Rule 28-204 - Sources of information to be used for evaluationsA.Sources. The commission in evaluating the professional performance of a judge shall rely on the official sources of information set out in Rule 28-301 NMRA.B.Respondent lists. At the request of the commission, the Administrative Office of the Courts shall prepare and make available to the commission the names of the following persons:(1) jurors except jurors in cases with a pending motion for new trial;(4) law enforcement personnel;(6) other judges serving on the same court or in the same district;(7) quasi-judicial officers serving in the same court;(8) probation officers, social caseworkers, CASA volunteers and other resource individuals who have appeared before the judge or who have provided assistance to the court;(9) judges who have reviewed on appeal the rulings of the judge;(11) parties who have appeared before the judge.C.Questionnaires. The commission shall develop questionnaires that will be used to survey such persons as the commission determines to be appropriate who have had sufficient experience with a judge to form an opinion about the performance of a judge, such as(1) jurors except jurors in cases with a pending motion for new trial;(4) law enforcement personnel;(6) other judges serving on the same court or in the same district;(7) quasi-judicial officers serving in the same court;(8) probation officers, social caseworkers, CASA volunteers and other resource individuals who have appeared before the judge or who have provided assistance to the court;(9) judges who have reviewed on appeal the rulings of the judge;(11) parties who have appeared before the judge.D.Survey sample. Surveys shall be done by mail, on-line or by telephone among those persons listed in Paragraph C in sufficient numbers to achieve a statistically valid sample.E.Interviews with judges. The Administrative Office of the Courts shall schedule interview sessions for judges with the commission. All efforts shall be made to accommodate court dockets and calendars of the commission members and the judges;F.Oral interviews. The commission, at its sole discretion, may conduct interviews with persons who have appeared before the judge on a regular basis. The commission shall ensure that the persons interviewed represent a balanced cross-section of persons who have had professional contact with the judge. The judge shall be provided with a written summary of the pertinent information concerning that judge, preserving the confidentiality of the person interviewed while advising the judge of the substance of the interview.G.Courtroom observation. The commission may, at its sole discretion, observe a judge in the performance of duty in the courtroom. No observation may be conducted by fewer than two members of the commission or its agents.H.Statistics. At the request of the commission, information concerning the caseload, excusals and recusals and case types of a judge being evaluated shall be provided to the chair of the commission by the Administrative Office of the Courts.N.M. R. Gov. Judi. Perf. Eval. Commi 28-204
Approved, effective 2/25/2002; as amended by Supreme Court Order 07-8300-28, effective 8/31/2007; by Supreme Court Order No. 10-8300-002, effective 2/24/2010. ANNOTATIONS The 2010 amendment, approved by Supreme Court Order No. 10-8300-002, effective February 24, 2010, in Paragraph B, at the end of the introductory sentence deleted former language which qualified the persons as persons who had appeared before or had professional contact with the judge within eighteen months prior to the evaluation of the judge by the commission, and in Subparagraph (11) at the beginning of the sentence deleted "attorneys and"; in Paragraph C after "The commission" deleted "may use" and added "shall develop", after "questionnaires" added the remainder of the sentence, and deleted former language which provided for the use of questionnaires to survey persons who had appeared before or had professional contact with the judge within eighteen months prior to the evaluation of the judge by the commission, and in Subparagraph (11), at the beginning of the sentence deleted "attorneys and"; and in Paragraph D, in the title deleted "Random" and inserted "Survey", and changed the sentence from "Surveys shall be conducted by mailing questionnaires to those persons listed in Paragraph C in sufficient numbers to achieve a random, statistically valid sample" to the current version of the sentence. The 2007 amendment, approved by Supreme Court Order 07-8300-28, effective August 31, 2007, revised Subparagraph (5) of Paragraph B and Subparagraph (5) of Paragraph C to provide for the judge's personal staff to evaluate the judge.