N.M. Jud. Stand. Comm. R. 1

As amended through August 23, 2024

Rule 1 - Authority, application, purposes and other rules

A.Authority. The Judicial Standards Commission Rules ("rules") are promulgated pursuant to Article VI, Section 32 of the Constitution of the State of New Mexico and Sections 34-10-1 to 34-10-4 New Mexico Statutes Annotated 1978 ("NMSA").

B.Application. The rules shall apply to all proceedings before the Judicial Standards Commission ("Commission").

C.Purposes. The purposes of the Commission and these rules shall be:

(1) To protect the public from willful misconduct of judges, from persistent failure or inability of judges to perform the duties of office, from habitual intemperance of judges or disability of judges which is, or is likely to be, permanent and seriously interferes with a judge's performance of the duties of office.

(2) To preserve the integrity of the judicial process; to maintain public confidence in the judiciary; and, to create a greater awareness among the judiciary and the public of proper judicial behavior.

(3) To provide for the expeditious and fair disposition of complaints alleging grounds for discipline, removal, or retirement of a judge.

D.Other Rules.

(1) The New Mexico Rules of Evidence, Rule 11-101, et seq. New Mexico Rules Annotated ("NMRA") shall apply to all hearings on the merits conducted before the Commission to determine if there is good cause to recommend to the New Mexico Supreme Court ("Supreme Court") the discipline, removal, or retirement of a judge ("adjudicatory phase"). The New Mexico Rules of Evidence shall not apply to all hearings on the merits conducted before the Commission to determine recommendations to the Supreme Court regarding discipline, removal, or retirement of a judge ("recommendations phase").

(2) The New Mexico Rules of Civil Procedure, Rule 1-001et seq. NMRA, and the New Mexico Rules of Criminal Procedure, Rule 5-101, et seq. NMRA shall not, except as otherwise incorporated herein, apply to any portion of hearings on the merits or any other proceeding before the Commission.

(3) A presiding officer appointed as set forth herein may, however, refer to the New Mexico Rules of Civil Procedure and the New Mexico Rules of Criminal Procedure for guidance on matters not specifically covered by these rules.

N.M. Jud. Stand. Comm. R. 1

Approved, effective December 6, 1968; as amended, effective September 29, 1989; January 31, 1998; July 1, 1999; as amended, effective May 1, 2010; as amended, effective March 1, 2019.