New Mexico Advisory Committee on the Code of Judicial Conduct Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Mexico Advisory Committee on the Code of Judicial Conduct, with full citations and source links on every page.
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May a judge write a recommendation to a judicial nominating commission for another judge seeking appointment?
The committee said yes, if the recommendation was based on the writing judge's personal knowledge. It read the Code commentary's permission for reference letters together with its provisions on the…
May a full-time magistrate judge also serve part time as a tribal judge pro tempore during evenings or weekends?
The committee said no. Although the proposed tribal hours did not overlap the magistrate job, then-current Rule 21-500(I) barred a full-time magistrate from holding any other judicial position.
May a judge sign a public letter urging voters to approve a library bond issue while serving on the library board?
The committee concluded that the judge should not sign the proposed letter urging voters to approve the bond issue. It reasoned that the judge's office was known locally and the signature would lend…
Does the ban on some governmental committee appointments apply to a part-time municipal judge?
The committee said Rule 21-901(C)(1)(b) exempts part-time municipal judges from Rule 21-500(C)(2)'s governmental-position ban. It said the judge still had to meet the Code's integrity and…
Could a judge resume hearing cases while a homicide investigation involving the judge and spouse remained open?
The committee advised the judge to continue a voluntary absence from cases until the investigation ended and both the judge and spouse were cleared of criminal charges. It focused on public…
How did the 2004 judicial conduct rules treat allegedly misleading claims on an opposing judicial candidate's website?
The committee treated candidate websites as campaign advertising subject to the Code's misleading-content and material-fact limits, but declined to decide whether the specific allegations were…
May a judge take part in a paid 'Dunk a Judge' booth at a cancer-research fundraiser?
The committee said no. It concluded that the booth would use the prestige of judicial office to attract donations and could draw participants seeking favor from the judge.
May a judge retain Freemason membership when women cannot join as full members?
The committee said the judge's membership may violate the Code unless the organization's practices were materially different from those examined in the cited Rotary case. Given limited information,…
How may judges work with attorneys on model stream-adjudication procedures while avoiding ex parte communications in pending cases?
The committee said separate judicial drafting and attorney or academic review could prevent improper communications, with notice and hearing before any model order changed a pending case. It advised…
May a lawyer who represents local police officers serve as a part-time alternate municipal judge where those officers appear?
The committee said the applicant could not continue the described police-client representation while serving as a part-time municipal judge. The relationships would create at least an appearance of…
May a probate judge make a paid public television law program that might air during the station's pledge drives?
The committee permitted the described television work if the judge did not personally fundraise and the work did not interfere with judicial duties. It said airing the judge's name during a pledge…
May a judge refer traffic offenders to a program when the judge's court administrator is a paid instructor?
The committee said allowing the administrator to receive referrals from offenders before the judge created an improper appearance. Routing referrals through a state bureau did not cure the concern;…
May a judge join the board of a charitable foundation funded partly by a case the judge mediated?
The committee allowed the board role on the stated facts: the litigation was complete, the foundation's work was unrelated to litigation, and the ordinary restrictions on proceedings, solicitation,…
May a judge in a nonpartisan retention election give a political party a photograph for possible advertising?
The committee prohibited providing a photograph when circumstances indicate a party advertisement would reflect or imply the candidate's party affiliation. It allowed an otherwise permitted use, but…
May a district judge teach a paid evening Business Law class at a community college?
The committee found no prohibition on the proposed evening class. It identified limits on impartiality and judicial duties, and said the compensation's source and amount must avoid an appearance of…
Could a magistrate judge participate in a DWI Program Advisory Council that supported law-enforcement causes and monitored DWI cases?
The committee concluded that a magistrate judge's participation in the described council would reflect adversely on impartiality and violate the Code of Judicial Conduct.
Which civic boards and youth-justice activities could a children's court judge join?
The committee conditionally allowed a sister-city presidency, museum board, juvenile-justice advisory committee, and public meetings. It rejected a director or adviser role at a youth and family…
May a metropolitan judge serve as a football or basketball game statistician, with or without pay?
The committee did not give blanket approval. It said the judge must assess the role against the Code's limits on outside activities, especially whether it would interfere with required judicial…
What limits did the committee place on a retired judge acting pro tem while running a private investigation business and writing a pardon letter?
The committee said pro tem service could not appear to help obtain investigation clients, raise impartiality doubts, create conflicts, or influence court personnel. It also rejected a personal…
May a municipal judge write short local newspaper articles explaining how the municipal court works?
The committee said the articles would comply with the Code if they educated the public about court operations, promoted confidence in the judiciary, and did not take time from judicial duties.
May a magistrate candidate campaign before an uncontested primary when the general election will be contested?
The committee said yes. A magistrate candidate with no primary opponent but a general-election opponent remained in a contested partisan election and could campaign during the primary under Rule 21-700(B).
Must an incumbent probate judge identify the current court when using the title 'judge' to campaign for a magistrate seat?
The committee applied its earlier opinion requiring a lower-court judge using the title in a campaign for higher judicial office to identify the current judgeship. It said that ruling continued…
May a judge receive about $750 to teach a short juvenile-justice course on Saturdays?
The committee found no facial Code problem with the described teaching outside court time and without court resources. Payment had to be reasonable, no higher than comparable nonjudge pay, free of…
May a full-time New Mexico judge also hold a second judgeship if the schedules do not conflict?
The committee pointed to Rule 21-500's prohibition on a full-time judge holding another judicial position, elected or appointed. Separate evening and weekend hours did not change that rule.
May a probate judge receive a fee for a newspaper column explaining probate and court procedures?
On the committee's assumptions about educational content, reasonable pay, separate production, and no active law practice, compensation for the column alone did not violate the Code.
May a magistrate judge rent space to providers receiving the court's anger-management and driver-improvement referrals?
The committee said the rental relationships could create actual or apparent partiality in sentencing and referrals. It directed the judge to investigate divestment and proceed when it could be done…
Does a nonlawyer judge violate the Code by filing a personal Chapter 7 bankruptcy petition after a former business fails?
The committee said a bankruptcy filing alone was not prohibited on the stated assumptions: the judge had not operated the business while judging, had no improper creditor dealings, and complied with…
May judges' names appear as CASA judicial advisers on letterhead used for fundraising?
The committee said the names on CASA fundraising letterhead created an appearance of impropriety by implying leadership and fundraising involvement. It suggested asking CASA to remove the names.
May a successful judicial campaign keep its account open and seek contributions after election to pay outstanding campaign debt?
The committee allowed the account to remain open and additional contributions to pay existing campaign debt after the thirty-day period. Any excess funds after the debt is paid had to be returned or…
Must a part-time municipal judge resign when filing to run for nonjudicial public office?
Yes. The committee said the part-time exemption did not cover Rule 21-700(C), which required a judge to resign immediately on filing a candidacy statement for nonjudicial public office.
May a judge finance a building sale to a lawyer who rents the building and appears in the judge's court?
If commercial financing was available, the committee said the judge had to avoid a continuing financial relationship with the purchasing lawyer. Tax consequences did not change that conclusion.
How should a judge address impartiality when selecting a charity for unclaimed class-action funds?
The committee said prior ties to a charity must not influence selection or create that impression. It suggested selection by several judges or recommendations from a citizens panel, while declining…
May a part-time municipal judge also work full-time as a clerk for another government agency?
The committee said the described employment did not violate the Code because the judge was part-time and exempt from the rule on appointments to other government positions; contact with the employer…
May a judge submit a sealed bid to build a new courthouse in the judge's county?
The committee advised the judge not to bid. It said an award to the judge could reasonably appear to exploit judicial position, and construction work could raise questions about judicial duties and…
May an appointed incumbent judge use the word retain in a contested partisan-election campaign?
The committee said the judge could use retain because, on the stated facts, it did not mislead voters or misrepresent the judge's present position, despite the separate retention-election process.
May a district-court bailiff also hold elected county commissioner office if the judge recuses from county matters?
The committee said the dual roles violated the Code and Judicial Branch Personnel Rule 26 because the bailiff's confidential court role and elected office created a conflict and appearance of impropriety.
May a judge hear a case when an organization the judge belongs to appears as amicus curiae?
The committee gave no categorical answer. Membership must itself be permissible, the judge cannot shape a brief for a case that could come before the court, and participation depends on the judge's…
How may a judicial staff attorney support a spouse's campaign for judicial office?
The committee allowed political participation subject to judicial employee and candidate limits. It prohibited campaign conduct during court work or in court offices, use of court resources or…
May a judge join a charitable foundation board and appear on its fundraising letterhead?
The committee allowed the board role and a nonemphasized name and judicial designation alongside other members, but barred personal fund solicitation and use of judicial prestige in fundraising.
May a judge join a neighborhood advocacy board to advise communities on working with the courts?
The committee rejected the board role because the group, its parent, or those it advised might frequently appear before the judge's court, and the advisory role could cast doubt on impartiality.
May a judge or the judge's spouse sell legal-service plans, and what happens when a provider appears in court?
The committee advised the judge not to remain an agent or lend her name to the business. If the spouse continued, the judge's indirect financial interest required recusal or the recorded waiver…
May a judge serve on the board of a community-action nonprofit that administers social-service programs?
The committee conditionally permitted service, assuming the organization, its programs, and beneficiaries were not likely to appear in proceedings before the judge's court. It identified further…
May a judge jointly own an airplane with a lawyer and businessperson who may appear before the court?
Frequent appearances by the co-owners or lawyer's firm would bar the arrangement; recusal alone would not suffice. Rare appearances would permit it, with recusal or full disclosure and waiver in…
Must a criminal judge be disqualified when the judge's spouse supervises probation officers recommending action in the judge's cases?
The committee found a reasonable basis to question impartiality because the spouse supervised officers making recommendations to the judge. It identified Rule 21-400(C)'s disclosure and agreed…
May a municipal judge permit live radio broadcasts of courtroom proceedings?
The committee said the Code did not resolve the question, but court Rule 8-102 barred broadcasting proceedings without express Supreme Court approval. It distinguished nonjudicial ceremonial events,…
May a nonincumbent judicial candidate allow a charity to use the candidate's name and photo in a fundraising brochure?
On the stated facts, the committee said the nonincumbent candidate could allow the brochure. It limited the conclusion to the judicial-prestige fundraising rule and a candidate who had not yet held…
Did a judge have to recuse when counsel was a former firm associate or a past judicial election opponent?
On the stated facts, the committee found no required recusal for the former associate's new matters or the former opponent's cases, while distinguishing matters handled by the old firm and…
Could a magistrate judge sell land to a contractor bidding to build a new courthouse?
The committee found no Code violation where the judge had no role in choosing the courthouse site or bid and would not use judicial office to influence the sale or bidding.
Could a judge keep an ownership interest in office space rented to lawyers who regularly appear before the judge's court?
The committee found a problematic continuing business relationship despite the judge's small interest. It said the Code called for divestment when feasible, with disclosure and possible waiver as an…
Could a probate judge write informational articles about probate for a local newspaper?
The committee concluded that informational articles about probate were permissible, subject to limits against legal advice, comments on pending matters, and statements casting doubt on impartiality.
Could a New Mexico trial judge appear in a CBS morning-show video that names the judicial position?
The committee concluded that the proposed video would improperly use the judge's office to endorse CBS This Morning. It said the video would be acceptable if it did not identify the speaker as a judge.
Could a part-time municipal judge join a student-project fundraising board and represent a judge in another municipality?
The committee cited limits allowing ordinary board letterhead but restricting personal fund solicitation. It also concluded that representation in the other municipality's dispute was not barred by…
May a judge help interview candidates for probation officer and detention coordinator jobs?
The committee advised against both panels because selected officers might later recommend sentences or testify before the judge, creating an appearance of special influence and possible recusal.
What did the committee provide in Opinion 97-02 about a judge's spouse's employment?
The 1997 letter supplied no independent facts or ruling; it enclosed Opinion 91-01 as a likely answer and invited further questions. The enclosure addressed recusal and disclosure when a judge's…
Could a judge attend a national party convention as an alternate delegate?
The committee distinguished attendance from delegate service: a judge could attend in a nonofficial capacity, but could not serve as a delegate or alternate delegate because that role acted as party…
Could a new New Mexico Supreme Court justice continue serving on a public technical college governing board?
The committee concluded that a judge could not serve on the governing board of a public educational institution other than a law school, even if the appointment preceded judicial service.
Could a child support hearing officer serve on a CASA organization’s board in the same district court?
The committee concluded that board service was barred because CASA volunteers frequently appeared in the court of which the hearing officer was a member, even if they did not ordinarily appear…
Could a judge run a newspaper or radio program answering public questions about court operations?
The committee permitted informational newspaper or radio programming with limits on legal advice, pending matters, and impartiality; it said public funds should not pay for a separate program mailbox.
Could a full-time New Mexico judge volunteer as a pro tem judge in a Tribal Court during vacation?
The committee concluded that Rule 21-500(I) barred the full-time state judge from holding a second judicial position in a Tribal Court, even without pay and during vacation.
Must a sitting judge resign after filing as a candidate for state representative?
The committee concluded that Canon 21-700(C) required a judge to resign judicial office immediately upon filing a statement of candidacy for a nonjudicial office.
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Legal ethics opinions from the New Mexico Advisory Committee on the Code of Judicial Conduct interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.