N.M. R. Jud. Stan. Comm. Proc. 27-401

As amended through August 23, 2024

Rule 27-401 - Disposition

A.Supreme Court decision. The Supreme Court, in its discretion and under such conditions as it may specify, may:

(1) accept, reject or modify any or all of the findings and conclusions of the commission;

(2) if the judge is eligible for retirement benefits, order the retirement of the judge;

(3) impose the discipline recommended by the commission or any other greater or lesser discipline that it deems appropriate under the circumstances including removal;

(4) impose public censure of the judge;

(5) impose probation or other conditions as a type of discipline by itself or may defer the effect of the discipline imposed;

(6) suspend the judge;

(7) remove the judge; or

(8) remand the proceedings to the commission for additional evidence. The commission may then affirm or modify its recommendations, and shall file with the Supreme Court as a part of the record any additional evidence, together with the affirmation of, or modifications in, its recommendations.

B.Mandate. The Court may dispose of the proceedings by filing an order in the proceedings. The order may be accompanied by a written decision or opinion. The Court may order the publication of its order or other disposition in the Bar Bulletin and New Mexico Appellate Reports, and all formal opinions shall be published in accordance with Paragraph C of Rule 12-405 NMRA.

C.Rehearing. No motion for rehearing or reconsideration shall be permitted.

D.Expenses. The Supreme Court in its discretion may direct that the costs of the proceedings be paid by the respondent judge in accordance with Rule 27-403 NMRA.

N.M. R. Jud. Stan. Comm. Proc. 27-401

Approved, effective 4/17/1996; as amended by Supreme Court Order 12-8300-009, effective 3/5/2012.

ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-009, effective March 5, 2012, eliminated the requirement that formal opinions be published in the New Mexico Reports; permitted the court to publish orders and decisions in the Bar Bulletin and the New Mexico Appellate Reports; in Paragraph B, in the second sentence, after "order or other disposition", added "in the Bar Bulletin and New Mexico Appellate Reports, and all"; and after "formal opinions shall be published in" deleted "the New Mexico Reports" and added "accordance with Paragraph C of Rule 12-405 NMRA". Removal from office. - Where the metropolitan court judge adjudicated traffic cases involving family members, friends, and family members of friends and staff outside the presence of a representative of the state, without hearings or taking evidence; blamed his secretary for fixing the traffic citations; and during the time the judge was fixing the traffic citations, knew that he was under investigation in a separate disciplinary matter involving the improper delegation of his judicial duties to his secretary, removal from office was the proper remedy. In the Matter of Griego, 2008-NMSC-020, 143 NM 698, 181 P.3d 690.