N.M. Code. Jud. Cond. 21-401
N.M. Code. Jud. Cond. 21-401
Committee commentary. -
Participation in Political Activities
[1] Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence. Although judges and judicial candidates may register to vote as members of a political party, they are prohibited from assuming leadership roles in political organizations, such as ward chair or delegate to a party convention. See Subparagraph (C)(1) of this rule pertaining to judges and Rule 402(A)(2)(b) NMRA pertaining to judicial candidates. Non-candidates may attend political events, but must be conscious that a judge may abuse the prestige of judicial office by being present at the event and should consider whether the interests of the judiciary would best be served by not attending. A judge should not attend events organized for the sole purpose of raising money for a political campaign.
[2] Judges under Subparagraphs (C)(2) and (C)(3) of this rule, and judicial candidates as provided under Rule 402(A)(2)(b), are prohibited from publicly endorsing or opposing candidates for public office or making speeches on behalf of political organizations, to prevent them from lending the prestige of judicial office to advance the interests of others. See Rule 21-103 NMRA. These rules do not prohibit candidates from campaigning on their own behalf. See Rule 21-402(C)(1) NMRA.
[3] Although members of the families of judges and judicial candidates are free to engage in their own political activity, including running for public office, there is no "family exception" to the prohibition in Subparagraph (C)(2)(a) of this rule or Rule 402(A)(2)(b) NMRA, against a judge or judicial candidate publicly endorsing candidates for public office. A judge or judicial candidate must not become involved in, or publicly associated with, a family member's political activity or campaign for public office. To avoid public misunderstanding, judges and judicial candidates should take, and should urge members of their families to take, reasonable steps to avoid any implication that the judge or judicial candidate endorse any family member's candidacy or other political activity.
[4] Judges and judicial candidates retain the right to participate in the political process as voters in all local, state, and government elections.
[5] Subparagraph (C)(7) of this rule and Rule 21-402(A)(2)(b) make applicable to both judges and judicial candidates the prohibition relating to pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.
[6] The making of a pledge, promise, or commitment is not dependent upon, or limited to, the use of any specific words or phrases; instead, the totality of the statement must be examined to determine if a reasonable person would believe that the candidate for judicial office has specifically undertaken to reach a particular result. Pledges, promises, or commitments must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a judge or judicial candidate should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to his or her personal views.
[7] The Code does not prohibit a judge in the exercise of administrative functions from engaging in planning and other official activities with members of the executive and legislative branches of government. See Rule 21-302 NMRA.
[8] A judge is prohibited from publicly endorsing a judicial candidate or candidate for public office, e.g., adding the judge's name to a list of supporters or publicly recommending the judge's election or appointment. Private endorsements, however, are permitted. A judge or judicial candidate is not prohibited from privately expressing the judge's or judicial candidate's views on judicial candidates or other candidates for public office.
[9] Paragraph D of this rule exempts magistrate, municipal, and probate judges from the prohibitions identified in this paragraph.
[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012; as amended by Supreme Court Order No. 15-8300-013, effective December 31, 2015.]
ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-013, effective December 31, 2015, in the rule, in Paragraphs B and Subparagraph D(1), changed "non-fund raising" to "non-fundraising"; in the committee commentary, in Paragraph [1], in the second sentence, after "prohibited", deleted "by Paragraph (C)(1)", and at the end of the sentence, added "See Subparagraph (C)(1) of this rule pertaining to judges and Rule 402(A)(2)(b) NMRA pertaining to judicial candidates."; in Paragraph [2], at the beginning of the first sentence, added "Judges under", deleted "Paragraphs", and added "Subparagraphs", after "(C)(3)", added "of this rule," and deleted "prohibit judges", after "judicial candidates", added "as provided under Rule 402(A)(2)(b), are prohibited", after "from", deleted "making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office" and added "publicly endorsing or opposing candidates for public office or making speeches on behalf of political organizations", after "organizations," deleted "respectively", and after the second occurrence of "See", deleted "Rule 21-402(A)(7)" and added "Rule 21-402(C)(1)"; in Paragraph [3], in the first sentence, after "prohibition in", deleted "Paragraph" and added "Subparagraph", and after "(C)(2)(a)", added "of this rule or Rule 402(A)(2)(b) NMRA"; in Paragraph [4], after the first sentence, deleted "Statements and Comments Made during a Campaign for Judicial Office (see also Rule 21-402 NMRA); Pledges, Promises, or Commitments Inconsistent with Impartial Performance of the Adjudicative Duties of Judicial Office."; in Paragraph [5], at the beginning of the paragraph, deleted "Paragraph (C)(9) (and Rule 21-402(A)(2)(a) )" and added "Subparagraph (C)(7) of this rule and Rule 21-402(A)(2)(b)", and after "the prohibition", deleted "that applies to judges in Rule 21-201(B) NMRA"; in Paragraph [6], in the third sentence, after "a judge", added "or judicial candidate"; and in Paragraph [7], after "See", deleted "Rule 21-312 NMRA" and added "Rule 21-302 NMRA". 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 Endorsement of political candidate. - Where a magistrate court judge authorized the use of the judge's name for an endorsement of a candidate for reelection as mayor of a municipality and the endorsement, which was published in a local newspaper, did not explicitly identify the judge as a magistrate court judge, the judge violated the Code of Judicial Conduct. In re Vincent, 2007-NMSC-056, 143 N.M. 56, 172 P.3d 605 (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).