N.M. Code. Jud. Cond. 21-212
N.M. Code. Jud. Cond. 21-212
Committee commentary. -
[1] A judge is responsible for his or her own conduct and for the conduct of others, such as staff, when those persons are acting at the judge's direction and control.
[2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly.
[3] A judge shall inform and require the judge's staff, court officials, and others subject to the judge's direction and control to observe the standards of confidentiality, fidelity, and diligence that apply to the judge and to refrain from bias and prejudice in the performance of their official duties.
[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. JUDICIAL REPRIMANDS 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). 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). 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 and 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). 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 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).