N.M. Code. Jud. Cond. 21-312

As amended through August 23, 2024

Rule 21-312 - Compensation for extrajudicial activities

A. A judge may accept reasonable compensation for extrajudicial activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.

B.Conflicting compensated activities. A judge shall not hold any other paid position, judicial or otherwise, that conflicts with the hours and duties the judge is required to perform for every judicial position. A judge shall devote the number of hours that is required by any judicial position held. In no event shall other paid employment or compensable activity hours be performed simultaneously.

Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012.

Committee commentary. -

[1] A judge is permitted to accept honoraria, stipends, fees, wages, salaries, royalties, or other compensation for speaking, teaching, writing, and other extrajudicial activities, provided the compensation is reasonable and commensurate with the task performed. The judge should be mindful, however, that judicial duties must take precedence over other activities. See Rule 21-201 NMRA.

[2] Compensation derived from extrajudicial activities may be subject to public reporting. See Rule 21-315 NMRA.

[3] No judge may receive any remuneration, including a gratuity, for performing a marriage ceremony. For reasonable travel expenses, see Rule 21-314 NMRA.

[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 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). 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).