N.M. Jud. Stand. Comm. R. 15

As amended through August 23, 2024

Rule 15 - Commencement of proceedings

A.Docket. A complaint shall be docketed which shall commence a proceeding before the Commission.

B.Initial actions. The executive director shall conduct an investigation of the allegations of a complaint, or of other information upon which a complaint could be based, or recommend dismissal to the Commission.

C.Notice of investigation. Upon finding that the investigation of a complaint is substantially complete and that there is sufficient evidence to require a judge to respond to the allegations of a complaint, the Commission may issue a notice of investigation.

D.Notice of formal proceedings. Upon finding that good cause may exist to recommend to the Supreme Court the discipline, removal, or retirement of a judge, the Commission may issue a notice of formal proceedings.

E.Interim actions. At any time during the pendency of a proceeding, the Commission may take interim actions as set forth in Article 3, Rules 23, 24 and 25, below.

F.Dismissal. At any time during the pendency of a proceeding, the Commission may dismiss the action as set forth in Article 6, Rules 33, 34, 35 and 36, below.

G.Report to the Commission.

(1)Before issuance of a notice of formal proceedings. After docketing a complaint and until issuance of a notice of formal proceedings, investigative trial counsel shall report to the Commission at each regular meeting on the progress of an investigation and the response to a notice of investigation. The Commission may monitor reports, direct the nature and extent of the investigation, or dispose of the complaint as set forth in Article 6, below.

(2)After issuance of a notice of formal proceedings. After issuance of a notice of formal proceedings, investigative trial counsel shall only report to the Commission at each regular meeting that the proceedings continue and shall inform the Commission of the date of an expected hearing on the merits.

H. The judge may be represented by counsel throughout these proceedings. The judge shall be responsible for any fees and costs associated therewith.

N.M. Jud. Stand. Comm. R. 15

Approved, effective December 6, 1968; as amended, effective March 1, 1979; August 31, 1984; September 29, 1989; July 1, 1999; as amended, effective May 1, 2010; as amended, effective March 1, 2019.