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1-100. Purpose
Many judges take the bench without having read the Code of Judicial Conduct, and some may
not read it afterwards. The Judicial Education Center has designed this judicial handbook
to give the concepts contained in the Code a practical context in which judges, especially
non-lawyer judges in the courts of limited jurisdiction, can deal with ethical issues
as they arise in everyday life. The courts of limited jurisdiction play a critical role
in maintaining the credibility of the courts because it is there that most people encounter
the judicial system. We hope this guide will help judges remain involved in their communities
while maintaining the integrity and independence of their offices. The discussion in
this judicial handbook presumes that most ethical violations by judges result from inadequate
information or failure to ask necessary questions, and not from any actual intent to
engage in misconduct.
1-200. Scope
This is a handbook, designed to make practical information available quickly and easily.
It is designed to complement already available materials, such as the New
Mexico Municipal Benchbook and the New Mexico Magistrate and
Metropolitan Court Benchbook. The discussion
is organized under general topics, encompassing a range of situations in which ethical
issues arise. Every situation will not be relevant for every judge--for example, issues
relating to ex parte communications between a judge and jurors is not an issue for municipal
judges--but it is hoped that by illustrating various applications of the rules the judicial
handbook will enhance each judge's understanding of his or her specific role.
1-300. Format
A judicial handbook, as distinguished from a benchbook, is not intended as an exhaustive
treatment of its subject. The discussions of ethical issues in this judicial handbook
are presented in the form of an expanded outline, in order to cover as much ground as
possible within limited space. Checklists are included as procedural aids for most topics.
It has been necessary to paraphrase facts and holdings of cases, as well as the substance
of rules and statutes. The last word on the subject is, of course, the original text.
Each topic is addressed in a brief introductory section followed by a discussion of the
substantive law and authorities, organized under subtopics. Factual summaries of cases
are included in many instances to illustrate the principle or problem in question. A checklist
precedes each discussion, including references to the corresponding discussion in the text.
The materials are presented in loose-leaf form, so that each judge may annotate, amplify,
expand or otherwise tailor these materials to meet his or her specific need.
The New Mexico Supreme Court has adopted a policy of gender neutrality in all documents.
We have chosen to alternate use of the terms "he", "she," "him" and "her," unless
the stated facts require a particular reference.
1-400. Authorities
The authorities cited include the New Mexico Constitution, the New Mexico Statutes Annotated,
and court rules, including the Code of Judicial Conduct, in effect at the time of writing.
These authorities are legally binding in New Mexico. Excerpts from the annual reports
of the Judicial Standards Commission are also included, as well as summaries of the Advisory
Committee on the Code of Judicial Conduct. These opinions do not have the force of law
because the Supreme Court has ultimate authority over the conduct of judges; however,
they are highly persuasive statements of the ethical standards applicable to judges in
New Mexico.
The judicial handbook also includes factual summaries of cases from other states, which
are useful illustrations of how generally accepted ethical principles have been applied.
The consequences of the conduct described could be different in New Mexico.
1-500. Citations and References
Citations to legal authorities use the most concise style possible while still providing
adequate reference information. In general, citation use the following forms:
- New Mexico
Constitution. Provisions of the New Mexico Constitution are cited by Article, in Roman
numerals, followed by the section, marked by a "§" sign.
For example, N.M. Const. art. VI, §32.
- New Mexico laws. Statutes are cited as §__-__-__, such as §66-8-135,
without NMSA 1978 or the year of enactment. Unless otherwise noted, the statutes cited
are the statutes in effect at the time of writing.
- New Mexico cases. Where available, New Mexico cases are cited using
the vendor-neutral citation form adopted in 1998, such as 1998-NMCA-039, where the first
number is the year of decision and the second number is the opinion number. In this form,
cases from the New Mexico Supreme Court will be cited to NMSC and cases to the New Mexico
Court of Appeals will be cited to NMCA. Where there is no vendor-neutral citation, citations
will be to the New Mexico Reports and Pacific Reporter.
For example, State
v. Lucero,
104 N.M. 587, 725 P.2d 266 (Ct. App. 1986) gives the name of the parties, the volume
number and page of the New Mexico reports, the volume number and page of the Pacific
Second Reporter, followed by the deciding court and date in parenthesis. If no court
is identified, the deciding court is the New Mexico Supreme Court.
- Other state appellate decisions. These decisions are cited according to the
regional reporter in which they appear: i.e., Northwest (N.W.), Southern (So. 2d),
in the same form as for New Mexico decisions.
- United States Supreme Court. U.S. Supreme Court decisions are cited by volume
and page to the United States Reports: ___ U.S. __ (19__).
- New Mexico Attorney General opinions. N.M. Att'y Gen. Op. 90-03 (1990) indicates
the third opinion issued in 1990.
- Judicial Standards Commission. Actions of the Judicial Standards Commission are
cited by reference to the Commission's annual reports. JSC 89-2F means the second matter
reported under formal proceedings in the 1989 annual report. JSC 89-3I means the third
entry in the 1989 annual report under the category of “Investigations Not Resulting
In Formal Hearings.” Rules of the Commission are cited as JSC Rule 20.
- Advisory Committee. Opinions issued by the Supreme Court Advisory Committee
on the Code of Judicial Conduct are in the form AO 90-3, indicating the opinion was the
third issued by the Committee in 1990.
- Code of Judicial Conduct. References to "the Code" are to the New Mexico
Code of Judicial Conduct, which is cited in the form NMRA 21-100. The "1972 Model
Code" means the Model Code of Judicial Conduct adopted in 1972 by the American Bar
Association. The newest version of the ABA code is referred to as the "1990 Code." The "1990
Code" has been adopted, with substantial modifications, by the New Mexico Supreme
Court, effective February 16, 1995. Sometimes reference is made to a "Canon," which
is the designation used by the ABA for separate provisions of the 1972 and 1990 Model
Codes. "Canon
3A" is comparable to New Mexico NMRA 21-300A.
- Other New Mexico Supreme Court rules. The Code is part of the Supreme Court's
rules governing courts. These rules are cited as NMRA __-___ or Rule __-___, such as
NMRA 6-106, indicating reference to rule 106 in set 6 of the New Mexico Rules Annotated.
Unless otherwise noted, the rules cited are the rules in effect at the time of writing.
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