Could a child support hearing officer serve on a CASA organization’s board in the same district court?

Plain-English summary

A child support hearing officer asked to join the board of a local CASA program. Although its volunteers did not ordinarily appear before that officer, the committee noted that they regularly appeared in the district court of which the officer was a member. Source: Opinion 96-06

The committee applied Rule 21-500(C)(3)(a)(ii), barring a judge from serving as a director of an organization frequently engaged in adversary proceedings in the judge’s court. It concluded that the proposed CASA board service violated the Code on those facts. Source: Opinion 96-06

Currency note

This 1996 opinion applied the New Mexico Code of Judicial Conduct as it stood then. Later amendments or opinions may have changed the analysis. Treat it as historical context and verify the current Code before relying on it. Source for historical rule: Opinion 96-06

Common questions

Q: Did it matter that CASA volunteers did not usually appear before the hearing officer personally?

A: No. The committee applied the rule to the court of which the hearing officer was a member, where CASA volunteers frequently appeared. Source: Opinion 96-06

Q: What role did the committee reject?

A: It rejected service on the local CASA program’s board of directors under the stated circumstances. Source: Opinion 96-06

Background and rules framework

The committee applied New Mexico Code of Judicial Conduct Rule 21-500(C)(3)(a), which restricted nonprofit board service when the organization’s proceedings came before the judge or frequently before the judge’s court. It also cited a New Mexico Supreme Court case concerning CASA association. Source: Opinion 96-06

Citations and references

• New Mexico Code of Judicial Conduct Rule 21-500(C)(3)(a). Source: Opinion 96-06
• In the Matter of Joe Cruz Castellano Jr., 119 N.M. 140, 889 P.2d 175 (N.M. 1995). Source: Opinion 96-06
• N.M. Stat. Ann. § 40-4B-4C. Source: Opinion 96-06

See also

• NM Judicial Op. 98-05: Community Action Board

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 96-06

Original opinion text

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

Advisory Committee on the Code of Judicial Conduct

Hon. Frank H. Allen. Jr. Chairman
Hon. Thomas A. Donnelly
Prof. William T. MacPhearson, Jr.
May 29, 1996
Hon. Marie Baca

Re: Judicial Advisory Opinion 96-06

Dear

You have requested an advisory opinion from this committee as to whether it would be proper under the Code of Judicial Conduct for you to serve on the board of directors of the Casa program in the First Judicial District. As you point out in your letter to the committee you are the Child Support Hearing Officer for the First Judicial District Court in Santa Fe and therefore required to conform to Cannons 21- 100 through 21-700 of the Code of Judicial Conduct. (Section 40-4B-4C NMSA).

Section 21-500C (3) (a) (i) (ii) provides as follows:

A judge may serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious , charitable, fraternal, or civic organization not conducted for profit, subject to the following limitations and other requirements of this Code:

(a) a judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization:

(i) will be engaged in proceedings that would ordinarily come before the judge; or

(ii) will be engaged frequently in adversary proceedings in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member .
 In the Matter of Joe Cruz Castellano Jr., District Judge 119 NM 140, 889 P2d. 175 (Supreme Court 1995) was concerned in part with the judges association with Casa. In this opinion the court stated as follows:

The Special Masters found that First CASA of Santa Fe was a not-for- profit organization whose purpose was to recruit, train, and oversee volunteers who served as Court-Appointed Special Advocates for abused and neglected children in juvenile dependency proceedings; it was regularly engaged in proceedings that came before the Children's Court judge of the First Judicial District. Judge Castellano was the Children's Court judge for the First Judicial District from April 1989 until December 1993.

Although you stated in your letter to us "while due to my limited jurisdiction, the volunteers do not ordinarily appear before me. ..", you are part of the Court which hears cases in which the Casa volunteers regularly appear. Section 21-500 3(a) (ii) specifically prohibits a judge from being a director for an organization that "engaged frequently in adversary proceedings in the court of which the judge is a member".

Since you are a member of the Court before which Casa volunteers frequently appear and you are required to conform to Section 25-500 it is our opinion that being on the board of directors of Casa would be in violation of the Code of Judicial Conduct.

Very truly yours,

Frank H. Allen, Jr .

Chairman, Judicial Advisory
Opinion

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