N.M. Code. Jud. Cond. 21-102
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.
N.M. Code. Jud. Cond. 21-102
Committee commentary. -
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge.
[2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens and must accept the restrictions imposed by the Code and should do so freely and willingly. Examples are the restrictions on judicial speech imposed by Rules 21-401 and 21-402 NMRA that are indispensable to the maintenance of the integrity, impartiality, and independence of the judiciary.
[3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the rule is necessarily cast in general terms.
[4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all.
[5] Actual improprieties include violations of law, court rules, or provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge. The test for appearance of impropriety is a rule of reason that should be applied consistently with constitutional requirements, statutes, other court rules, and decisional law, and with due regard for all relevant circumstances.
[6] A judge may initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code.
[7] The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all prohibited acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of the law, court rules, or other specific provisions of this Code.
[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012.]
ANNOTATIONS Recompilations. - Pursuant to Supreme Court Order No. 11-8300-045, the former Judicial Code of Conduct was recompiled, effective January 1, 2012. See the table of corresponding rules for former rule numbers and the corresponding new rule numbers. Threats against a presiding judge. - Where thee criminal cases pending against the defendant were assigned to the same judge; during the pendency of the three cases, the defendant was charged with conspiring to commit an assault with a deadly weapon on the judge; the judge filed a recusal in the conspiracy case, but not in the other three pending cases; and there was no showing of bias by the judge against the defendant, the judge did not abuse the judge's discretion in denying the defendant's motion requesting the recusal of the judge. State v. Riordan, 2009-NMSC-022, 146 N.M. 281, 209 P.3d 773 (decided prior to the 2011 recompilation). Denial of recusal not an abuse of discretion. - Where defendant was a child offender under the juvenile system; the court determined that defendant was not amenable to rehabilitation or treatment as a child and sentenced defendant as an adult after defendant pled guilty to second degree murder; prior to being appointed as district judge, the trial judge had been appointed as a contract public defender to represent the victim, who had been murdered by defendant, in a juvenile delinquency proceeding; the judge's former law partner actually appeared at all the hearings in the victim's case; and the judge did not personally represent the victim, engage in plea negotiations on the victim's behalf, discuss a plea with the victim or the victim's parents, appear before the court on behalf of the victim or the victim's parents, or have direct contact with the victim in the juvenile proceedings, the judge did not err in denying defendant's request for recusal. State v. Trujillo, 2009-NMCA-128, 147 N.M. 334, 222 P.3d 1040, cert. quashed, 2010-NMCERT-011, 150 N.M. 490, 262 P.3d 1143 (decided prior to the 2011 recompilation). Judge's relatives having ties to the victim. - Recusal of a judge at a murder trial was not required where the judge's brother-in-law was the attorney representing the victim's family in a wrongful death action against defendant and the judge's son was employed as a law clerk by the district attorney. State v. Fero, 1987-NMSC-008, 105 N.M. 339, 732 P.2d 866, aff'd, 1988-NMSC-053, 107 N.M. 369, 758 P.2d 783 (decided prior to the 2011 recompilation). Request for findings of fact and conclusions of law. - Because the court had decided in the state's favor, it was reasonable for the trial court to want to see requested findings of fact and conclusions of law from the plaintiff. Its request for those findings and conclusions did not show a bias or prejudice that would necessitate recusal, despite the defendant's assertion of an apparent personal interest of the court in ensuring that the state submit its requested findings and conclusions. State ex rel. Taxation & Revenue Dep't Motor Vehicle Div. v. Van Ruiten, 1988-NMCA-059, 107 N.M. 536, 760 P.2d 1302, cert. denied, 107 N.M. 413, 759 P.2d 200 (decided prior to the 2011 recompilation). JUDICIAL REPRIMANDS 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). Fund-raising activities. - Where a magistrate judge personally participated in the solicitation of funds for a baseball tournament for the benefit of municipal and high school baseball programs and used the prestige of the judge's judicial office for the fund-raising and created the appearance that the judge had done so, the judge's conduct constituted willful misconduct in office. 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). 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). 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; the judge knew that there were people drinking alcoholic beverages at the tournament; and the judge was a potential witness in the defendant's criminal case, the judge's conduct constituted willful misconduct in office 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). Failure to recuse after appearance of impropriety occurs. - Where a district judge developed a romantic relationship with an attorney who had cases pending before the judge; the judge told the attorney that the judge would enter a blanket recusal in the attorney's cases, but failed to do so; and when the attorney's cases came before the judge, the judge entered a recusal, made dishonest statements from the bench concerning the judge's reasons for entering a recusal, and notwithstanding the entry of a recusal, entered rulings in the cases, the judge committed willful misconduct in office. In re Schwartz, 2011-NMSC-019, 149 N.M. 721, 255 P.3d 299 (decided prior to the 2011 recompilation). Improper demeanor and abuse of contempt power. - Where a judge referred to the presiding judge in a condescending manner to court staff and the court manager; refused to listen to a litigant, raised the judge's voice, and banged on the bench when the litigant tried to explain why the litigant failed to appear at a pre-trial conference and then held the litigant in direct contempt; and in another case, held a litigant in contempt during a pre-trial conference and then released the contempt order an hour later, 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). Involvement in the trial of a case pending before the judge. - Where in a 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). Failure or inability to perform judicial duties. - Where a judge refused to arraign defendants who had failed to appear and instead served the defendants with bench warrants when they appeared, failed to properly sentence defendants, was not familiar with sentencing laws, and failed to complete arraignment forms, 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). Ex parte communications. - Where a judge engaged in ex parte communications with litigants, parties, officers, and bail bondsmen in which the judge told defendants in cases not pending before the judge that the judge would help them out and to ask for the judge when they came to court, which resulted in the judge converting a juvenile bench warrant to an adult bench warrant and dismissing a case, 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). Napping. - Where a judge took naps during the noon hour in view of the public and court staff and on one occasion, the judge fell asleep while defendants were waiting for paperwork from the judge's secretary, 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). Warning defendant of imminent arrest. - A judge, who learned that a friend might be arrested for a probation violation, warned the friend that a bail enforcement agent was on the way and might arrest the friend, and told the friend not to get arrested, but to appear in the judge's court the following day to straighten things out, committed willful misconduct in office. In re Aldaz-Mills, S.Ct. No. 31,197 (Filed May 1, 2009) (decided prior to the 2011 recompilation). Abusing prestige of judicial office. - Where a municipal judge had private conversations with a contractor about the contractor's personal financial dispute with landowners who allegedly owed the contractor money for cleaning up the landowners' property; the judge called the landowners and left a message on the landowners' answering machine in which the judge identified himself as a judge and stated that the judge was calling about the financial dispute between them and the contractor and that the judge wanted the matter cleared up; the judge subsequently wrote the landowners a letter on municipal stationery, using the judge's title and court name discussing the contractor's claim and indicating that a lawsuit would be filed if the contractor was not paid; two weeks later, the judge was assigned to preside over a nuisance action by the municipality concerning the land that the contractor had supposedly cleaned; and the judge accepted the case and issued a summons to the landowners that did not conform with the rules of procedure, the judge's conduct constituted willful misconduct in office. In re Ramirez, S.Ct. No. 31,664 (Filed June 26, 2009) (decided prior to the 2011 recompilation). Giving advice to a witness in a case pending before the judge. - Where the judge had an ex parte conversation with the complaining witness in a domestic violence case that was pending before the judge; the witness had been subpoenaed by the state to appear and testify at the witness' spouse's trial; the judge advised the witness that if the witness did not want to testify, there would be no adverse consequences; the witness did not appear at the trial; the assistant district attorney informed the judge that the district attorney's office had been informed of the ex parte communication with the witness; the judge began drafting a recusal; when the witness appeared, the judge recalled the case and dismissed it; and the judge subsequently produced a recusal that was different from the document that had been reviewed by the assistant district attorney, the judge's conduct constituted willful misconduct in office. In re Rodella, 2008-NMSC-050, 144 N.M. 617, 190 P.3d 338 (decided prior to the 2011 recompilation). Making campaign promise to provide assistance if elected. - Where, during the time a judge was a candidate for magistrate court judge, the judge told a landlord that the judge would help if the landlord had a problem in court; when the judge learned that the landlord was having trouble with a tenant, the judge reviewed the lease and advised the landlord to file suit after the judge was elected; the judge also explained how the landlord could excuse the other magistrate court judges to make sure the judge heard the case; after the judge was elected, the landlord filed suit and excused the other magistrate court judges; and at a hearing on the case, the judge became impatient with the landlord and filed a recusal, the judge violated the Code of Judicial Conduct, subjecting the judge to removal from office. In re Rodella, 2008-NMSC-050, 144 N.M. 617, 190 P.3d 338 (decided prior to the 2011 recompilation). Insufficient evidence of willful misconduct in office. - Where a judge called the jail and set bond for a defendant who was the parent of the judge's friend and who had been arrested for DWI; when no one was available to accept the bond, the judge changed the release order to release the defendant to the custody of the defendant's spouse and hand-delivered the release order late at night to the jail in another town; the judge presided over the arraignment of the defendant; and the judge filed a recusal when a newspaper reported on the matter, there was no clear and convincing evidence that the judge committed willful misconduct in office. In re Rodella, 2008-NMSC-050, 144 N.M. 617, 190 P.3d 338 (decided prior to the 2011 recompilation). Adjudicating traffic cases for family members and friends. - Where a judge adjudicated more than twenty cases involving family members, friends, and family members of friends and staff, ex parte without hearings or taking evidence; the judge was not the assigned judge and adjudicated the cases before their scheduled arraignment dates, either deferring or continuing the cases with the requirement that no further traffic violations occur within ninety days; and where defendants had failed to appear, the judge cancelled bench warrants and dismissed charges for failure to appear, the judge's conduct constituted willful misconduct in office. In re Griego, 2008-NMSC-020, 143 N.M. 698, 181 P.3d 690 (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). 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 and 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). 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 the 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 the 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 (Filed 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 July 31, 2007) (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). Allowing a friendship relationship to influence judicial conduct - Where a judge was assigned a criminal case in which the defendant was charged with multiple counts of trafficking cocaine and distribution of methamphetamine; during the proceedings, the judge stipulated that the judge knew that by presiding over defendant's case the judge would not appear to be impartial, because the judge had a personal relationship with the attorney for and fiancé of the defendant who subsequently became the spouse of the defendant; the judge did not recuse from the case; the defendant pled no contest; the pre-sentence report stated that the defendant was a drug dealer and recommended prison sentences; at the sentencing hearing, the judge considered assigning the defendant to a new drug court program in lieu of incarceration; the judge agreed with the chief judge to recuse from the case; at a sentencing hearing before the new judge, the defendant stated that the original judge wanted to revoke the recusal; the new judge recused; and the original judge revoked the recusal and accepted jurisdiction over sentencing, the judge's conduct constituted willful misconduct in office. In re McBee, 2006-NMSC-024, 138 N.M. 482, 134 P.3d 769 (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). Negotiating a plea with defendant's parent. - Where a judge allowed defendant's parent to negotiate a plea agreement, failed to notify defendant of court hearings, failed to conduct an arraignment, failed to advise defendant of defendant's constitutional rights, failed to appoint legal counsel to represent defendant, held court proceedings in the absence of defendant or an attorney for defendant, and signed a judgment and sentence that falsely stated that defendant appeared pro se, pleaded no contest/guilty, and was sentenced, when in fact, defendant was incarcerated and did not do any of those acts, the judge's conduct constituted willful misconduct in office. In re Martinez, S.Ct. No. 29,180 (Filed May 12, 2005) (decided prior to the 2011 recompilation). Failure to hear cases, follow rules, and respect judges and court officials. - Where a judge intentionally violated courthouse rules and policies; treated security officers in a hostile, rude, angry, threatening manner; used offensive language toward security officers and court employees; tossed objects, yelled and pounded on a desk when court personnel withheld the judge's assistant's paycheck pursuant to court rules and policies; asserted that the assistant was not required to comply with security guidelines and policies and prohibited security personnel from screening the assistant; permitted the assistant to behave in an unprofessional manner and condoned and assisted the assistant in violating and refusing to comply with court policies, being rude to court employees, and complaining about other judges; refused to issue bench warrants during traffic arraignment court week, because the judge did not want the assistant to process the warrants during traffic arraignment dockets and filed recusals in those cases; and waived prior supervised probation costs imposed by statute, the judge committed willful misconduct in office. In re Barnhart, S.Ct. No 29,379 (Filed October 19, 2005) (decided prior to the 2011 recompilation). Use of judicial position to advance private interest in pending case. - A metropolitan judge who initiated ex parte communications with a special commissioner and a district court judge to influence a child placement in a case involving a family member within the third degree of relationship committed willful misconduct in office. In re Gentry, S.Ct. No. 28,986 (Filed June 29, 2005) (decided prior to the 2011 recompilation). Outside employment. - A full-time magistrate court judge, who was paid a salary as a full-time magistrate and who served as a tribal judge pro tempore for a tribal court at times when the judge was being paid by the state to serve as a magistrate court judge, committed willful misconduct in office. In re Martinez, S.Ct. 29,309 (Filed October 19, 2005) (decided prior to the 2011 recompilation). Involvement in a pending criminal case involving the judge's child. - Where the judge's child was cited for speeding and no proof of insurance and the judge contacted the sheriff to complain that the child had been mistreated and held for an excessive time by the deputy sheriff at the traffic stop; accessed the court's file on the child's case by a private request to the clerk's office to obtain the file from the presiding judge; called the presiding judge to reschedule the child's hearing due to car trouble; provided the presiding judge with a memorandum that the district attorney's office would not appear in the case; and attended hearings with the child where members of the public were present, the judge committed willful misconduct in office. In re Chaparro, S.Ct. No. 27,923 (Filed June 22, 2005) (decided prior to the 2011 recompilation). Failure to maintain judicial demeanor. - Where, during a bench trial, a judge became agitated with and yelled at the defendant, stood up and hit a gavel on the bench that caused debris, including paper clips, to scatter across the room, striking the defendant and the prosecuting officer, the judge's conduct constituted willful misconduct in office. In re Pindea, S.Ct. No. 29,479 (Filed November 29, 2005) (decided prior to the 2011 recompilation). Knowingly failing to credit inmates with statutory credit for incarceration. - Where a judge knowingly failed to follow and apply the law when the judge incarcerated citizens for failure to pay fines by crediting inmates with only $5.00 per day of time served toward payment of fines and fees, the judge's conduct constituted willful misconduct in office. In re Wood, S.Ct. No. 29,085 (Filed May 12, 2005) (decided prior to the 2011 recompilation). Display of extreme anger. - Where, after the judge declared a mistrial and recused from a criminal trial, the judge came off the bench and yelled at the defendant; defense counsel stood in front of the defendant to block the judge's access to the defendant; the judge then passed through the swinging gate, turned, and told defense counsel and the defendant that they could write to the Judicial Standards Commission and tell them what the judge thought of the commission; the judge brought the jury back into the courtroom and explained that there had been a mistrial; and the judge apologized to the counsel several times and agreed to recuse in their cases, the conduct of the judge constituted willful misconduct in office. In re Vincent, S.Ct. No. 27,266 (Filed May 19, 2004) (decided prior to the 2011 recompilation). False statements about judicial disciplinary complaints. - Where, during a radio broadcast debate, a judge made false or misleading statements that no judicial disciplinary complaints had been filed against the judge with the Judicial Standards Commission, the judge committed willful misconduct in office. In re Miller-Byrnes, S.Ct. No. 28,716 (Filed August 31, 2004) (decided prior to the 2011 recompilation). Personal involvement with trial counsel and harassment of trial counsel. - Where a judge presided over and took judicial action in cases in which the assistant district attorney appeared on behalf of the state during the time the judge was engaged in a personal relationship with the assistant district attorney; the judge failed to inform all counsel or parties of record of the judge's relationship with the assistant district attorney in cases where the assistant district attorney appeared before the judge; the judge failed to be patient, dignified and courteous to counsel by making inappropriate remarks to assistant district attorneys about the judge's rulings in front of defendants, defense counsel, and co-counsel; and in one case, the judge suppressed evidence of a breath test, refused to allow the assistant district attorney to call the officer who administered the breath test to testify, and then taunted the assistant district attorney about not being able to prove the state's case, the judge committed willful misconduct in office. In re Galvan, S.Ct. No. 28,609 (May 17, 2004) (decided prior to the 2011 recompilation). Maintaining residence outside judicial district. - A municipal judge who failed to maintain a continuous and significant physical presence at a residence within the municipal limits of the municipality as required by municipal ordinance committed willful misconduct in office. In re Gallegos, S.Ct. No. 27,906 (Filed April 15, 2003) (decided prior to the 2011 recompilation). Causing court employee to be arrested. - Where the judge became embroiled in a controversy with court interpreters; the judge failed to be patient, dignified, and courteous with interpreters, another judge, and the court clerk; the judge issued a warrant for the arrest of a court interpreter on a criminal contempt charge relating to a prior dispute over interpreting services; and the judge had an ex parte communication with another judge about presiding over a pending writ case that involved the judge, which caused the other judge to feel threatened and intimidated and to file a recusal in the case, the judge's conduct constituted willful misconduct in office. In re Chaparro, S.Ct. No. 27,923 (Filed April 15, 2003) (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). Inappropriate demeanor, interference in pending case, and illegal modification of sentence. - Where a judge made inappropriate, age and/or gender-based references to female attorneys who appeared before the judge; after the state lost a six-month rule hearing, the judge threatened the Public Defender's Office and its employees; the judge told a defendant in a criminal drug case that the defendant was covering up for the defendant's children and that the defendant could post a property bond with the intention that the state could get rid of the defendant's house if there were complaints by the defendant's neighbors; after filing a recusal in a case, the judge became involved in a pretrial conference in the case and testified against a motion filed by the Public Defender's Office; referred to a female magistrate court judge in an inappropriate, derogatory, and gender-based manner; criticized a female attorney for being employed by the Public Defender's Office; and after the Public Defender's Office filed a notice of appeal from the judge's ruling, the judge verbally modified the sentence and order of eligibility by ex parte communication with the monitoring agent, the judge's conduct constituted willful misconduct in office. In re Vincent, S.Ct. No. 27,266 (Filed March 22, 2002) (decided prior to the 2011 recompilation). Abusing prestige of judicial office. - Where a judge directly or indirectly solicited, commanded, requested, induced, employed, or otherwise attempted to promote, facilitate, or obtain favored treatment or avoidance of due process of the law from law enforcement officers for the judge's friend, the judge committed willful misconduct in office. In re Maestas, S.Ct. No. 27,348 (Filed March 5, 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). Involvement in friend's criminal case. - Where a judge became involved in the pending criminal case of a friend by speaking with the arresting state police officer by cellular telephone during the traffic stop and arrest; personally going to the adult detention center and ordered the friend's release and taking the friend to the judge's house, and speaking to a registered nurse and asking the nurse to draw an independent blood sample from the friend; and the judge had an alcoholic drink before going to the jail to release the friend and may have had the odor of alcohol on the judge's breath, the judge's conduct constituted willful misconduct in office. In re Sanchez, S.Ct. No. 25,821 (Filed March 14, 2001) (decided before the 2011 recompilation). Ex parte communications with police officers about pending cases. - A judge who had ex parte communications with police officers concerning defendants' out-of-court demeanor, attitude or behavior with the officers and about the use of "smiling" and "frowning" faces to be drawn on uniform traffic citations by the officers, which would inform the judge about defendants' demeanor, attitude or behavior with the officers during traffic stops, the judge committed willful misconduct in office. In re Arnold, S.Ct. No. 26,645 (Filed January 10, 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 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). Failure to comply with the law. - Where a judge approved and agreed in a plea and disposition agreement to withhold from the Motor Vehicle Division an abstract of record upon the defendant's completion of a probationary period and in another case, failed to impose the mandatory minimum sentence required by law, the judge's conduct constituted willful misconduct in office. In re Sanchez, S.Ct. No. 25,821 (Filed August 17, 1999) (decided prior to the 2011 recompilation). Failure to perform judicial duties. - Where a magistrate judge delayed in signing and filing written judgments and sentences; failed to impose the mandatory minimum sentences required by law; failed to submit abstracts of record to the Department of Motor Vehicles within the time required by law; and had ex parte communications with the former court administrator of the district court concerning the sentencing and disposition of a defendant who was a relative of the former court administrator and the desire of the defendant's family that the defendant be ordered to obtain alcohol/drug counseling, the judge's conduct constituted willful misconduct in office. In re Perea, S.Ct. No. 25,822 (Filed August 17, 1999) (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 stationery, 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). Director of a DWI school. - Where, as permitted by a municipal ordinance, a municipal judge was the owner and director of a DWI school and had a pecuniary interest in having individuals initially appear before the judge in court and then attend the DWI school, the judge's conduct violated the Code of Judicial Conduct. In re Rainaldi, 1986-NMSC-079, 104 N.M. 762, 727 P.2d 70 (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 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). Adjudicating cases in which the judge has a personal interest. - Where a judge filed a criminal complaint for criminal trespass against the defendant who had disregarded the judge's direction by visiting the premises rented by the judge's tenant, scheduled an arraignment in the judge's court, and later filed a recusal in the case; and in a second case, the judge filed a criminal complaint for criminal damage to property against the defendant, who was a former tenant of the judge, arraigned the defendant, committed the defendant to jail, and dismissed the charges without prejudice when the defendant agreed to repair the damages to the premises that the defendant had rented from the judge, the judge's conduct constituted willful misconduct in office. In re Lucero, 1985-NMSC-053, 102 N.M. 745, 700 P.2d 648 (decided prior to the 2011 recompilation). Accepting a favor. - Where a judge accepted a favor from a person appearing before the judge, the judge's conduct violated the Code of Judicial Conduct. In re Terry, 1984-NMSC-066, 101 N.M. 360, 683 P.2d 42 (decided prior to the 2011 recompilation).