N.M. Code. Jud. Cond. 21-310
A full-time judge shall not practice law unless with the written approval of the Supreme Court while on unpaid leave. A judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge's family, but is prohibited from serving as the family member's lawyer in any forum.
N.M. Code. Jud. Cond. 21-310
Committee commentary. -
[1] A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge must not use the prestige of office to advance the judge's personal or family interests. See Rule 21-103 NMRA.
[2] A part-time judge is not required to comply with Rule 21-310 NMRA but is prohibited from practicing law in the court on which the judge serves and from acting as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. See Rule 21-004 NMRA.
[3] Court attorneys are permitted to provide pro bono legal services if the services are consistent with any rules or policies set forth by the Supreme Court and do not violate any restriction prohibiting them from engaging in the outside practice of law. Full-time justices, judges, hearing officers, and special commissioners are prohibited from providing pro bono legal services. See Rule 21-310 NMRA; Rule 21-004(C) NMRA.
[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012; as amended by Supreme Court Order No. 15-8300-013, effective December 31, 2015; as amended by Supreme Court Order No. S-1-RCR-2024-00073, effective August 23, 2024.]
ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-013, effective December 31, 2015, in the first sentence, after "A", added "full-time"; and added Paragraph [2] of the committee commentary. 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. Pro se appearance as a party defendant did not constitute the practice of law. - A state court judge's pro se appearance as a party defendant in a law suit pending before the federal district court did not constitute the practice of law. United States v. Martinez, 1984-NMSC-072, 101 N.M. 423, 684 P.2d 509 (decided prior to the 2011 recompilation).