May a sitting judge host a home meet-and-greet to seek a party committee's nomination for another judicial seat?

Plain-English summary

A district judge's impending retirement would leave a position available after the primary election. Party central committees could choose candidates for the general-election ballot. A sitting judge seeking the seat asked whether a social event at home could introduce the judge to committee members and other politically active people. Source: Opinion 12-07, p. 1

The committee treated the selection process as an election within a party and applied Rule 21-402 to the judge as a candidate. It said the Code allowed personal contact with voters and did not prohibit a meet-and-greet or its location at the candidate's home. The candidate still had to act consistently with judicial independence, integrity and impartiality. Source: Opinion 12-07, pp. 1–2

The committee also said that, during this selection process, the judge must disqualify from cases involving attorneys who are central committee members. Once a judicial candidate, the judge also became subject to Rule 21-402's campaign requirements, including forming a committee if intending to raise or spend more than $1,000. Source: Opinion 12-07, pp. 2–3

In practice

The holding permits the home event in the described party nomination process. It separately identifies impartiality, campaign committee and recusal obligations that attach to the candidacy. Source: Opinion 12-07, pp. 1–3

Common questions

Q: Does the Code forbid the judge's home as the venue?

A: No. The committee said nothing in the Code specifically prohibited the home venue in this election context. Source: Opinion 12-07, p. 2

Q: When does the sitting judge become a judicial candidate?

A: The committee said the judge becomes a candidate upon announcing candidacy or soliciting support for the position. Source: Opinion 12-07, p. 1

Q: What did the committee say about attorney committee members' cases?

A: It called for disqualification in cases involving attorney members of the central committee during the selection process. Source: Opinion 12-07, p. 2

Background and rules framework

The committee applied the Code's definition of judicial candidate and Rules 21-402, 21-404, and 21-211. It emphasized Rule 21-402(A)(1)(a)'s impartiality standard and the committee-formation threshold in Rule 21-402(A)(1)(e). Source: Opinion 12-07, pp. 1–3

Citations and references

New Mexico Code of Judicial Conduct:

• Rules 21-402, 21-402(A)(3)(a), 21-402(E), 21-404, 21-402(A)(1)(a), 21-211, and 21-402(A)(1)(e). Source: Opinion 12-07

See also

• NM Judicial Ethics Op. 12-03: Attorney Endorsements
• NM Judicial Ethics Op. 18-01: Campaign Endorsement and Recusal

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 12-07

Original opinion text

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

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. James J. Wechsler, Chair
Hon. Kevin L. Fitzwater

Paul L. Biderman, Esq.

Prof. Robert L. Schwartz
Freddie J. Romero

June 19, 2012

Judicial Advisory Opinion No. 12-07

Dear Judge

A judge on the district court has announced retirement, and you wish to compete for the position. Because the position becomes available after the primary election, the central committees of the political parties will have the opportunity to select candidates to be on the ballot for the position in the November general election. In order to introduce yourself to your party’s central committee, you wish to hold a social function at your home and invite central committee members and other political active persons. You have asked the Advisory Committee on the Code of Judicial Conduct whether the Code of Judicial Conduct permits you to do so.

The Code of Judicial Conduct does not have any provision that directly addresses political activity in pursuit of a ballot position by selection of a central committee. It does, of course, address political and campaign activities of a sitting judge who becomes a candidate for a judicial office. See Rule 21-402 NMRA (discussing permitted and prohibited actions of judicial candidates in partisan elections). The Committee considers Rule 21-402 to be applicable to your inquiry because the process you describe involves an election within a political party to select a judicial candidate in a partisan election. Once you announce your candidacy or solicit support for the position, you become a “judicial candidate” under the Code. Code of Judicial Conduct, Terminology.

Although it is not specifically addressed in the Code of Judicial Conduct, the Code contemplates, as in any election, that judicial candidates may personally contact voters to request votes. Indeed, the Code specifically permits judicial candidates to “speak on behalf of ... [their candidacies] through any medium, including, but not limited to, advertisements, websites, or other campaign literature.” Rule 21- 402(A)(3)(a). It does not prohibit judicial candidates from personally soliciting campaign contributions from persons other than from attorneys or litigants in cases pending before the judicial candidate. Rule 21-402(E). It is common in any election, including judicial elections, for candidates to personally solicit votes from the electorate as part of the campaign. Often, a candidate’s opportunity to have contact with voters will arise at a “meet and greet” function organized by the candidate’s campaign. See Rule 21-404 (stating that judicial candidates shall form campaign committees “to conduct campaigns for the candidate using media advertisements, brochures, mailings, candidate forums and other means not prohibited by law or these rules”). As a result, the Committee concludes that the Code does not forbid you from holding such a “meet and greet” function to introduce yourself to the central committee and other politically active persons.

You raise the question whether you may hold such function at your home. Again, nothing in the Code specifically addresses or prohibits your doing so. The Committee believes that because you may hold the function at another venue and because of the context of the function as part of the election process, you are not prohibited from holding it at your home.

The Committee notes, however, that in permitting a judicial candidate to participate in the election process, Rule 21-402 nevertheless requires that the candidate “‘act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary.” Rule 21-402(A)(1)(a). The Committee cautions that you remain cognizant of this requirement.

In addition, the Committee notes that regardless of whether you hold the function you have described, if you become a candidate in this type of election, the Committee believes that you must disqualify yourself in cases involving attorneys who are members of the central committee during the process. See Rule 21-211 NMRA (“A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned[.]”). Further, the Committee points out that on becoming a judicial candidate, you become subject to the

requirements of Rule 21-402, including the formation of a campaign committee if you intend to raise or spend more than $1,000.00. Rule 21-402(A)(1)(e).

Very truly yours,

James J. Wechsler

Chair
JJW:ow

cc: Hon. Kevin L. Fitzwater
Hon. Freddie J. Romero
Paul L. Biderman
Professor Robert L. Schwartz