N.M. Jud. Standards Comm'n Rule 19

Following a judge’s response to a notice of investigation, the Commission shall invite

the judge to a conference with the Commission, except as set forth below.

A. Purpose. The purpose of the conference with the Commission shall be to

give the judge an opportunity to discuss and explain to the Commission the response to a notice

of investigation, to give the Commission an opportunity to ask the judge questions and further

discuss the allegations and the judge’s response, and to explore options for early disposition.

B. Consent. No conference with the judge and the Commission will be held

without the judge’s consent. The judge shall respond to an invitation to a conference with the

Commission either accepting or declining the invitation, within fifteen (15) days of service of

thereof.

C. In-Person Participation. Participation of the judge in a conference with the

Commission shall be in person.

D. Closed Conference. The conference shall not be open to the public.

E. Confidential. The conference is confidential as set forth in Rule 6, above, and

pursuant to the Constitution Article VI, Section 32.

F. Schedule. The conference with the Commission will be at a regularly

scheduled meeting of the Commission.

G. Presiding Officer. A presiding officer shall preside over the conference with

the Commission. If no presiding officer has been appointed, the chair shall appoint one for the

conference.

H. No Oath. The judge shall not be placed under oath.

I. Role of Investigative Trial Counsel. Investigative trial counsel shall be present

for the conference. The presiding officer may request investigative trial counsel make a brief

statement of the allegations of the notice of investigation. Investigative trial counsel may

continue to be present, but shall not otherwise participate in the discussions or ask questions

unless the Commission permits.

J. Right to Terminate. The judge or the Commission may terminate the

conference at any time.

K. Failure to Participate, Not Failure to Cooperate. If a judge does not consent

to a conference with the Commission or, during participation in a conference with the

Commission, terminates the conference, it shall not be deemed a failure to cooperate with the

Commission and shall not be a violation of Rule 11 or the Code, Rule 21-216.

L. Use of Disclosed Facts. Facts disclosed by a judge in a conference with the

Commission may be used in further proceedings before the Commission and may be, if

otherwise admissible, admitted at a hearing on the merits or in any other evidentiary hearing

before the Commission.

M. No Invitation to Conference with the Commission. No invitation to participate

in a conference with the Commission shall be made to the judge if:

(1) Following the judge’s response to a notice of investigation the

Commission dismisses the complaint.

(2) In lieu of a notice of investigation, the Commission issues a notice of

formal proceedings.

(3) Along with the notice of investigation, the Commission authorizes a

petition to the Supreme Court for an order of immediate, temporary suspension.

N. Conference with Third Party Complainant. The Commission may request that a

third party complainant participate in a conference with the Commission. If the third party

complainant consents, the conference shall be conducted according to this rule. The judge does

not have the right to be present during a conference with the Commission with a third party

complainant.

O. Record. The Commission shall record all conferences conducted pursuant to this

Rule. Copies of such recordings shall be released to the parties upon service of a Notice of

Formal Proceedings. No other recordings shall be made.

P. Further Commission Actions. Following a conference with the

Commission with either a judge or a third party complainant, the Commission shall take the

matter under advisement and then shall discuss and vote on further action as part of a

continuation of that meeting.