May a judge help a local high school mock trial team?

Plain-English summary

A judge asked whether the judge could help a local high school’s team in a nonprofit mock trial program involving attorneys and judges. [Source: Opinion 18-07, p. 1]

The committee said the program fell within Rule 21-307(A), subject to Rule 21-301’s limits on outside activities. It generally saw no prohibited activity in helping the team. [Source: Opinion 18-07, pp. 1–2]

The committee cautioned that the judge’s own time demands and case docket might change the analysis if they interfered with duties, led to frequent disqualification, or undermined independence, integrity, or impartiality. Barring those particular circumstances, it permitted the assistance. [Source: Opinion 18-07, p. 2]

In practice

The opinion permits the described mock trial assistance while tying its conclusion to the judge’s actual time demands and docket. [Source: Opinion 18-07, p. 2]

Common questions

Q: Does Rule 21-307(A) cover a school mock trial program?

A: The committee said this nonprofit program fell within that rule. [Source: Opinion 18-07, pp. 1–2]

Q: Could a judge’s docket affect the conclusion?

A: Yes. The committee identified frequent disqualification or a reasonable impartiality concern as possible limits. [Source: Opinion 18-07, p. 2]

Background and rules framework

The opinion applies New Mexico Code of Judicial Conduct Rules 21-307(A) and 21-301. [Source: Opinion 18-07, pp. 1–2]

Citations and references

New Mexico Code of Judicial Conduct:

• Rules 21-307(A), 21-301. Source: Opinion 18-07.

See also

• NM Judicial Ethics Op. 18-05: Truancy Intervention Program
• NM Judicial Ethics Op. 18-06: Boy Scout Volunteer Service

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 18-07

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.

SUPREME Court Law LIgRARY
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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 Hon. Sandra W, Engel Court; nor are they binding.

August 14, 2018

Re: Judicial Advisory Opinion 18-07

You have asked the Advisory Committee on the Code of Judicial Conduct whether you may assist a local high school with its mock trial team.

According to the Committee’s understanding, the mock trial program in New Mexico, the Gene Franchini High School Mock Trial Program is administered by the Center for Civic Values, a non-profit charitable and educational foundation. High School teams compete in trials. New Mexico attorneys and judges regularly participate in judging the competition. Attorneys assist the teams in learning the skills necessary to compete.

Under the Code of Judicial Conduct, “a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational religious, charitable, fraternal, or civic organizations not conducted for profit, ....” Rule 21-307(A) NMRA. The Gene Franchini High School Mock Trial Page Two

Program squarely falls within this rule. A Judge’s participation in the activities addressed in this rule, however, is “[s]ubject to the requirements of Rule 21-301 NMRA. Rule 21-307(A).

Rule 21-301, in addressing extrajudicial activities of a judge, permits such activities provided that the judge does not:

A. participate in activities that will interfere with the proper performance of the judge’s judicial duties;

B. participate in activities that will lead to frequent disqualification of the judge;

C. participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality;

D. engage in conduct that would appear to a reasonable person to be coercive; or

E. make use of court premises, staff, stationery, equipment, or other resources, except for incidental use for activities that concern the law, the legal system, or the administration of justice.

Rule 21-301 NMRA.

Generally, the Committee does not perceive that your participation assisting a local high school mock trial team in the Gene Franchini High School Mock Trial Program falls within any of these prohibitions. Of course, you must evaluate your particular circumstances. For instance, you must not spend such an irregular amount of time on the mock trial work such that it would interfere with your judicial duties in violation of subsection A. In addition, you should examine whether anything specific to your case docket would either lead to your frequent disqualification or reasonably undermine your independence, integrity, or impartiality under subsections A and B. Barring such particular circumstances, the Committee believes that you may assist a high school in its involvement in the mock trial program. Page Three

Very truly yours, a” hy
eae chsler ulie J. LG

Co-Chair Co-Chair

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