Rule 21-315 - Extrajudicial compensation, expense reimbursement, and reportingA.Compensation and reimbursement. A judge may receive compensation and reimbursement of expenses for extrajudicial activities permitted by this Code, unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.B.Extrajudicial compensation.(1) Extrajudicial compensation is the consideration received for services rendered by a judge to a person, firm, corporation, or association other than the salary, benefits, and perquisites of office provided to the judge for the performance of official judicial duties.(2) Extrajudicial compensation does not include(a) interest, dividends, rents, royalties, working interests, proceeds of or profits from the sale or exchange of assets;(b) compensation or income earned prior to entering judicial service, including fees, salary, benefits, perquisites, disability benefits, or retirement benefits;(c) reimbursement of expenses incurred prior to entering judicial service; or(d) compensation or income of a spouse or domestic partner attributed to the judge by operation of community property or other law.(3) Extrajudicial compensation should not exceed a reasonable amount for the activities performed, and should not exceed what a person who is not a judge would receive for the same activity.(4) A judge shall publicly report extrajudicial compensation received.C.Expense reimbursement. A judge shall publicly report reimbursement of expenses and waiver of fees or charges permitted by Rule 21-314 NMRA, unless the amount of reimbursement or waiver, alone or in the aggregate with other reimbursements or waivers received from the same source in the same calendar year, does not exceed five hundred dollars ($500.00). Any payment in excess of actual cost is extrajudicial compensation subject to the requirements of this rule. Reimbursement of expenses and waiver of fees or charges, when provided by a governmental entity or entity primarily funded by state or federal funds in connection with judicial education and training, are neither extrajudicial compensation nor subject to the requirements of this rule. D.Public reports. In addition to all other reports required by law, a judge should report the date, place, and nature of any activity for which the judge received extrajudicial compensation or expense reimbursement as defined in this rule, including the name of the payor and the amount, or character and value, of extrajudicial compensation or expense reimbursement so received. The judge's report shall be filed annually as a public document in the office of the clerk of the court on which the judge serves or other office designated by law, and, when technically feasible, posted by the court or office personnel on the court's website.N.M. Code. Jud. Cond. 21-315
Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012; partially suspended by Supreme Court Order No. 13-8300-009, effective immediately and until further order of the Court, suspending Paragraph A in its application to part-time probate judges and part-time municipal judges, suspending Paragraph A to the extent that extrajudicial compensation includes income from interest, dividends, rents, royalties, working interests, proceeds of or profits from the sale or exchange of capital assets as defined by the Internal Revenue Code and regulations, or the collection of fees or retirement benefits earned or reimbursement of expenses incurred prior to entering judicial service, and suspending Paragraph A to the extent that it requires judges to report the reimbursement of expenses and the waiver of fees and charges by a governmental entity or entity primarily funded by state or federal funds, in connection with judicial education and training; as amended by Supreme Court Order No. 15-8300-013, effective 12/31/2015.Committee commentary. - The Code does not prohibit a judge from accepting honoraria or speaking fees, provided that the amount of the extrajudicial compensation is reasonable and commensurate with the task performed. A judge should ensure, however, that no conflicts of interest are created by the arrangements. A judge must not appear to trade on judicial office for personal advantage. A judge shall not spend significant time away from court duties in order to meet speaking or writing commitments. Neither the source of payment nor the amount paid as extrajudicial compensation must raise any question of undue influence or the judge's ability or willingness to be impartial. Engaging in business for profit with the State of New Mexico or any of its departments, officials, or political subdivisions, either in person or through an entity in which the judge owns an interest, should be carefully scrutinized to avoid creating a conflict of interest or suggesting that the judge is exploiting judicial office for personal advantage. For further guidance on compensation for extrajudicial activities, see Rule 21-312 NMRA. For further guidance on reimbursement of expenses and waivers of fees and charges, see Rule 21-314 NMRA.
[Adopted 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, completely rewrote the rule; in the heading, deleted "Reporting requirements" and added "Extrajudicial compensation, expense reimbursement, and reporting"; deleted former Paragraphs A through D, which provided for public reporting of extrajudicial compensation, and added new Paragraphs A through D; and added the committee commentary. 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.