N.M. Code. Jud. Cond. 21-405

As amended through February 27, 2024

Rule 21-405 - Activities of judges who become candidates for nonjudicial office

A. A judge seeking appointment to a public, nonjudicial office shall not:

(1) solicit or accept funds, personally or through a committee, or otherwise, to support the candidacy;

(2) engage in any political activity to secure the appointment except:

(a) communicating with the appointing authority;

(b) seeking the support or endorsement for the appointment from organizations and from individuals to the extent requested, required or permitted by the appointing authority, subject to these rules; and

(c) providing to the appointing authority information concerning the candidate's qualifications for the office.

B. A judge seeking appointment to a public nonjudicial office, during the time the appointment is sought, shall be disqualified from presiding or participating as a judge in any legal proceeding involving or materially affecting the interests of:

(1) the appointing authority; or

(2) an organization or individual that has been contacted by the candidate to make, or is known by the candidate to be making, a recommendation to the appointing authority concerning the appointment.

C. No judge of any court in the State of New Mexico may while in office accept a nomination for, or be elected to, a public nonjudicial office. A judge must, when filing a statement of candidacy for elective nonjudicial office, resign the judge's office immediately.

N.M. Code. Jud. Cond. 21-405

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] In campaigns for nonjudicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act if elected to office. Although appropriate in nonjudicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her. The potential for misuse of the judicial office, and the political promises that the judge would be compelled to make in the course of campaigning for nonjudicial elective office, together dictate that a judge who wishes to run for such an office must resign upon becoming a candidate.

[2] The "resign to run" rule set forth in Paragraph C ensures that a judge cannot use the judicial office to promote his or her candidacy, and prevents post-campaign retaliation from the judge in the event the judge is defeated in the election. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the "resign to run" rule.

[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, changed "non-judicial" to "nonjudicial" throughout the rule and committee commentary; and in Paragraph C, after "No", deleted "full-time". 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.