N.M. Code. Jud. Cond. 21-215

As amended through August 23, 2024

Rule 21-215 - Responding to judicial and lawyer misconduct

A. A judge who knows that another judge has committed a violation of this Code that raises a substantial question regarding the judge's honesty, trustworthiness, or fitness as a judge in other respects shall inform the Judicial Standards Commission.

B. A judge who knows that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question regarding the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the Disciplinary Board.

C. A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code shall take appropriate action.

D. A judge who receives information indicating a substantial likelihood that a lawyer has committed a violations of the Rules of Professional Conduct shall take appropriate action.

N.M. Code. Jud. Cond. 21-215

Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012.

Committee commentary. -

[1] Taking action to address known misconduct is a judge's obligation. Paragraphs (A) and (B) impose an obligation on the judge to report to the appropriate disciplinary authority the known misconduct of another judge or a lawyer that raises a substantial question regarding the honesty, trustworthiness, or fitness of that judge or lawyer. Ignoring or denying known misconduct among one's judicial colleagues or members of the legal profession undermines a judge's responsibility to participate in efforts to ensure public respect for the justice system. This rule limits the reporting obligation to those offenses that an independent judiciary must rigorously endeavor to prevent.

[2] A judge who does not have actual knowledge that another judge or lawyer may have committed misconduct, but receives information indicating a substantial likelihood of such misconduct, is required to take appropriate action under Paragraphs (C) and (D). Appropriate action may include, but is not limited to, communicating with a supervising judge, or reporting the suspected violation to the appropriate authority or other agency or body. Similarly, actions to be taken in response to information indicating that a lawyer committed a violation of the Rules of Professional Conduct may include, but are not limited to, communicating directly with the lawyer who may have committed the violation, or reporting the suspected violation to the appropriate authority or other agency or body.

[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.