Rule 4 - Organization and administration of the CommissionA.Commission. The Commission consists of members as provided in the Constitution.B.Proceedings. Meetings or other proceedings of the Commission, including hearings on the merits, shall be held at the call of the chair or, in the absence of the chair, the vice-chair, acting chair, executive director, or at the request of a majority of members.C.Quorum. Any meeting, hearing on the merits, or any other proceeding of the full Commission requires a quorum. An action of the Commission that is authorized by the Constitution and the Statutes requires a quorum and an affirmative vote of a majority of members. In the case of a hearing on the merits, an action of the Commission requires that a quorum be present for the entire hearing and that the action is approved by a majority of members all of whom have been present in person for the entire hearing.D.Recusal and resignation. Members shall recuse or, in the event of failure to recuse, shall be disqualified by the Commission, from being present at, or participating in, or voting at all meetings, hearings on the merits, or other proceedings before the Commission and any actions of the Commission for the duration of the member's recusal or disqualification: (1) For any of the causes set forth in the Code, Rule 21-211 NMRA.(2) When formal charges have been filed against an attorney member by the Supreme Court Disciplinary Board. An attorney member who has been disbarred by the Supreme Court shall resign from the Commission.(3) When formal charges have been filed or a notice of contemplated action has been served upon a Governor-appointed member regarding the member's professional license pending the disposition of such charges or notice of contemplated action. A Governor-appointed member who has had a professional license permanently revoked shall resign from the Commission.(4) When a member is a judge: (a) From all portions of any meeting, hearing on the merits, or other proceeding before the Commission involving the judge as the subject of a complaint or as a complainant or witness in a proceeding before the Commission.(b) From all meetings, hearings on the merits, or other proceeding before the Commission and from all actions of the Commission during the pendency of any actions following a notice of formal proceedings against the judge.(c) Who has been disciplined, removed or retired shall resign permanently or, failing resignation, the Commission shall recommend to the Supreme Court that the judge be removed from the Commission.(5) A member who is charged with violation of a statute punishable by incarceration or fine of $300.00 or more shall promptly report such charge to the chair and, pending resolution of such charge, shall recuse or, failing recusal, shall be disqualified, from participating in all Commission proceedings. A member who is convicted of, or pleads guilty or no contest to, a crime shall resign or, failing resignation, the Commission shall recommend to the appointing authority that the member be removed from the Commission.(6) If a member's participation in a proceeding before the Commission is challenged by any other member, the member's continued participation shall be decided by a majority of the members with the challenged member not voting.(7) The minutes or record of any Commission meeting, hearing on the merits, or other proceeding shall record the names of any member not participating or voting in a proceeding by reason of disqualification or recusal.E.Chair, vice-chair. The Commission shall elect a chair and vice-chair, each of whom shall serve one-year terms and who may be reelected to those positions without limit. (1) Except as otherwise set forth in these rules, the chair shall call and shall preside over meetings of the Commission.(2) The vice-chair shall act as chair in the absence of the chair and, in the absence of both, the members may select an acting chair from its Governor-appointed members.(3) The chair may delegate to the vice-chair or to the executive director authority to sign correspondence, orders, and other documents approved by the Commission.F.Presiding officers.(1)District judge presiding officers. At the time the Commission issues a notice of formal proceedings, the chair shall appoint a district judge as presiding officer to preside at a hearing on the merits. A district judge presiding officer shall also preside over all contempt hearings as set forth in Rule 10 and at all hearings for presentment of stipulations as set forth in Rule 34(B). District judge presiding officers may also preside at other hearings or conferences as described in these rules.(2)Other presiding officers. Except for proceedings for which a district judge must be appointed as a presiding officer as set forth above, the chair may appoint other judge members and lawyer members as presiding officers for other hearings or conferences as described in these rules. (3) Presiding officers shall administer oaths when required by these rules.G.Masters.(1) Pursuant to the Constitution and Section 34-10-2.1A(3) NMSA, at any time the Commission deems it necessary or convenient, it may appoint three (3) masters to conduct any hearing, including a hearing on the merits, which the Commission could conduct, to hear testimony and receive other evidence, and to report their findings of fact, conclusions of law, and recommendations, including recommendations for discipline, removal, or retirement of a judge, to the Commission.(2) The chair shall appoint one of the masters as presiding officer for all proceedings for which the masters have been appointed.(3) The masters shall, to the extent applicable, conduct their hearings in accordance with these rules.(4) The masters shall provide the Commission with their findings of fact, conclusions of law, recommendations, and with a record of any hearing within twenty-one (21) days of the conclusion thereof. The parties shall be served with a copy of the masters' findings of fact, conclusions of law, recommendations, and a copy of the transcript of the hearing.(5) Within fifteen (15) days of service of the masters' findings of fact, conclusions of law, recommendations, and a copy of the record of the hearing, the parties may file with the Commission objections to the masters' findings of fact, conclusions of law, or recommendations. The Commission may conduct a hearing on the objections.(6) Following resolution of objections, the Commission shall accept the masters' findings of fact but may accept, reject, or modify the masters' conclusions of law and recommendations for discipline, removal, or retirement of a judge.(7) If the Commission accepts the masters' conclusions of law and recommendations, with or without modifications, and if it finds good cause, it may file a petition for approval of the findings of fact, conclusions of law, and recommendations with the Supreme Court.H.Oaths. The chair, vice-chair, acting chair or, if designated, presiding officer, shall administer oaths approved by the Commission to all witnesses appearing in all proceedings before the Commission. All witnesses shall be given an oath to tell the truth. Except as otherwise set forth herein, all witnesses shall be given an oath as set forth in Rule 6(I). Masters shall administer the same oaths to all witnesses appearing in all proceedings before masters. I.Executive director. The Commission shall employ an executive director who shall have duties and authority as set forth in Sections 34-10-3 and 4 NMSA, and as delegated by the Commission, including, without limitation, the duty and authority to: (1) Establish and maintain a permanent Commission office.(2) Enter into contracts as necessary to carry out the responsibilities of the Commission.(3) Act as general counsel to receive all complaints or other information coming before the Commission which could result in the discipline, removal, or retirement of a judge.(4) Conduct investigations of complaints and other information which could result in the discipline, removal, or retirement of a judge.(5) Recommend to the Commission disposition of information, allegations, and complaints.(6) Make general counsel complaints.(7) Maintain Commission records.(8) Maintain statistics concerning the operation of the Commission and provide them to the Commission and, when not required to be kept confidential by the Constitution, the Statutes and these rules, to the public.(9) Prepare the Commission's budget for approval by the chair.(10) Administer and account for Commission funds.(11) Employ and supervise staff to carry out the duties of executive director and general counsel.(12) Prepare an annual report of the Commission's activities for presentation to the Commission, Supreme Court, Governor, Legislature, sitting judges, and the public.(13) Employ private investigators, experts, court reporters, and other persons as necessary to investigate, prepare, and present matters before the Commission and before the Supreme Court.(14) Employ masters and special counsel with the approval of the Commission.(15) Make public statements as authorized by the Commission.(16) Perform such other duties as may be assigned or delegated by the Commission.J.Notice. All members shall be given reasonable notice of all meetings, hearings on the merits, or other proceedings of the Commission.K.Means of conducting proceedings. The Commission may conduct meetings or other proceedings in person or by any other means authorized by the Commission. All hearings on the merits shall be conducted in person.L.Record. A record shall be made of each meeting, hearing on the merits, or proceeding of the Commission. The record shall document the names of members and others present, votes of members, actions taken, and any other matter the Commission deems appropriate.N.M. Jud. Stand. Comm. R. 4
Approved, effective September 29, 1989; as amended, effective September 24, 1993; January 31, 1998; September 1, 2000; as amended, effective May 1, 2010; as amended, effective March 1, 2019.