N.M. Jud. Standards Comm'n Rule 17

A. Disclosures Made.

(1) Investigative Trial Counsel’s Disclosures. Except as set forth below,

investigative trial counsel shall serve the judge with initial disclosures as follows:

(a) Invitation to Conference with the Commission. If, after a judge’s

response to a notice of investigation is received, and the Commission does not dismiss the

complaint or order additional investigation, then it shall invite the judge to a conference with the

Commission as set forth in Rule 19, and initial disclosures shall be served upon the judge with

the invitation.

(b) Notice of Formal Proceedings in Lieu of Notice of Investigation. If

the Commission, in lieu of a notice of investigation, issues a notice of formal proceedings,

initial disclosures shall be served with the notice of formal proceedings.

(c) Petition for Immediate Temporary Suspension. If the Commission,

along with a notice of investigation or a notice of formal proceedings, also authorizes a petition

to the Supreme Court for an order of immediate temporary suspension, initial disclosures shall

be served upon the judge along with the petition.

(d) No Disclosures. If, following the judge’s response to a notice of

investigation, the Commission dismisses the complaint, no disclosures are required.

(2) Judge’s Disclosures.

(a) If investigative trial counsel’s initial disclosures were served with

an invitation to a conference with the Commission, then the judge’s initial disclosures shall be

due within ten (10) days of such service.

(b) If investigative trial counsel’s initial disclosures were served with

a notice of formal proceedings, then the judge’s initial disclosures shall be due with the judge’s

response to the notice of formal proceedings.

(c) If investigative trial counsel’s initial disclosures were

served with a petition for immediate temporary suspension, then the judge’s initial disclosures

shall be due within twenty-one (21) days of such service.

(d) Upon motion and good cause shown, the time for the judge’s

initial disclosures may be extended.

B. Required Disclosures. The parties shall each provide to the other initial

disclosures containing:

(1) The name, address, telephone number, and other information sufficient to

identify and contact each witness likely to have information relevant to the allegations

contained in a notice of investigation or charges in a notice of formal proceedings and the

defenses thereto along with the subject matter of that information.

(2) All documents, electronically-stored information, and tangible things

relevant to the allegations in the notice of investigation or charges in a notice of formal

proceedings and the defenses thereto. Copies of all documents and electronically-stored

information in the possession or control of the disclosing party shall be provided to the other

party. The location of all documents and electronically-stored information and the location of

tangible things not in the possession and control of the disclosing party shall be disclosed to the

other party.

C. Continuing Obligation. The parties shall have a continuing obligation to

promptly supplement initial disclosures as additional information required by Section A of this

rule becomes known.

D. Privileges and Limitations. Except as otherwise set forth in Rule 23, below,

the privileges set forth in Rule 11-501, et seq. NMRA and the limitations set forth in Rule 1-026

NMRA shall apply to these initial disclosures. Communications between investigative trial

counsel and the Commission are excluded from production under this rule.

E. Third Party Complainant, Third Party Complaint Exempt. A third party

complainant or third party complaint shall not be disclosed and produced by investigative trial

counsel as required by Sections A and B, above; provided, however, that promptly after the

investigative trial counsel determines that a third party complainant may be called as a witness

at a hearing on the merits, disclosures and production shall be made.

F. Delayed Disclosures. Investigative trial counsel may apply to a presiding officer

for an order delaying disclosure of certain information required by Section A, above. The

presiding officer shall issue an order delaying disclosure of certain information upon a

particularized showing of good cause that disclosure at the time required by Rule 17 would

likely impede or imperil the ongoing investigation of the allegations in a notice of investigation

or charges in a notice of formal proceedings. The order shall specify a time for subsequent

disclosure or a time for review of the continuing appropriateness of the order.

G. Notice of Withheld Disclosures.

(1) If investigative trial counsel’s initial disclosures withhold the identity of

the third party complainant and production of the third party complaint, the initial disclosures

shall so state.

(2) If investigative trial counsel’s initial disclosures withhold other

information pursuant to an order of a presiding officer as set forth in Section F, above, the initial

disclosures shall so state and shall instead contain a short and plain statement of the evidence

expected to be adduced from withheld information sufficient to give the judge notice of what is

alleged, but also shielding the protected information.

H. Motion for Disclosures. If either investigative trial counsel or the judge believes

that additional disclosures should be made pursuant to this rule, then a motion shall be filed

requesting such disclosures.