N.M. Code. Jud. Cond. 21-302
A judge shall not appear voluntarily at a public hearing before, or otherwise consult with, an executive or a legislative body or official, except:
N.M. Code. Jud. Cond. 21-302
Committee commentary. -
[1] Judges possess special expertise in the legal system and the administration of justice, and may properly share that expertise with governmental bodies and executive or legislative branch officials. Judges shall not, however, testify about substantive legal issues that may come before them for decision.
[2] For example, it may be necessary for the Chief Justice or judges who have budgetary responsibilities for the courts to provide testimony about budgetary or administrative matters. A judge's participation in such settings is not prohibited by this rule. In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 21-103 NMRA, prohibiting judges from using the prestige of office to advance their own or others' interests, Rule 21-210 NMRA, governing public comment on pending and impending matters, and Rule 21-301(C) NMRA, prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.
[3] In general, it would appear to be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office.
[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. JUDICIAL REPRIMANDS Control of an organization that appeared before the judge. - Where a judge had de facto control over a non-profit organization that regularly engaged in proceedings before the judge; the judge personally selected the majority of the board of directors and caused the hiring and firing of directors; the judge's spouse served as executive director; and the judge allowed the judge's spouse to use the judge's chambers and telephone and the judge's name, title, official stationary, and photograph to be used in solicitation of funds for the organization, the judge's conduct constituted willful misconduct in office. In re Castellano, 1995-NMSC-007, 119 N.M. 140, 889 P.2d 175 (decided prior to the 2011 recompilation).