N.M. R. Jud. Stan. Comm. Proc. 27-201

As amended through November 1, 2024
Rule 27-201 - Suspension of judge pending hearing
A.Temporary suspension. A judge may be suspended by the Supreme Court pending a hearing by the Judicial Standards Commission upon the Judicial Standards Commission filing with the Supreme Court a petition for temporary suspension which shall be accompanied by:
(1) a certified copy of a judgment finding the judge guilty of a felony or other serious crime;
(2) a certificate of the commission that a judge has been convicted of or has pleaded guilty or no contest to a felony or serious crime;
(3) a court order or judgment declaring the judge to be incompetent or incapacitated; or
(4) a certificate of the commission that immediate suspension of a judge is necessary pending disposition of:
(a) an investigation by the commission for an alleged violation of the Code of Judicial Conduct, Rules of Professional Conduct or a violation of a court rule, statute or other law;
(b) a criminal complaint, information or indictment which has been filed against the judge; or
(c) a determination of the present competency of the judge.
B.Notice and hearing. Prior to entering an order suspending a judge pursuant to this rule, the Supreme Court shall serve on the judge an order to show cause why the judge should not be suspended. The order to show cause shall be served on the judge at least ten (10) days prior to the date set for the hearing unless a shorter time is ordered by the Court. At any time prior to the hearing, the judge may file a response to the order to show cause. A copy of the response shall be served by the respondent judge on the Judicial Standards Commission.
C.Suspension order. Upon a showing made pursuant to Paragraph A of this rule, the Supreme Court may enter an order immediately suspending the judge pending filing with the Court of the recommendations by the Judicial Standards Commission. Unless otherwise ordered by the Court, the salary of a judge shall be suspended during the period of suspension.
D.Evidence of commission of crime. A judgment or plea of guilty or no contest by a judge for any crime shall be conclusive evidence of the commission of that crime in any Judicial Standards Commission proceeding instituted against the judge based upon the conviction.
E.Reinstatement. A judge suspended under the provisions of this rule may be reinstated immediately upon the filing of a certificate by the Judicial Standards Commission demonstrating that:
(1) if the suspension was for conviction of a crime, the underlying conviction for the felony or other serious crime has been reversed and no further criminal or Judicial Standards Commission proceedings are pending against the judge;
(2) if the suspension was imposed because of incompetency or incapacity, that such incapacity or incompetency no longer exists; or
(3) if the suspension was imposed pursuant to Subparagraph (4) of Paragraph A of this rule, that reinstatement of the judge will not result in a substantial loss of public confidence in the judiciary.
F.Effect of reinstatement. Reinstatement after a temporary suspension pursuant to this rule shall not terminate any Judicial Standards Commission proceedings pending against the judge.
G.Rehearing. No motion for rehearing or reconsideration shall be permitted.

N.M. R. Jud. Stan. Comm. Proc. 27-201

Approved, effective April 17, 1996.