N.M. Jud. Stand. Comm. R. 5

As amended through August 23, 2024
Rule 5 - Authority of the Commission

The Commission shall have the authority to:

A.Process complaints. Receive, investigate, and dispose of complaints and any other information that might be relevant to possible discipline, removal, or retirement of a judge.
B.Issue subpoenas. At the request of investigative trial counsel, a judge, or at the Commission's discretion, a member who is a district judge acting for the Commission may issue subpoenas to compel the attendance of witnesses and the production of documents and things in connection with a Commission proceeding.
C.Order medical examinations, evaluations, and drug and alcohol testing. Order a judge, as set forth in Rule 23, below, to undergo medical examinations, evaluations, drug and alcohol testing, and any other examination or testing that might be relevant to possible discipline, removal, or retirement of a judge.
D.Petition for immediate temporary suspension or other interim relief. Petition the Supreme Court, as set forth in Rule 24 below, for immediate temporary suspension or other interim relief of a judge.
E.Conduct hearings on motions and on the merits. Conduct hearings on motions and on the merits, take testimony, and receive other relevant evidence regarding complaints and any other information that might be relevant to possible discipline, removal, or retirement of a judge.
F.Dismiss complaints. At any time following docketing of a complaint, dismiss the complaint or any portion thereof.
G.Cite for contempt. Cite persons, including judges, for contempt, hold evidentiary hearings, and make recommendations to the Supreme Court for disposition as set forth in Rule 10, below.
H.Take other actions. Take all other actions reasonably necessary to discharge the Commission's duties as provided in the Constitution and Statutes.

N.M. Jud. Stand. Comm. R. 5

Approved, effective May 1, 2010; as amended, effective February 10, 2020.