N.M. Code. Jud. Cond. 21-311

As amended through February 27, 2024

Rule 21-311 - Financial or business activities

A. A judge may hold and manage investments of the judge and members of the judge's family.

B. A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in:

(1) a business closely held by the judge or members of the judge's family; or

(2) a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family.

C. A judge shall not engage in financial activities permitted under Paragraphs A and B if they:

(1) will interfere with the proper performance of judicial duties;

(2) will lead to frequent disqualification of the judge;

(3) will involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves;

(4) may reasonably be perceived to exploit the judge's judicial position; or

(5) will result in violation of other provisions of this Code.

D. No full-time municipal, magistrate, metropolitan, district, or appellate judge may hold any other judicial position, elected or appointed.

N.M. Code. Jud. Cond. 21-311

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

Committee commentary. -

[1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of this Code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with or unduly burdens the performance of judicial duties. See Rule 21-201 NMRA. Similarly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required. See Rules 21-103 and 21-211 NMRA.

[2] As soon as is practicable without serious financial detriment, the judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this rule.

[3] When a judge acquires information in a judicial capacity, such as material contained in filings with the court, that is not yet generally known, the judge must not use the information for private gain.

[4] A judge must avoid financial and business dealings that involve the judge in frequent transactions or continuing business relationships with persons likely to come either before the judge personally or before other judges on the judge's court. In addition, a judge should discourage members of the judge's family from engaging in dealings that would reasonably appear to exploit the judge's judicial position. This rule is necessary to avoid creating an appearance of exploitation of office or favoritism and to minimize the potential for disqualification. With respect to affiliation of relatives of judge with law firms appearing before the judge, see Rule 21-211 NMRA relating to disqualification.

[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.