About Us
Mission Statement
The New Mexico Judicial Standards Commission is the ethics commission for the judicial branch of state government established in 1968 by constitutional amendment. Article VI, Section 32 of the New Mexico Constitution and New Mexico Statues Annotated §§34-10-1, et seq., authorizes the Judicial Standards Commission to investigate matters of judicial misconduct and disabilities seriously interfering with the performance of judicial duties, which is or likely to become permanent in nature of any justice, judge, or magistrate of New Mexico’s state courts.
Commission proceedings provide a fair and proper means to preserve the public’s confidence in the judiciary and to preserve the integrity, independence and impartiality of all New Mexico judges. The Commission does not discipline judges. The New Mexico Supreme Court is the only institution vested with the authority to discipline, retire or remove a judge.
The Commission’s jurisdiction extends over complaints made against all justices and judges within the Judicial Branch of New Mexico State Government including the Supreme Court, Court of Appeals, district courts, metropolitan court, magistrate courts, municipal courts and probate courts. The Commission conducts investigations into all complaints to determine an appropriate disposition which could include dismissal, confidential informal dispositions, hearings on the merits, order medical or psychological examinations, petition the New Mexico Supreme Court for the temporary suspension of a judge, or recommend formal discipline, retirement, or removal of a judge to the Supreme Court.
The Commission has no jurisdiction over attorneys, federal judges, administrative judges, hearing officers, special masters, or any judges or hearing officers of another branch of New Mexico State Government.
The Commission is not an appellate court. The Commission cannot change a judge assigned to a case, cannot change a judge’s decision or order on any matter, cannot intervene in a case on behalf of a party, and cannot otherwise affect an ongoing court case or appeal. The filing of a complaint with the Commission does not by itself require a judge to recuse or disqualify from an underlying court case. The Commission and its staff cannot give you any legal advice or opinions and cannot respond to requests for information about your complaint or any proceeding before it.
Confidentiality
Article VI, Section 32 of the New Mexico Constitution mandates that “[a]ll papers filed with, and all matters before, the Commission are confidential. The filing of papers and giving of testimony before the commission or its masters is privileged in any action for defamation, except that the record filed by the commission in the supreme court continues privileged but, upon its filing, loses its confidential character, and a writing which was privileged prior to its filing with the commission or its masters does not lose its privilege by the filing.” Confidentiality requirements do not apply to third-party complainants.
The Supreme Court’s files and hearings are accessible to the public, subject to the rules and orders of the Court.
A complainant’s name may be disclosed to the judge who is the subject of the complaint. A complainant may be called to participate and/or testify in Commission proceedings.
Commission staff cannot respond to requests for information regarding a complaint or any other proceeding before the Commission. However, a complainant will receive written notice of the ultimate outcome of the complaint, subject to the limits of confidentiality.
Disclaimer
The New Mexico Judicial Standards Commission does not provide legal advice, advisory opinions, or explain court or general legal procedures other than the Commission’s process. Your legal questions should be reviewed with an attorney or through your own research.
Although some of the information contained on this web site addresses legal matters relating to disciplinary proceedings, it is only intended to assist the public in obtaining a general understanding of the judicial disciplinary process. The underlying facts concerning every grievance are different, and the material contained on this web site is not intended to be used to definitively assess a judge’s conduct.
This web site contains links to other web sites. The Commission does not assume any responsibility for the content found on those sites.