicial office. A judge must be cognizant of the requirements of Rule 21-103 NMRA in connection with fundraising activities for educational, religious, charitable, fraternal, or civic organizations and activities.

[4] It shall be permissible for a judge's name to appear on an organization's letterhead, even if the letter solicits funds or membership, as long as the judge is not personally involved in the solicitation. A judge's title, however, shall not appear on an organization's letterhead for any purpose.

[5] In addition to appointing lawyers to serve as counsel for indigent parties in individual cases, a judge may promote broader access to justice by encouraging lawyers to participate in pro bono publico legal services, if in doing so the judge does not employ coercion, or abuse the prestige of judicial office. Such encouragement may take many forms, including providing lists of available programs, training lawyers to do pro bono publico legal work, and participating in events recognizing lawyers who have done pro bono publico work.

[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012; as amended by Supreme Court Order No. 15-8300-013, effective December 31, 2015.]

ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-013, effective December 31, 2015, in Subparagraph A(1), changed "fund-raising" to "fundraising"; and in the committee commentary, in Paragraph [4], deleted the first sentence which read "A judge's title or name shall not appear on a letter that solicits funds or membership", and added the present two sentences of the paragraph, and made technical changes throughout. Recompilations. - Pursuant to Supreme Court Order No. 11-8300-045, the former Judicial Code of Conduct was recompiled, effective January 1, 2012. See the preceding table of corresponding rules for former rule numbers and the corresponding new rule numbers. JUDICIAL REPRIMANDS Fund-raising activities. - Where a magistrate judge personally participated in the solicitation of funds for a baseball tournament for the benefit of municipal and high school baseball programs and used the prestige of the judge's judicial office for the fund-raising and created the appearance that the judge had done so, the judge's conduct constituted willful misconduct in office. In re Wingenroth, S.Ct. No. 33,228 (Filed October 19, 2011), Inquiry Concerning a Judge No. 2011-020 (decided prior to the 2011 recompilation).