Rule 27-104 - Filing and serviceA.Filing. Papers required or permitted to be filed in the Supreme Court shall be filed with the clerk. Filing by mail is not complete until actual receipt. Filing by electronic transmission in accordance with Rule 12-307.2 NMRA is mandatory for all attorneys filing papers under these rules except for judges representing themselves in a proceeding under these rules.B.Filing under seal before the conclusion of formal proceedings. To protect the privileged and confidential nature of proceedings that are pending before the Commission as required by Article VI, Section 32 of the New Mexico Constitution, any papers filed in the Supreme Court before the conclusion of formal proceedings in the Commission shall be automatically sealed from public access and shall not be disclosed to anyone other than Court personnel, the parties to the proceeding, and their counsel, without further order of the Court. For purposes of this paragraph, the conclusion of formal proceedings occurs when the Commission holds an evidentiary hearing and issues findings, conclusions, and a recommendation for removal, retirement, or discipline based on that evidence. Accordingly, petitions for temporary suspension and responses filed pursuant to Rule 27-201 NMRA, stipulated petitions for discipline, and any request for interim relief under Paragraph E of Rule 32 of the Judicial Standards Commission Rules filed before conclusion of formal proceedings and submission to the Court of the Commission record pursuant to Article VI, Section 32, are subject to the automatic sealing provisions of this paragraph. The contents, the fact of filing, and any other information about any request for temporary suspension, stipulated discipline, or interim relief shall remain confidential until the Court determines that confidentiality is no longer required and enters an unsealing order on its own initiative or grants a motion to unseal pursuant to Paragraph I of Rule 12-314 NMRA. The Clerk of the Court shall open the case with the Commission's assigned inquiry number as the style of the case and docket pleadings only as sealed pleadings. Any papers filed under the provisions of this paragraph shall be clearly labeled "Filed Under Seal". In the event the Court rejects the stipulated discipline or denies the request for interim relief, the documents under seal shall be returned to the Commission and shall not become public record. Any other requests to seal papers filed with the Court shall be governed by the provisions of Rule 12-314 NMRA of the Rules of Appellate Procedure. Any person or entity who knowingly discloses any material obtained from a court record sealed pursuant to this rule may be held in contempt or subject to other sanctions as the Court deems appropriate. C.Service of all papers required. Copies of all papers filed by any party and not required by these rules to be served by the clerk shall be served by the party on all other parties to the proceeding. Service shall be upon the attorney of record of the party to be served or upon the party if the party has no attorney. Service may be made by either personal service or by mail. Except for service upon a judge who is self-represented, service by electronic transmission is also permitted in accordance with the requirements of Rule 12-307.2 NMRA. Service shall be made at or before the time of filing the paper in the Supreme Court.D.Service on incompetent persons. If there is an issue of the mental competency of a judge who is not represented by counsel, service shall be made upon a guardian ad litem appointed to represent the judge in the proceedings.E.Proof of service. Proof of service, in the form of written acknowledgment of the party to be served or certificate of the clerk of the court or of the attorney making service, or affidavit of any other person, shall state the name and address of counsel on whom service has been made, or the name and address of the party if the party has no attorney. Such proof of service shall be filed with the papers filed or immediately after service is effected.N.M. R. Jud. Stan. Comm. Proc. 27-104
Approved, effective 4/17/1996; as amended by Supreme Court Order No. 09-8300-022, effective 9/4/2009; as amended by Supreme Court Order No. 11-8300-026, effective 5/4/2011; as amended by Supreme Court Order No. 17-8300-004, effective for all cases pending or filed on or after7/1/2017. ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-004, effective for all cases pending or filed on or after July 1, 2017, provided that filing by electronic transmission is mandatory for all attorneys filing papers in judicial standards commission proceedings, with the exception of judges who are self-represented, and allowed service by electronic transmission, with the exception of service upon a judge who is self-represented; in Paragraph A, added the last sentence of the paragraph; and in Paragraph C, added the fourth sentence of the paragraph. The 2011 amendment, approved by Supreme Court Order No. 11-8300-026, effective May 4, 2011, provided that formal proceedings are concluded when a recommendation of removal or retirement is issued; required that stipulated petitions for discipline, request for interim relief, and the commission record be sealed as provided in Paragraph B; provided that the contents, fact of filing, and information about a request for temporary suspension, stipulated discipline, and interim relief is confidential until the court enters an unsealing order; required the clerk of the court to open a case with the assigned inquiry number as the style of the case and docket pleadings only as sealed pleadings; provided that when the court rejects stipulated discipline or denies a request for interim relief, the documents will be returned to the commission under seal and are not a public record; provided that requests for the sealing of documents filed with the court are governed by Rule 12-314 NMRA; and provided that a person who discloses material from sealed records may be held in contempt or be subject to other sanctions. The 2009 amendment, approved by Supreme Court Order No. 09-8300-022, effective September 4, 2009, added Paragraph B.