N.M. Jud. Stand. Comm. R. 35

As amended through August 23, 2024

Rule 35 - Non-disciplinary disposition

At any time in the proceedings after service of a notice of investigation, filing of the judge's response, and an invitation to a conference with the Commission, the Commission may close the proceedings with one or more of the following:

A.Advisory letter. The Commission may issue a letter advising the judge that the matters alleged in a complaint may constitute grounds for discipline, removal, or retirement as follows:

(1) At least fifteen (15) days before the Commission issues an advisory letter, the Commission shall notify the judge of its intent to do so and shall provide the judge with a copy of the proposed advisory letter. The notice shall inform the judge that, if an advisory letter is issued, the advisory letter, the judge's response, and the record of any hearing thereon may be used in a subsequent proceeding pursuant to Rule 32(C)(4), above.

(2) If, within fifteen (15) days of service of notice of intent to issue an advisory letter, the judge does not object in writing to the Commission, the Commission may issue the letter as proposed.

(3) If, within fifteen (15) days of service of notice of intent to issue an advisory letter, the judge objects thereto, the judge may:

(a) File objections to the proposed advisory letter with the Commission in writing;

(b) Request to be heard before the Commission on the objections.

(4) If the judge requests a hearing on objections to an advisory letter:

(a) The Chair shall appoint a presiding officer, who is a District Judge, to conduct the hearing.

(b) The hearing shall be limited to statements of the judge, the judge's counsel and investigative trial counsel, and documents which have been disclosed.

(c) No witnesses will be called.

(d) At the completion of the hearing, the Commission shall take the matter under advisement, shall decide on the objections in closed session, and then announce the decision in the presence of the judge and the investigative trial counsel.

(5) Following a hearing on the judge's objections or receipt of the judge's written objections, the Commission may take any of the following actions:

(a) Issue the advisory letter as proposed.

(b) Modify and issue the advisory letter.

(c) Dismiss the complaint without issuing an advisory letter.

(d) Order additional investigation.

(e) Approve a notice of formal proceedings, if a notice of formal proceedings has not been issued.

(f) Set the complaint for a hearing on the merits, if a notice of formal proceedings has been served upon the judge.

(6) If the Commission issues an advisory letter and the judge has objected, the judge's objections and a record of any hearing held thereon shall be filed with the advisory letter and shall be provided to the Commission in any subsequent proceeding in which the advisory letter is used.

B.Other remedial measures. If the judge stipulates in a writing agreed to by investigative trial counsel and approved by the Commission, the Commission may order the judge to:

(1) Enter a period of mentoring with a mentor assigned by the Commission.

(2) Undertake training assigned by the Commission.

(3) Undergo counseling as assigned by the Commission.

(4) Participate in any other non-disciplinary action agreed to by the Commission and the judge.

(5) Enter a period of probation upon terms set forth by the Commission in conjunction with any of the measures set forth above.

(6) Participate and complete any combination of the above.

(7) Pay any third party costs associated with the stipulated remedial measures.

C.Other non-disciplinary action. The Commission may order any other non-disciplinary action.

N.M. Jud. Stand. Comm. R. 35

Approved, effective May 1, 2010; as amended, effective February 10, 2020.