Advisory Opinions
Code of Judicial Conduct Advisory Opinions
Advisory Committee
Since 1986, the Supreme Court-appointed Advisory Committee on the Code of Judicial Conduct has responded to inquiries from judges seeking guidance on judicial ethics questions such as personal business dealings, political activities, acceptance of gifts, charitable work, and teaching and writing.
Open the Word version of the new 2012 Code of Judicial Conduct (effective January 1, 2012).
View the previous 1995 Code of Judicial Conduct (as amended).
Advisory Opinion Letters
The Committee responds to judicial inquiries in the form of advisory opinion letters. JEC has compiled scanned copies of all advisory opinions since 1991.
Advisory opinions are numbered by year of issuance followed by sequence of issuance, e.g. 11-01 represents the first opinion issued in 2011. They are indexed below by number, topic, date, Code section, and summary. Click on a heading to change the order of the list.
NOTE ON CHANGES IN THE CODE:
Starting in 2012, advisory opinions are based on the new 2012 Code of Judicial Conduct adopted by the New Mexico Supreme Court effective January 1, 2012. The 2012 Code is structured into four canons rather than the previous five, resulting in a completely different numbering structure. The Code section in the chart below refers to the 2012 Code for all letters dated 2012 and beyond. Be sure to check the provisions of the 2012 Code and consult the parallel tables for references to the corresponding previous rules.
From 1995-2011, advisory opinions were based on the previous 1995 Code of Judicial Conduct, as amended.
Prior to 1995, advisory opinions were based on the pre-1995 Code of Judicial Conduct.
| Number | Topic | Date | Code | Summary |
|---|---|---|---|---|
| 13-02 | Business Conflict | Feb 14, 2013 | 21-301 | Part-time probate judge's election as trustee of private, non-profit electric co-op. |
| 13-01 | Business Conflict | Jan 07, 2013 | 21-211, 21-311 | New judge transferring former law practice (pending contingent fees and judgments, disqualification, etc.). |
| 12-14 | Business Conflict | Dec 03, 2012 | 21-102 | New judge closing former law practice (pending fees, transfer of cases, client notifications, etc.). |
| 12-13 | Law Enforcement Education | Dec 03, 2012 | 21-301 | Judge's participation in mock trial to train law enforcement officers. |
| 12-12 | Extra-Judicial Activity, Non-Profit Organization | Nov 15, 2012 | 21-301, 21-307(A) | Judge serving on board of directors of non-profit organization. |
| 12-11 | Publishing | Nov 05, 2012 | 21-301 | Judge's authorship of autobiographical book for sale. |
| 12-10 | Outside Employment, Volunteer Service | Oct 22, 2012 | 21-301, 21-304 | Part-time judge's employment or volunteer service with government entity. |
| 12-09 | Business Conflict | Oct 02, 2012 | 21-311(B) | Judge's participation in non-commercial limited liability corporation. |
| 12-08 | Campaign Fundraising | Aug 02, 2012 | 21-402(E) | Invitation to fundraiser by judge's campaign committee suggesting campaign donation. |
| 12-05 | Outside Employment | Jun 19, 2012 | 21-301, 21-312 | Judge serving as paid sports referee. |
| 12-07 | Politics | Jun 19, 2012 | 21-402 | Judicial candidate inviting political party central committee to candidate's home. |
| 12-06 | Reference Letter | Jun 19, 2012 | 21-103 | Judge writing reference letter for public defender applicant. |
| 12-04 | Charitable Donations | Apr 30, 2012 | 21-102, 21-103 | Request to municipal judge to require Crime Stoppers donation as condition of deferred sentence. |
| 12-03 | Endorsements, Knowledge of atty supporters | Feb 20, 2012 | 21-402 | Interpretation of Rule 21-402, Comment 17, concerning a judicial candidate not soliciting endorsements or being informed of the identity of attorney supporters. |
| 12-02 | Charitable Activity | Feb 07, 2012 | 21-307(A) | 2012 Code permits judge to perform and serve as talent judge at fundraiser for indigent legal services (supersedes Advisory Opinion 08-04). |
| 12-01 | Public Education | Jan 03, 2012 | 21-314 | Speaking and accepting expense reimbursement at national bail bondsmen conference. |
| 11-04 | Politics | Dec 20, 2011 | 21-800(C) | Acceptance of unsolicited campaign endorsements |
| 11-03 | Business Conflict | Sep 21, 2011 | 21-500(D) | Judge's spouse bidding at public foreclosure sale ordered by another judge from same court |
| 11-02 | Recusal | Aug 24, 2011 | 21-400(A) | Recusal from criminal cases where judge's husband is state police official |
| 11-01 | Multiple Judgeships | Feb 09, 2011 | 21-500 | Service by retired pro tem magistrate judge as alternate municipal judge |
| 10-09 | Prestige of Office | Nov 29, 2010 | 21-200 | Limitations on recruting judicial colleagues to attend Red Mass |
| 10-08 | Outside Employment | Oct 08, 2010 | 21-500(B) | Judge facilitating drug and alcohol classes in schools for stipend paid by DWI Fees |
| 10-07 | Recusal | Jul 19, 2010 | 21-400 | Participation in criminal cases involving sheriff’s office in which judge’s son-in-law serves |
| 10-06 | Conflict of Interest | Jul 19, 2010 | 21-500 | Propriety of salary of new judicial position being paid through contribution from county |
| 10-05 | Business Conflict | Apr 21, 2010 | 21-200(B) | Rental of retail space by court to an attorney |
| 10-04 | Volunteer Service | Apr 14, 2010 | 21-500 | Judge as officer in national association of drug court professionals |
| 10-03 | Politics | Mar 15, 2010 | 21-800(C) | Requirement for campaign committee in retention election where no expenditures planned |
| 10-02 | Politics | Mar 05, 2010 | 21-800(C) | Requirement for campaign committee if judge finances own campaign |
| 10-01 | Volunteer Service | Feb 17, 2010 | 21-500(C) | Probate judge's service on Border Health Commission |
| 09-05 | Publishing | Nov 03, 2009 | 21-500(B) | Judge's poetry book acceptable, subject to avoiding judge's use of title to promote it |
| 09-04 | Recusal | Nov 03, 2009 | 21-400(A) | Judge must recuse from cases under responsibility of husband, a state police captain |
| 09-03 | Personal Conflict | Oct 15, 2009 | 21-200(A) | Judicial Education Center may support municipal judges educational travel expenses from municipal court fees |
| 09-02 | Politics | Apr 27, 2009 | 21-700(A) | Judge may not be a delegate to state political party convention |
| 09-01 | Publishing | Jan 23, 2009 | 21-500(B) | Judge may write article for national magazine on gay rights |
| 08-06 | Public Education | Sep 02, 2008 | 21-500(B) | Judge advised not to present at educational program limited to defense bar |
| 08-05 | Hiring Conflict | Jul 01, 2008 | 21-400(A) | Appellate judge may hire law clerk serving on county planning commission and hear cases from county, subject to limitations |
| 08-04 | Volunteer Service | May 19, 2008 | 21-500(C) | Judge may not donate services for charity fundraisers where his identity is known (superseded by Advisory Opinion 12-02) |
| 08-03 | Recusal | Feb 25, 2008 | 21-400(A) | Judge need not recuse from case if lawsuit filed against him by one of the parties is a sham |
| 08-02 | Recusal | Feb 25, 2008 | 21-400(A) | Judge need not recuse solely because of prior contempt ruling against counsel |
| 08-01 | Politics | Feb 18, 2008 | 21-700(A) | Judge may speak publicly against proposal to require law licenses for municipal judges |
| 07-11 | Outside Employment | Oct 23, 2007 | 21-500 | Judge may host bilingual radio music program, subject to restrictions of code. |
| 07-10 | Law Practice | Aug 16, 2007 | 21-500(G) | Judge familiar with court's technology program may appear for court as party in mediation over dispute with provider. |
| 07-09 | Volunteer Service | Aug 16, 2007 | 21-500(C) | Judge should not serve on board of nonprofit organization that contracts with County to serve public hospital that is likely to appear frequently before judge. |
| 07-08 | Endorsements | Jul 24, 2007 | 21-500(C) | Family court judge should ask nonprofit organization serving family court litigants to remove his name from letterhead as founding director. |
| 07-07 | Recusal | Jun 04, 2007 | 21-400(A) | Judge need not recuse when former judge on same court appears as counsel. |
| 07-06 | Business Conflict | Apr 27, 2007 | 21-500(D) | Hearing officer may sell home to attorney with outside financing (see No. 06-06). |
| 07-05 | Attorney Conflict | Apr 19, 2007 | 21-200(A) | Judge need not recuse on request by former law partner in a domestic relations case, when sufficient time has passed and judge has issued multiple rulings |
| 07-04 | Recusal | Apr 02, 2007 | 21-500(A) | Judge should recuse in every criminal case when spouse is chief deputy district attorney for district: remittal not adequate |
| 07-03 | Politics | Feb 08, 2007 | 21-200(A) | Once assuming judicial position, probate judge must resign from elected seat on public community college board of trustees |
| 07-02 | Business Conflict | Jan 23, 2007 | 21-500(H) | Part-time probate judge may accept position as police chief for small town, under conditions to avoid conflicts interfering with performance of judicial duties |
| 07-01 | Business Conflict | Jan 17, 2007 | 21-500(D) | Judge may sell private attorney the judge’s phone listing from the judge’s former solo law practice, subject to conditions to avoid appearance of exploiting judicial position for private benefit |
| 06-06 | Business Conflict | Dec 14, 2006 | 21-500(D) | Hearing officer should not enter into real estate contract for sale of home to attorney who appears in front of him |
| 06-05 | Politics | Sep 11, 2006 | 21-800(D), 21-800(E) | Magistrate candidate who becomes unopposed after primary election may continue campaign fundraising to retire primary campaign debts |
| 06-04 | Charitable Activity, Prestige of Office | Aug 22, 2006 | 21-200, 21-500 | Part-time municipal judge may not assume fundraising role as head of non-profit organization; judge should avoid appearance of impropriety in deciding whether to attend seminar taught by defense lawyer |
| 06-03 | Recusal | Jun 16, 2006 | 21-400(A) | Municipal judge not required to recuse from prosecutions filed by office of city attorney solely by virtue of having filed civil suit naming city attorney as party, where suit sought to resolve city’s responsibility to indemnify judge |
| 06-02 | Volunteer Service | May 01, 2006 | 21-500(A), 21-500(C) | Judge may conditionally serve on Death Review Team |
| 06-01 | Business Conflict | Feb 24, 2006 | 21-200(A), 21-500(H) | Director of agency funded from court fees may serve as alternate municipal judge |
| 05-05 | Public Education | Aug 24, 2005 | 21-500(B) | Teaching evidence law for legal assistants program |
| 05-04 | Business Conflict | Jul 07, 2005 | 21-500 | Renting warehouse to drug task force |
| 05-03 | Reference Letter | Jun 01, 2005 | 21-500(B) | Judge may submit reference letter for colleague to nominating commission |
| 05-01 | Outside Employment | Feb 07, 2005 | 21-500(I) | Full-time magistrate serving as tribal judge |
| 05-02 | Volunteer Service | Feb 01, 2005 | 21-200(B), 21-500(C), 21-700(A) | Service on public library board and endorsing bond issue |
| 04-07 | Volunteer Service | Dec 08, 2004 | 21-500(C), 21-901 | Part-time municipal judge serving on municipal committee |
| 04-06 | Recusal | Nov 04, 2004 | 21-100, 21-200(A) | Judge's voluntary suspension pending criminal investigation of shooting in self-defense |
| 04-05 | Politics | Sep 09, 2004 | 21-700(B) | Though judicial condidates may express positions on policy issues, they are still subject to constraints |
| 04-04 | Volunteer Service | Jul 26, 2004 | 21-200(B), 21-500(C) | Participation in a "dunk-a-judge" event |
| 04-03 | Memberships | May 26, 2004 | 21-200(C) | Membership in male-only social organization |
| 04-01 | Ex Parte Communication | Apr 22, 2004 | 21-300(B) | Water adjudication judges on Court-appointed committee developing model procedures should avoid hearing comment from non-judicial members on pending procedural matters |
| 04-02 | Attorney Conflict | Mar 30, 2004 | 21-200 | Attorney representing police seeking appointment as alternate municipal judge |
| 03-02 | Endorsements | Oct 08, 2003 | 21-200(B), 21-500 | Presenting public television program during fundraiser |
| 03-01 | Business Conflict | Jul 31, 2003 | 21-200(A) | Referring defendants to DWI class run by judge’s court administrator |
| 02-09 | Volunteer Service | Oct 09, 2002 | 21-500(C) | Serving as director of foundation created through litigation |
| 02-08 | Politics | Sep 20, 2002 | 21-700 | Providing photo of retention candidate to political party |
| 02-07 | Public Education | Sep 10, 2002 | 21-500(B) | Teaching business law class |
| 02-05 | Volunteer Service | Sep 10, 2002 | 21-500 | Serving on DWI Advisory Council |
| 02-06 | Volunteer Service | Aug 29, 2002 | 21-500(A) | Serving on various boards & committees |
| 02-03 | Volunteer Service | Jul 17, 2002 | 21-500(A) | Serving as statistician for sports team |
| 02-3 | Business Conflict | Apr 22, 2002 | 21-200, 21-500(I), 21-901 | Pro tem judge acting as investigator; recommending pardon |
| 02-02 | Politics | Apr 03, 2002 | 21-700 | Campaigning in primary though unopposed |
| 02-04 | Public Education | Apr 03, 2002 | 21-500(B) | Newspaper articles on municipal court |
| 01-10 | Politics | Mar 04, 2002 | 21-700, 21-901 | Municipal judge running for non-judicial office |
| 02-01 | Politics | Feb 19, 2002 | 21-700 | Using “judge” in campaign ad for different court |
| 01-09 | Attorney Conflict | Jan 22, 2002 | 21-500(D) | Financing sale of building to attorney |
| 01-08 | Public Education | Nov 29, 2001 | 21-500(A), 21-600(A), 21-600(B) | Teaching juvenile justice class; compensation |
| 01-07 | Outside Employment | Oct 18, 2001 | 21-500(I) | Serving as tribal court judge |
| 01-05 | Public Education | Aug 15, 2001 | 21-200, 21-500(D) | Probate judge taking payment to write newspaper column |
| 04-19 | Business Conflict | Apr 19, 2001 | 21-400, 21-500 | Renting office space to counselors who take court referrals |
| 01-04 | Business Conflict | Apr 19, 2001 | 21-200(B), 21-400(A), 21-500(D) | Renting offices to counselors and instructors receiving referrals from court |
| 01-03 | Business Conflict | Apr 09, 2001 | 21-500 | Filing bankruptcy |
| 01-02 | Volunteer Service | Feb 28, 2001 | 21-500 | Service on CASA advisory board |
| 01-01 | Politics | Feb 14, 2001 | 21-800(E) | Post election fundraising: unpaid campaign debts |
| 00-01 | Funds Management | Jun 30, 2000 | 21-200, 21-500 | Disbursing unclaimed litigation funds post election |
| 99-07 | Politics | Jul 22, 1999 | 21-700 | Using “retain” in campaign literature: appointed judge |
| 99-09 | Outside Employment | Jul 22, 1999 | 21-500, 21-901 | Part-time Municipal judge working for government agency |
| 99-08 | Business Conflict | Jul 22, 1999 | 21-200, 21-500(D) | Bidding on courthouse construction |
| 99-06 | Politics | Jun 23, 1999 | 21-200, 21-300 | Bailiff as county commissioner |
| 99-05 | Volunteer Service | Apr 27, 1999 | 21-200, 21-400, 21-500 | Sitting on case where organization judge belongs to files amicus brief |
| 99-04 | Politics | Apr 12, 1999 | 21-300, 21-700, 21-901 | Political activity by judicial staff attorney |
| 99-03 | Volunteer Service | Mar 05, 1999 | 21-500(C) | Serving on foundation board; fundraising |
| 99-02 | Volunteer Service | Mar 04, 1999 | 21-500(A) | Serving as member of community board |
| 99-01 | Business Conflict | Jan 13, 1999 | 21-400, 21-500(A) | Conducting various outside businesses through spouse |
| 98-05 | Volunteer Service | Sep 17, 1998 | 21-500(C) | Serving on board of community corporation |
| 98-04 | Attorney Conflict | Sep 01, 1998 | 21-500 | Sharing expenses of airplane with attorney |
| 98-03 | Spouse's Employment | May 13, 1998 | 21-400 | Spouse as probation officer; remittal |
| 98-01 | Politics | Feb 20, 1998 | 21-500, 21-901 | Fundraising by non-incumbent judicial candidate |
| 98-02 | Broadcasting | Feb 20, 1998 | None | Permitting radio broadcast from Municipal courtroom |
| 97-08 | Recusal | Dec 29, 1997 | 21-200, 21-400(A) | Former associate or former election opponent appearing before judge |
| 97-07 | Business Conflict | Aug 20, 1997 | 21-500(D) | Sale of property to contractor bidding on court building |
| 97-06 | Attorney Conflict | Apr 30, 1997 | 21-500(D) | Renting office to attorneys |
| 97-05 | Public Education | Apr 08, 1997 | 21-300(B), 21-500(B) | Submitting newspaper articles |
| 97-04 | Endorsements | Mar 19, 1997 | 21-200(B) | Appearing on video endorsing TV network |
| 97-03 | Outside Employment, Volunteer Service | Mar 06, 1997 | 21-500(C), 21-901(C) | (1) Fundraising advice; (2) Representing another judge in court |
| 97-01 | Hiring Conflict | Jan 30, 1997 | 21-200(B), 21-500(C) | Interviewing probation officer and detention coordinator candidates |
| 97-02 | Spouse's Employment | Jan 21, 1997 | 21-200(B), 21-400(A) | Spouse serving as public defender |
| 96-07 | Politics | Jun 24, 1996 | 21-700(A), 21-700(F) | Attending national political party convention |
| 96-08 | Volunteer Service | Jun 19, 1996 | 21-500(C) | Serving on community college board |
| 96-06 | Volunteer Service | May 29, 1996 | 21-500(C) | Serving on CASA Board (hearing officer) |
| 96-05 | Public Education | May 13, 1996 | 21-300(B), 21-500(B) | Educational programming in column or talk radio |
| 96-04 | Outside Employment | May 06, 1996 | 21-500(I) | Serving as pro tem tribal court judge |
| 96-03 | Politics | Apr 24, 1996 | 21-700(C) | Running for legislature; resignation |
| 96-02 | Politics | Feb 22, 1996 | 21-700 | Permissible campaigning for spouse |
| 96-01 | Politics | Jan 26, 1996 | 21-700 | Signing or circulating nominating petition for judicial candidate |
| 95-04 | Attorney Conflict | Jul 27, 1995 | 21-400(A) | Hearing cases of former law partner |
| 95-03 | Endorsements | Jul 27, 1995 | 21-200(B) | Allowing photographer to display courts photo in studio |
| 95-02 | Volunteer Service | May 01, 1995 | 21-500(C) | Serving on board of victim support organization |
| 95-01 | Outside Employment | Jan 19, 1995 | 21-500(I) | Municipal judge working for county sheriff |
| 94-06 | Outside Employment | Aug 30, 1994 | 21-200, 21-300 | Law clerk serving on case involving future employer (decided under pre-1995 Code) |
| 94-05 | Testimonials | Aug 26, 1994 | 21-500(D) | Public testimonial to retired judge from former litigant (decided under pre-1995 Code) |
| 94-04 | Politics | May 06, 1994 | 21-200 | Court reporter chairing county political party (decided under pre-1995 Code) |
| 92-05 | Politics | Dec 08, 1992 | 21-200, 21-500 | Candidates: Photos in robes; use of “judge” in literature; Judge holding office in county political party (decided under pre-1995 Code) |
| 92-03 | Politics | Aug 01, 1992 | 21-700(C) | Candidates: photos in robes; use of term “judge” in literature (decided under pre-1995 Code) |
| 91-02 | Politics | Jun 04, 1991 | 21-300 | Announcing DWI sentencing policy in advance (decided under pre-1995 Code) |
| 91-01 | Spouse's Employment | May 06, 1991 | 21-200, 21-400 | Judge’s spouse becomes public defender (decided under pre-1995 Code) |