Rule 19 - Conference with the CommissionFollowing a judge's response to a notice of investigation, the Commission shall invite the judge to a conference with the Commission, except as set forth below.
A.Purpose. The purpose of the conference with the Commission shall be to give the judge an opportunity to discuss and explain to the Commission the response to a notice of investigation, to give the Commission an opportunity to ask the judge questions and further discuss the allegations and the judge's response, and to explore options for early disposition.B.Consent. No conference with the judge and the Commission will be held without the judge's consent. The judge shall respond to an invitation to a conference with the Commission either accepting or declining the invitation, within fifteen (15) days of service of thereof.C.In-person participation. Participation of the judge in a conference with the Commission shall be in person.D.Closed conference. The conference shall not be open to the public.E.Confidential. The conference is confidential as set forth in Rule 6, above, and pursuant to the Constitution Article VI, Section 32.F.Schedule. The conference with the Commission will be at a regularly scheduled meeting of the Commission.G.Presiding officer. A presiding officer shall preside over the conference with the Commission. If no presiding officer has been appointed, the chair shall appoint one for the conference.H.No oath. The judge shall not be placed under oath.I.Role of investigative trial counsel. Investigative trial counsel shall be present for the conference. The presiding officer may request investigative trial counsel make a brief statement of the allegations of the notice of investigation. Investigative trial counsel may continue to be present, but shall not otherwise participate in the discussions or ask questions unless the Commission permits.J.Right to terminate. The judge or the Commission may terminate the conference at any time.K.Failure to participate, not failure to cooperate. If a judge does not consent to a conference with the Commission or, during participation in a conference with the Commission, terminates the conference, it shall not be deemed a failure to cooperate with the Commission and shall not be a violation of Rule 11 or the Code, Rule 21-216.L.Use of disclosed facts. Facts disclosed by a judge in a conference with the Commission may be used in further proceedings before the Commission and may be, if otherwise admissible, admitted at a hearing on the merits or in any other evidentiary hearing before the Commission.M.No invitation to conference with the Commission. No invitation to participate in a conference with the Commission shall be made to the judge if: (1) Following the judge's response to a notice of investigation the Commission dismisses the complaint. (2) In lieu of a notice of investigation, the Commission issues a notice of formal proceedings.(3) Along with the notice of investigation, the Commission authorizes a petition to the Supreme Court for an order of immediate, temporary suspension.N.Conference with third party complainant. The Commission may request that a third party complainant participate in a conference with the Commission. If the third party complainant consents, the conference shall be conducted according to this rule. The judge does not have the right to be present during a conference with the Commission with a third party complainant.O.Record. The Commission shall record all conferences conducted pursuant to this Rule. Copies of such recordings shall be released to the parties upon service of a Notice of Formal Proceedings. No other recordings shall be made.P.Further commission actions. Following a conference with the Commission with either a judge or a third party complainant, the Commission shall take the matter under advisement and then shall discuss and vote on further action as part of a continuation of that meeting.N.M. Jud. Stand. Comm. R. 19
Approved, effective May 1, 2010; as amended, effective February 10, 2020.