Social, Civic, & Charitable Activities - Ex. 2

The four-member bench of the 15^th Judicial District is quite an active one. Because of their articulate styles, commitment to the public interest, and demonstrated leadership abilities, they are called upon to perform many public services off the bench.

Do any of these services place the judge in jeopardy under the Code of Judicial Conduct?

1. Judge A is asked to serve on a city zoning commission.

Not allowed. Judge A must decline the invitation to serve on the zoning commission under NMRA 21-500 (C) (2). Under that provision, a judge may not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice.

2. Judge B is asked to serve on the board of a public junior college.

Not allowed. Since the public school is a governmental entity, the judge must decline the invitation to serve on its board pursuant to 21-500 (C) (2). Under that provision, a judge may not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice.

3. Judge C is asked to serve on the board of a private college.

Allowed. While the judge could not serve on a public school board, a governmental entity, under NMRA 21-500 (C) (2), that provision does not bar the judge’s service on a private school board. Any such service is subject to the restrictions in NMRA 21-500 (C) (3).

4. Judge D is asked to address the county commission on the need to build a new courthouse.

Allowed. Although NMRA 21-500 (C) (1) prohibits the judge from appearing at governmental public hearings, she may do so on matters concerning the law, the judiciary or matters relating to the judiciary or which affect the interests of the judiciary, the legal system or the administration of justice. In this case, the construction of a new courthouse clearly falls within the allowed exception.