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Judicial Standards Commission

NMSA 1978 ch. 34, art. 10
in effect

NMSA 1978, § 34-10-1 Judicial standards commission; selection; terms

34-10-1. Judicial standards commission; selection; terms The judicial standards commission consists of thirteen positions: A. positions 1 through 5, position 10 and position 12, each of which shall be filled by a person who is a qualified elector of this state, who is not a justice, judge or magistrate of any court and who is not licensed to practice law in this state. The governor shall fill each of these positions by appointment of qualified persons. Following initial terms specified in this subsection, these positions shall be filled in the same manner by qualified persons who serve for five years or less, in such manner that at least one term expires on June 30 each year, and so that not more than three of the seven positions are occupied by persons from the same political party. The initial terms for positions 1 through 5 begin on July 1, 1968. The initial term for position 10 begins on July 1, 1999, and the initial term for position 12 begins on July 1, 2013. The terms expire as follows: (1) position 1 on June 30, 1969; (2) position 2 on June 30, 1970; (3) position 3 on June 30, 1971; (4) position 4 on June 30, 1972; (5) position 5 on June 30, 1973; (6) position 10 on June 30, 2004; and (7) position 12 on June 30, 2018; B. positions 6 and 7, each of which shall be filled by a person who is licensed to practice law in this state. These positions shall be filled by appointment of qualified persons by majority vote of all members of the board of commissioners of the state bar of New Mexico, but no member of the board of commissioners shall be appointed. Following initial terms specified in this subsection, these positions shall be filled in the same manner by qualified persons who serve for four years or less, in such manner that one of the terms expires on June 30 of each even-numbered year. Initial terms begin on July 1, 1968 and expire as follows: (1) position 6 on June 30, 1970; and (2) position 7 on June 30, 1972; and C. positions 8 and 9, each of which shall be filled by a person who is a justice of the supreme court or a judge of the court of appeals or district court; position 11, which shall be filled by a person who is a magistrate court judge; and position 13, which shall be filled by a person who is a municipal judge. These positions shall be filled by appointment of qualified persons by the supreme court. Following initial terms specified in this subsection, these positions shall be filled in the same manner by qualified persons who serve for four years or less, in such manner that at least one of the terms expires on June 30 of each odd-numbered year. The initial terms for positions 8 and 9 begin on July 1, 1968. The initial term for position 11 begins on July 1, 1999. The initial term for position 13 begins on July 1, 2013. The terms expire as follows: (1) position 8 on June 30, 1971; (2) position 9 on June 30, 1973; (3) position 11 on June 30, 2003; and (4) position 13 on June 30, 2017. 1953 Comp., § 16-8-1, enacted by Laws 1968, ch. 48, § 1; 1999, ch. 109, § 1; 2013, ch. 154, § 1.

NMSA 1978, § 34-10-2 Judicial standards commission; vacancies

34-10-2. Judicial standards commission; vacancies Whenever any member of the judicial standards commission dies, resigns or no longer has the qualifications required for his original selection, his position on the commission becomes vacant. The remaining members of the commission shall certify the existence of the vacancy to the original appointing authority for the vacant position, which authority shall select a successor in the same manner as the original selection was made. 1953 Comp., § 16-8-2, enacted by Laws 1968, ch. 48, § 2.

NMSA 1978, § 34-10-2.1 Judicial standards commission; duties; subpoena power

34-10-2.1. Judicial standards commission; duties; subpoena power A. Pursuant to the judicial standards commission's authority granted by Article 6, Section 32 of the constitution of New Mexico, any justice, judge or magistrate of any court may be disciplined or removed for willful misconduct in office, persistent failure or inability to perform the judge's duties or habitual intemperance, or may be retired for a disability that seriously interferes with the performance of the justice's, judge's or magistrate's duties and that is, or is likely to become, of a permanent character. B. The judicial standards commission shall: (1) investigate all charges, complaints and allegations as to a justice's, judge's or magistrate's willful misconduct in office, persistent failure or inability to perform official duties or habitual intemperance, if the commission deems necessary, and hold a hearing on the charges, complaints or allegations concerning the discipline or removal of that judicial officer; (2) investigate and, if the commission deems necessary, hold hearings on any charge, complaint or allegation that a justice, judge or magistrate has suffered a disability that is seriously interfering with the performance of that judicial officer's duties and that is, or is likely to become, of a permanent character; (3) if the commission deems it necessary or convenient, appoint three masters, who are justices or judges of courts of record, to hear and take evidence in any matter arising under Paragraph (1) or (2) of this subsection who shall report their findings to the commission; and (4) after a hearing deemed necessary pursuant to Paragraph (2) of this subsection or after considering the record and the findings and report of the masters, if the commission finds good cause, recommend to the supreme court the discipline, removal or retirement of the justice, judge or magistrate. C. In any investigation or hearing held under the provisions of this section, the commission may administer oaths and, with the concurrence of a majority of the members of the commission, petition a district court to subpoena witnesses, compel their attendance and examine them under oath or affirmation and require the production of any books, records, documents or other evidence it may deem relevant or material to an investigation upon a showing of probable cause. 1953 Comp., § 16-8-2.1, enacted by Laws 1977, ch. 289, § 1; 2019, ch. 86, § 36; 2023, ch. 116, § 1.

NMSA 1978, § 34-10-3 Judicial standards commission; executive director

34-10-3. Judicial standards commission; executive director The judicial standards commission shall employ an executive director. 1953 Comp., § 16-8-3, enacted by Laws 1974, ch. 4, § 1.

NMSA 1978, § 34-10-4 Judicial standards commission; director's duties

34-10-4. Judicial standards commission; director's duties The executive director of the judicial standards commission shall: A. perform, or cause to be performed, all investigations as may be deemed necessary or desirable by the commission or masters appointed by the commission; B. enter into such contracts as may be necessary to carry out the responsibilities of the commission; C. hire such other personnel as may be necessary to carry out the responsibilities of the commission; and D. perform such other duties as may be delegated to him by the commission. 1953 Comp., § 16-8-4, enacted by Laws 1974, ch. 4, § 2.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18534/index.doFetched: 10/20/2026

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