N.M. Code. Jud. Cond. 21-101
A judge shall respect and comply with the law, including the Code of Judicial Conduct.
N.M. Code. Jud. Cond. 21-101
Committee commentary. -
[1] Judges must comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and the judicial system.
[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012.]
ANNOTATIONS JUDICIAL REPRIMANDS Acting in a matter without jurisdiction. - Where respondent was a municipal judge; the motorcycle of an acquaintance of respondent had been seized and towed by police officers during a criminal case pending in magistrate court; respondent asked the acquaintance's attorney to prepare an ex parte order regarding the motorcycle; in the order, respondent ordered the towing company to return the motorcycle to the acquaintance; the order falsely stated that respondent held a hearing on the matter; respondent did not give the towing company notice or an opportunity to be heard; respondent embossed the seal of the municipal court on the order even though there was no case pending in the municipal court; respondent failed to inquire if the matter was pending in magistrate court; when respondent signed the order, respondent was on probation with the Judicial Standards Commission in another matter; and respondent failed to consult with the judge who was appointed to mentor and supervise respondent prior to issuing the order, respondent's conduct constituted willful misconduct in office. In re Salazar, 2013-NMSC-007, 299 P.3d 409. Issuance of a temporary restraining order by a municipal judge. - Where, in a criminal case filed by one resident against another resident for vehicle vandalism, the municipal judge in a small community issued a temporary restraining order in an attempt to keep the peace between the parties, knowing that a municipal judge did not have jurisdiction to issue restraining orders, the municipal judge's conduct constituted willful misconduct in office. In re Rael, S.Ct. No. 33,633 (Filed October 3, 2012), Inquiry Concerning a Judge No. 2011-040 (decided prior to the 2011 recompilation). Driving while intoxicated. - Where a judge was convicted of a first offense of driving while under the influence of intoxicating liquor, the judge's conduct constituted willful misconduct in office. In re Robles, S.Ct. No. 32,854 (Filed May 31, 2011), Inquiry Concerning a Judge No. 2011-022 (decided prior to the 2011 recompilation). Potential witness in a criminal case. - Where a magistrate judge released the defendant on the defendant's own recognizance; the defendant had been arrested for driving while intoxicated after a baseball tournament; the judge was not the designated on-call judge on the day the defendant was arrested; the judge knew the defendant and had been at the tournament with the defendant earlier in the day; and the judge knew that there were people drinking alcoholic beverages at the tournament, the judge's conduct constituted willful misconduct in office because the judge was a potential witness in the defendant's criminal case. In re Wingenroth, S.Ct. No. 33,228 (Filed October 19, 2011), Inquiry Concerning a Judge No. 2011-020 (decided prior to the 2011 recompilation). Personal acquaintance with the defendant in a criminal case. - Where the defendant had been arrested for driving while intoxicated after a baseball tournament; the defendant's spouse telephoned the magistrate judge's spouse at the judge's home to discuss the defendant's arrest; the defendant and the defendant's spouse knew the judge's family well enough to call the judge's spouse in an attempt to influence the judge; and the judge agreed to release the defendant on the defendant's own recognizance even though the judge was not on-call or assigned to handle the matter, the judge's conduct constituted willful misconduct in office because the judge took judicial action based on the telephone calls from the defendant's family to the judge's home. In re Wingenroth, S.Ct. No. 33,228 (Filed October 19, 2011), Inquiry Concerning a Judge No. 2011-020 (decided prior to the 2011 recompilation). Involvement in the trial of a case pending before the judge. - Where in one DWI trial, the judge stepped off the bench to assist an officer in presenting the officer's case and in sight and earshot of the jury told the court manager that the defendant "blew a .3", the judge's conduct constituted willful misconduct in office. In re Guillory, S.Ct. No. 31,920 (Filed December 7, 2010) (decided prior to the 2011 recompilation). Unlawfully claiming per diem expenses. - Where a judge wanted to attend training in another municipality; the judge certified and submitted a travel voucher claiming reimbursement for per diem expenses; the training was cancelled; the judge arranged to pick up the training material in the other municipality, drove to the other municipality, and then drove to another municipality out-of-state; and the judge told the treasurer of the municipality that the training had been cancelled because of bad weather, the judge's conduct constituted willful misconduct in office. In re Lozano, S.Ct. No. 29,264 (Filed June 8, 2010) (decided prior to the 2011 recompilation). Improperly touching a party. - Where at a hearing in a case involving a building permit, the judge kept moving the judge's chair closer to the code enforcement officer and the defendant, kept moving the judge's hands around, and touched the defendant with the result that the code enforcement officer and the defendant felt uncomfortable and moved away from the judge; and prior to the hearing, the mayor of the municipality had told the judge that the code enforcement officer had filed an EEOC claim against the judge based on improper touching, the judge's conduct constituted willful misconduct in office. In re Lozano, S.Ct. No. 29,264 (Filed June 8, 2010) (decided prior to the 2011 recompilation). Insufficient evidence of willful misconduct. - Where a municipal judge accepted an uncounseled guilty plea and sentenced the defendant; the defendant's attorney appealed to the district court; in the district court, the municipal attorney made an oral motion to dismiss the appeal and the district court judge allowed the defendant to enter another guilty plea; when the municipal judge received the district court judgment and discovered that a written motion to dismiss had not been filed by the municipal attorney, the municipal judge believed that the municipal attorney and the defendant's attorney had misrepresented the municipal proceedings to the district court judge; after researching the law of contempt and consulting the Municipal League and the Attorney General's Office, the municipal judge charged the municipal attorney and the defendant's attorney with contempt; and when the municipal judge reviewed the district court proceedings and discovered that a motion to dismiss had been made, the municipal judge dismissed the contempt charges, the evidence did not clearly and convincingly demonstrate that the municipal judge's actions constituted willful misconduct in office. In re Locatelli, 2007-NMSC-029, 141 N.M. 755, 161 P.3d 252 (decided prior to the 2011 recompilation). Alcoholism. - Where a judge recessed a criminal jury trial for a long holiday weekend; the judge did not return to court on the date set for completion of the trial; the judge told an administrative assistant that the judge was ill, but would be in court in the afternoon; the judge did not return that day and the judge's staff rescheduled the trial for two days later; on the day the trial was to resume, the judge told the assistant that the judge was hospitalized for heart-related tests; after the trial was twice reset due to the judge's unavailability, a stipulated mistrial order was entered; the judge was absent for two weeks during which the judge was hospitalized for six days; the judge's heart ailment and hospitalization were due to alcohol withdrawal; and to justify the judge's absence, the judge told a reporter that the judge was being treated for and was recovering from a mild heart attack, the judge's conduct constituted willful misconduct in office. In re Pope, S.Ct. No. 29,778 (June 13, 2007) (decided prior to the 2011 recompilation). Adoption of procedural rules. - Where a judge implemented the judge's own rule that precluded any individual from appearing before the judge unless the individual presented photographic identification; a defendant, who appeared ten minutes before the defendant's trial was refused admittance into the courtroom; the defendant left to obtain a new driver's license; staff advised the judge that the defendant had arrived, but had left to obtain a new driver's license to comply with the photo-identification rule; the defendant returned to the courthouse within one hour, but was told that the judge had left and would return the next day; and when the defendant appeared the next day, the defendant was arrested on a bench warrant issued by the judge, the judge's conduct constituted willful misconduct in office. In re Pineda, S.Ct. No. 29,479 (Filed November 29, 2007) (decided prior to the 2011 recompilation). Interference in a friend's criminal case. - Where a judge developed a personal relationship with the defendant in a DUI case, told the presiding judge at the defendant's bond hearing to make special concessions with regard to the defendant's bond, talked to the presiding judge at the defendant's probation violation hearing to influence the disposition of the case, instructed the court clerks to issue a clearance of the defendant's driver's license, and attempted to influence a police officer when the defendant was stopped for speeding, the judge's conduct constituted willful misconduct in office. In re Garza, 2007-NMSC-028, 141 N.M. 831, 161 P.3d 876 (decided prior to the 2011 recompilation). Drug abuse. - Where a judge knowingly evaded the service of an order of the Judicial Standards Commission to submit to drug testing; the judge did not appear for drug testing for more than seventy-two hours after the judge learned of the commission's order, refused to submit to the collection of a sample, and ordered the judge's own tests to obtain results that would be available only to the judge; and when the judge finally submitted to the drug testing as ordered by the commission, the judge tested positive for cocaine, the judge's conduct constituted willful misconduct in office. In re Garza, 2007-NMSC-028, 141 N.M. 831, 161 P.3d 876 (decided prior to the 2011 recompilation). Directing secretary to handle traffic docket. - Where a judge took a vacation knowing that the judge would not return in time to handle the judge's traffic docket; the judge called the judge's secretary, told the secretary that the judge's return had been delayed, and instructed the secretary to handle the judge's traffic docket; the secretary handled the traffic docket and used the judge's signature stamp to process the docket; and when the other judges, court personnel, and the media learned about what had occurred, the judge reviewed and signed the cases that the judge's secretary had handled in the judge's absence, the judge's conduct constituted willful misconduct in office. In re Griego, S.Ct. No. 30,203 (Filed June 13, 2007) (decided prior to the 2011 recompilation). Inappropriate behavior on the bench. - Where a judge, who was acting in the judge's judicial capacity during a juvenile court hearing, raised the judge's voice with the defense attorney, prevented the attorney from making a full objection for the record, and admonished the attorney in front of the attorney's client, the judge's conduct constituted willful misconduct in office. In re Ramirez, 2006-NMSC-021, 139 N.M. 529, 135 P.3d 230 (decided prior to the 2011 recompilation). Interference in child's criminal case. - Where the adult child and friends of the child of a district court judge were cited for drinking in public in violation of a municipal ordinance; as the police officers were issuing the citations, the judge identified the judge to one of the officers as the child's parent by showing the officer the judge's court identification card and driver's license; the judge asked the officer if the officer remembered who the judge was; the judge collected all of the citations from the recipients and later instructed the judge's bailiff to assist the child and the child's friends in responding to the citations in municipal court; the bailiff prepared and filed written waivers of arraignment and not guilty pleas on municipal court forms; when pretrial conferences were scheduled, the judge contacted a municipal judge who was not the assigned judge to advise the municipal judge that the judge was sending the judge's child and some of the friends to the municipal judge to change their pleas before the pretrial conference set by the assigned judge was scheduled to occur; and the judge's child and some of the friends appeared before the municipal judge and pled no contest and received more lenient sentences than the child's friends who appeared before the assigned municipal judge, the judge's conduct constituted willful misconduct in office. In re Ramirez, 2006-NMSC-021, 139 N.M. 529, 135 P.3d 230 (decided prior to the 2011 recompilation). Violation of law. - A judge who pled nolo contendere to charges of DWI, no headlamps and running a stop sign, and who was convicted and sentenced for DWI and no headlamps committed willful misconduct in office. In re Cornish, S.Ct. No. 27,253 (Filed May 6, 2002) (decided prior to the 2011 recompilation). Issuing insufficient funds checks. - Where a judge, on three separate occasions, issued checks in payment of the judge's debts knowing at the time the checks were issued that there were insufficient funds in or credit with the bank to pay the checks in full upon presentation, and the judge failed to cooperate with and comply with the rules, requirements, and procedures of the Judicial Standards Commission by failing to file a written response to the commission's notice of preliminary investigation, the judge's conduct was willful misconduct in office. In re Vigil, S.Ct. No. 26,328 (Filed May 7, 2001) (decided prior to the 2011 recompilation). Failure to pay taxes and debts. - Where a judge failed to pay gross receipts taxes for the judge's private business activities for five consecutive years; failed to timely file state personal income tax returns for three consecutive years; used the facilities and equipment of the probate court for the judge's private business activities; failed to pay the county for copying charges incurred at the county clerks' office for the judge's private business and gave the county clerk an insufficient funds check to pay for the copying; and failed to cooperate with and comply with the rules, regulations, and procedures of the Judicial Standards Commission by failing to file a written response to the commission's notice of preliminary investigation, the judge's conduct constituted willful misconduct in office. In re Vigil, S.Ct. No. 26,328 (Filed June 13, 2000) (decided prior to the 2011 recompilation). Improper comments. - A judge who was critical of the legal system during voir dire, implying that the system is governed by legislative whim rather than by well-settled principles, and who told the jury during trial of the consequences of their verdict, in terms of the mandated sentences for first- and second-degree murder committed reversible error by depriving defendant of a fair trial. State v. Henderson, 1998-NMSC-018, 125 N.M. 434, 963 P.2d 511 (decided prior to the 2011 recompilation). Harassment and abuse of staff and failure to obey orders of the chief judge. - Where a judge ordered the court administrator to ignore the chief judge's orders; ordered a deputy sheriff to arrest the administrator for contempt; repeatedly refused to comply with the chief judge's orders; used profanity and yelled at a deputy sheriff when the deputy sheriff asked for the judge's daily docket sheet; refused to hear domestic violence cases the judge had agreed to hear to relieve the load on a hearing officer; after being ordered to hear domestic cases by the chief judge, the judge failed to hear all issues and ordered the hearing officer to hear the issues; treated the hearing officer discourteously and disrespectfully; worked very little for a seven-month period; and made inquiries into an adoption case that involved a relative of the chief judge and disclosed confidential information from the file, the judge's conduct constituted willful misconduct in office. In re Castellano, 1995-NMSC-007, 119 N.M. 140, 889 P.2d 175 (decided prior to the 2011 recompilation). Abuse of the prestige of judicial office. - Where a judge had de facto control over a non-profit organization that regularly engaged in proceedings before the judge; the judge personally selected a majority of the board of directors and personally caused the hiring and firing of directors; the judge's spouse served as executive director of the organization; and the judge allowed the judge's spouse to use the judge's chambers and telephone and the judge's name, title, official stationary, and photograph to be used in solicitation of funds for the organization, the judge's conduct constituted willful misconduct in office. In re Castellano, 1995-NMSC-007, 119 N.M. 140, 889 P.2d 175 (decided prior to the 2011 recompilation). Intentional denial of right to appeal. - Where a judge ruled in favor of the defendant, refused to enter a judgment in the case to prevent the plaintiff from appealing in order to force the plaintiff to settle with the defendant; when the Supreme Court ordered the judge to enter a judgment, the judge expanded the issues litigated in the case; and after being reversed, the judge refused to award costs to the plaintiff, precipitating another appeal, the judge's conduct constituted willful misconduct in office. In re Castellano, 1995-NMSC-007, 119 N.M. 140, 889 P.2d 175 (decided prior to the 2011 recompilation). Delegation of judicial power. - A magistrate court judge who delegated the duty to perform marriages to a municipal clerk, the judge's actions committed willful misconduct in office. In re Perea, 1986-NMSC-001, 103 N.M. 617, 711 P.2d 894 (decided prior to the 2011 recompilation). Countermanding presiding judge's orders. - Where, in a case that was assigned to the presiding judge, the presiding judge ordered that a commitment be issued to transport the defendants to the penitentiary upon receipt of the appellant court mandate; while the presiding judge was hearing cases in another district, the judge who was not assigned to the case and who was a friend of the parent of one of the defendants stopped the sheriff from transporting the defendants; without a motion by the counsel for the defendants, notice to the district attorney, or a hearing, the judge prepared an order delaying the transportation; when consulted by the sheriff, the presiding judge ordered the sheriff to proceed with the transportation of the defendants; the judge again stopped the sheriff, served the sheriff with a writ of habeas corpus, and ordered the sheriff to return the defendants to jail; and the presiding judge directed the state police to assist the sheriff with transporting the defendants, the judge's conduct constituted willful misconduct in office. In re Martinez, 1982-NMSC-115, 99 N.M. 198, 656 P.2d 861 (decided prior to the 2011 recompilation). Denying the district attorney the right to perform statutory duties. - Where the judge issued an order removing the district attorney as juvenile attorney and appointed private attorneys to act as juvenile attorneys with compensation to be paid from the district attorney's budget, the judge's conduct constituted willful misconduct in office. In re Martinez, 1982-NMSC-115, 99 N.M. 198, 656 P. 2d 861 (decided prior to the 2011 recompilation).