A. An independent, fair, and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system.B. Judges should maintain the dignity of judicial office at all times and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. At the same time, the Code recognizes that a judge's participation in community activities provides important benefits both to society and to the judge personally. The Code seeks to strike a balance between those activities that may create an appearance of impropriety or bias and therefore affect the public's perception of judicial fairness and those activities that are a part of necessary and healthy public life. Judges often are asked to participate in activities on behalf of charitable non-profit organizations. The Code permits such activities with certain limitations, primarily relating to fundraising activities. A judge should always be mindful to avoid any participation that would create the appearance of impropriety or lend the prestige of judicial office to private, fundraising activities. Judges and judicial candidates are also encouraged to pay extra attention to issues surrounding emerging technology, including those regarding social media, and are urged to exercise extreme caution in its use so as not to violate the Code.C. The Code of Judicial Conduct establishes standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and judicial candidates, who are governed in their judicial and personal conduct by general ethical standards as well as by the Code. The Code is intended, however, to provide guidance and assist judges and judicial candidates in maintaining the highest standards of judicial and personal conduct and to provide a basis for regulating their conduct through disciplinary agencies.N.M. Code. Jud. Cond. 21-001
Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012; as amended by Supreme Court Order No. 15-8300-013, effective 12/31/2015. ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-013, effective December 31, 2015, added the Rule Number "21-001" to the Preamble of the Code of Judicial Conduct, deleted the numeric paragraph designations [1], [2] and [3], and redesignated the paragraphs as A, B and C, respectively; in Paragraph B, in the third sentence, after "benefits", added "both", after the first occurrence of "to", deleted "both", in the fourth sentence, after "balance between", added "those", in the sixth sentence, changed "fund-raising" to "fundraising", in the seventh sentence, changed "fund-raising" to "fundraising", and added the last sentence of the paragraph; and in Paragraph C, in the third sentence, after "assist judges", added "and judicial candidates". Judges must adhere to the Code of Judicial Conduct when using electronic social media. - The limitations set forth in Rule 21-001(B) NMRA apply with equal force to virtual actions and online comments, and must be kept in mind if and when a judge decides to participate in electronic social media. State v. Thomas, 2016-NMSC-024.