N.M. R. Prof'l. Cond. 16-112
Committee commentary. -
 This rule generally parallels RuleNMRA of the Rules of Professional Conduct. The term "personally and substantially" signifies that a judge who was a member of a multimember court, and thereafter left judicial office to practice law, is not prohibited from representing a client in a matter pending in the court but in which the former judge did not participate. So also the fact that a former judge exercised administrative responsibility in a court does not prevent the former judge from acting as a lawyer in a matter where the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits. Compare Committee Commentary to Rule NMRA of the Rules of Professional Conduct. The term "adjudicative officer" includes such officials as judges pro tempore, referees, special masters, hearing officers and other para-judicial officers, and also lawyers who serve as part-time judges. Compliance Canons A(2), B(2) and C of the Model Code of Judicial Conduct provide that a part-time judge, judge pro tempore or retired judge recalled to active service, may not "act as a lawyer in any proceeding in which he served as a judge or in any other proceeding related thereto". Although phrased differently from this rule, those rules correspond in meaning.
 Like former judges, lawyers who have served as arbitrators, mediators or other third-party neutrals may be asked to represent a client in a matter in which the lawyer participated personally and substantially. This rule forbids such representation unless all of the parties to the proceedings give their informed consent, confirmed in writing. See Paragraphs E and B of Terminology of the Rules of Professional Conduct. Other law or codes of ethics governing third-party neutrals may impose more stringent standards of personal or imputed disqualification. See RuleNMRA of the Rules of Professional Conduct.
 Although lawyers who serve as third-party neutrals do not have information concerning the parties that is protected under RuleNMRA of the Rules of Professional Conduct, they typically owe the parties an obligation of confidentiality under law or codes of ethics governing third-party neutrals. Thus, Paragraph C provides that conflicts of the personally disqualified lawyer will be imputed to other lawyers in a law firm unless the conditions of this paragraph are met.
 Requirements for screening procedures are stated in Paragraph K of Terminology of the Rules of Professional Conduct. Subparagraph (1) of Paragraph C does not prohibit the screened lawyer from receiving a salary or partnership share established by prior independent agreement, but that lawyer may not receive compensation directly related to the matter in which the lawyer is disqualified.
 Notice, including a description of the screened lawyer's prior representation and of the screening procedures employed, generally should be given as soon as practicable after the need for screening becomes apparent.
[Adopted by Supreme Court Order No. 08-8300-029, effective November 3, 2008.].
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-029, effective November 3, 2008, added "mediator or other third-party neutral" to the title; in Paragraph A, added the language which prohibits a lawyer from representing anyone in a matter in which the lawyer participated substantially as an arbitrator, mediator or other third-party neutral unless all parties consent in writing; in Paragraph B, added the language which prohibits a lawyer from negotiating for employment with any person who is involved in a matter in which the lawyer is participating as an arbitrator, mediator or other third-party neutral; changed the title of Paragraph D from "Representation by firm" to the current title; in Subparagraph (1) of Paragraph C, added "timely"; and in Subparagraph (2) of Paragraph C, added "parties and any" and "them". Compiler's notes. - The old ABA Comment was replaced by the 2008 committee commentary.