Must a part-time municipal judge resign when filing to run for nonjudicial public office?

Plain-English summary

The requester asked whether a part-time municipal judge could run for public office. The committee quoted Rule 21-700(C)'s prohibition on judges being nominated or elected to nonjudicial public office while serving, and its requirement of immediate resignation upon filing a candidacy statement. Source: Opinion 01-10, p. 1

The committee explained that Rule 21-901(C) exempted part-time municipal judges from some Code provisions, but not Rule 21-700(C). The second page is a later letter from the chair acknowledging earlier misinformation and enclosing the committee's opinion. Source: Opinion 01-10 and accompanying letter, pp. 1–2

In practice

The opinion applies the filing-triggered resignation requirement to a part-time municipal judge seeking nonjudicial public office. Source: Opinion 01-10, p. 1

Common questions

Q: Does the part-time municipal judge exemption cover this campaign rule?

A: No. The committee expressly said Rule 21-901(C) did not exempt such judges from Rule 21-700(C). Source: Opinion 01-10, p. 1

Q: When did the committee say resignation was required?

A: Immediately upon filing the candidacy statement for a nonjudicial office. Source: Opinion 01-10, p. 1

Background and rules framework

The committee applied then-current New Mexico Code of Judicial Conduct Rules 21-700(C) and 21-901(C). The opinion is numbered 01-10; its letter is dated March 4, 2002, and the accompanying correction letter is dated March 14, 2002. Source: Opinion 01-10 and accompanying letter, pp. 1–2

Citations and references

• New Mexico Code of Judicial Conduct Rules 21-700(C) and 21-901(C). Source: Opinion 01-10, p. 1

See also

• NM Judicial Op. 02-02: Primary Campaign
• NM Judicial Op. 02-08: Party Photograph

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 01-10 and correction letter

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

March 4, 2002

Re: Judicial Advisory Opinion 01-10

Dear

You have asked this Committee for an opinion as to whether it would violate the Code of Judicial Conduct for a part-time municipal judge to run for public office. Rule 21-700(C) NMRA 2002 provides:

No judge of any court in the State of New Mexico may while in office be nominated or elected to a public non-judicial office. A judge must, when filing a statement of candidacy for a non-judicial office, resign the judge's office immediately.

Although under Rule 21-901(C), a part-time municipal judge is not subject to several of the provisions of the Code of Judicial Conduct, Rule 21-901(C) does not exempt a part-time municipal judge from compliance with Rule 21-700(C).

Therefore, if you seek a pubic non-judicial office, the Code of Judicial Conduct requires that you resign as part-time municipal judge upon the filing of your statement of candidacy for the non-judicial office.

Very truly yours,

Frank H. Allen, Jr.
Chairman
Judicial Advisory
Committee
STATE OF NEW MEXICO
SECOND JUDICIAL DISTRICT
DIVISION IV
CHAMBERS OF
FRANK H. ALLEN. JR.
P.O. BOX 488
DISTRICT JUDGE
ALBUQUERQUE. NM 87103
(505) 841-7455

March 14, 2002

Re: Judicial Advisory Opinion 01-10

Dear

After telling you that it would be ok for you to run for public office I was corrected by one of the members of the committee that I was referring to Rule 21-500(C)2 instead of Rule 21- 700 (C) as I should have.

I'm sorry for the misinformation. See enclosed opinion from the committee.

Very truly yours,

Frank H. Allen, Jr.
Chairperson
Judicial Advisory Committee

Enclosure

FHA/mah