N.M. Code. Jud. Cond. 21-303
A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned.
N.M. Code. Jud. Cond. 21-303
Committee commentary. -
[1] A judge who, without being subpoenaed, testifies as a character witness lends the prestige of judicial office to advance the interests of another. See Rule 21-103 NMRA. Except in unusual circumstances where the demands of justice require, a judge should discourage a party from requiring the judge to testify as a character witness.
[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012.]
ANNOTATIONS Recompilations. - Pursuant to Supreme Court Order No. 11-8300-045, the former Judicial Code of Conduct was recompiled, effective January 1, 2012. See the table of corresponding rules for former rule numbers and the corresponding new rule numbers. Vouching for the character of a relative. - Where, after the step-child of a magistrate judge was jailed by the district court for nonpayment of support, the magistrate judge telephoned the district court judge, told the district court judge that the step-child was not a flight risk, and asked the district court judge to reduce the stepchild's bond or let the step-child out of jail, the magistrate judge vouched for the trustworthiness of the step-child in an attempt to influence the conditions of the stepchild's release from jail and committed willful misconduct in office. In re Naranjo, 2013-NMSC-026.