Does a nonjudge judicial candidate violate the Code by giving campaign literature to customers at a private business?

Plain-English summary

A sitting municipal judge asked about an election opponent who worked for an ignition-interlock company and attached campaign material to customer receipts. The opponent was not then a judge. [Source: Opinion 18-03, p. 1]

The committee noted the Code applies to judicial candidates only where stated. Rule 21-402 permitted candidates to speak through campaign literature, subject to applicable election law. It found no Code provision barring distribution at a private business or workplace. [Source: Opinion 18-03, pp. 1–2]

Because it knew of no law prohibiting the described distribution, the committee saw no Code violation on the information supplied. [Source: Opinion 18-03, p. 2]

In practice

The opinion’s conclusion concerns distribution of permitted campaign literature at a private workplace, while preserving the candidate’s obligation to comply with election law. [Source: Opinion 18-03, pp. 1–2]

Common questions

Q: Did attaching campaign material to receipts violate the Code?

A: The committee saw no violation on the facts supplied. [Source: Opinion 18-03, p. 2]

Q: Did the committee exempt the candidate from election law?

A: No. It cited Rule 21-402(A)(1)(b)’s requirement to comply with applicable election and campaign laws and regulations. [Source: Opinion 18-03, pp. 1–2]

Background and rules framework

The opinion discusses New Mexico Code of Judicial Conduct Rules 21-004(A), 21-402, and 21-400 comment 4, including Rules 21-402(A)(3)(a) and 21-402(A)(1)(b). [Source: Opinion 18-03, pp. 1–2]

Citations and references

New Mexico Code of Judicial Conduct:

• Rules 21-004(A), 21-402, 21-400, 21-402(A)(3)(a), 21-402(A)(1)(b). Source: Opinion 18-03.

See also

• NM Judicial Ethics Op. 18-01: Campaign Endorsement and Recusal
• NM Judicial Ethics Op. 18-04: Electric Cooperative Board Election

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 18-03

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, Co-Chair (ret.) This is an advisory opinion by the New Mexico Advisory .° *-

• Hon. Julie J. Vargas, Co-Chair Committee on the Code of Judicial Conduct. Advisory
  Paul L. Biderman, Esq. opinions are responses to inquiries from judges seeking Prof. Robert L. Schwartz . guidance on judicial ethics questions. They are not issued, . Hon. Freddie J. Romero approved, or endorsed by the New Mexico Supreme Court; Hon. Sandra W. Engel nor are they binding. Maith 2, 2018 ~. RECEIVED...

MAR - 2 2018

Supreme Court Law Library,
Santa Fe, New Mexico

Re: Judicial Advisory Opinion 18-03
‘en i
You are currently running for re-election SS Miciral Court Judge. Your opponent, who is not currently a judge, works for a private company that provides ignition interlock devices to the public. You have learned that your
’ opponent has been attaching his campaign literature to customer receipts when they

contract for ignition interlock devices. You have asked whether this action violates ©.” the Code of Judicial Conduct.

Initially, we note that the Code has limited application to judicial candidates. See NMRA 21-004(A) (“Where stated, the Code . . . applies to judicial candidates.”).- Your request implicates a judicial candidate’s sespousibilides Rule 21-402 NMRA. - “Rule 21-402 NMRA establishes the boundaries for political and campaign activities that circumscribe the conduct of j udges and non-judges who are judicial candidates , ‘engaged in a partisan, non-partisan, or retention election.” Rule 21-400, cmt. 4." NMRA. The Rule permits judicial candidates to “speak on behalf of his or her candidacy through any medium, including, but not limited to, advertisements, -

websites or other campaign literature.” Rule 21-402(A)(3)(a). Unless prohibited »: . :

by the the Election Code and its accompanying regulations, nothing in the Rule Page Two

prohibits a candidate from distributing permitted campaign literature at his private: business or private place of employment. See Rule 21-402(A)(1)(b) (stating that a judicial candidate “shall comply with all applicable election, election campaign, and election campaign fundraising laws and regulations”). We are unaware of any law or regulation that would prohibit your opponent from distributing campaign literature. _
’ ata private business. Consequently, we see no violation of the Code based on the -

information you have provided.

Very truly yours,

Baten dete

Co-Chair . Co-Chair

cc: Hon. Sandra W. Engel '
Hon. Freddie J. Romero
Professor Robert L. Schwartz
Paul L. Biderman, Esq.