N.M. Jud. Standards Comm'n Rule 2

As used in these rules:

A. “Chair” means a Governor-appointed member of the Commission who is elected

by a majority of members.

B. “Code” means the Code of Judicial Conduct, Rule 21-001, et seq. NMRA.

C. “Commission” means the New Mexico Judicial Standards Commission, an

independent administrative body of the judicial branch of government, as provided by Article

VI, Section 32 of the New Mexico Constitution and by Section 34-10-1, et seq. NMSA and any

amendments.

D. “Complaint” means a statement of allegation(s) and any evidence submitted

therewith alleging grounds for discipline, removal, or retirement of a judge for violations of the

Code or for any other grounds as provided in the New Mexico Constitution. A complaint may

be:

(1) “Third party complaint:” a verified (“notarized”) complaint, in

substantially the form authorized by the Commission, made by a person or legal entity who is

not a member of the Commission or an employee of the Commission.

(2) “General counsel complaint:” a complaint docketed by the executive

director based upon information other than a third party complaint or upon information received

from a third party that does not comply with the requirements to be a third party complaint.

(3) “Commission complaint:” a complaint made by the Commission upon its

own motion.

E. “Docket,” “docketing,” or “docketed” means that an inquiry number has been

assigned to the complaint.

F. “Executive Director” means the executive director employed by the Commission

as authorized by Section 34-10-4 NMSA who also acts as general counsel.

G. “Hearing on the merits” means a hearing, as provided in Article VI, Section 32

of the Constitution, held to determine if there are grounds for discipline, removal, or retirement

of a judge and, if so, to make recommendations to the Supreme Court.

H. “Investigative trial counsel” means attorney employees or contractors of the

Commission who investigate complaints and other information coming to the Commission,

make recommendations to the Commission for disposition of complaints, and prosecute charges

against judges brought by the Commission to final disposition.

I. “Judge” means any full or part-time justice, judge, or magistrate of any New

Mexico court as provided in the Constitution. Judge also includes others subject by law to the

Commission’s jurisdiction including court appointed commissioners, hearing officers,

administrative law judges, or special masters while acting in a judicial capacity. In the

appropriate context, “judge” may mean the judge or the judge’s attorney.

J. “Majority of members” means a majority of members of the Commission as

provided by the Constitution, the Statutes, and any amendments regardless of whether such

authorized positions are filled.

K. “Masters” means justices or judges of courts of record, either sitting or who have

retired therefrom in good standing, appointed by the Commission as authorized by Section 34-

10-2.1A(3) NMSA.

L. “Member” or “members” means a member or members of the Commission

appointed as provided in the Constitution, the Statutes, and any amendments.

M. “Notice of formal proceedings” means a notice, issued by the Commission,

based upon a complaint and served upon a judge, that the Commission has authorized charges

on specific allegations contained in the notice that could result in discipline, removal, or

retirement of the judge and which requires a response from the judge.

N. “Notice of investigation” means a notice, issued by the Commission, based upon

a complaint and served upon a judge, that the Commission has found that an investigation into

specific allegations contained in a complaint is substantially complete and which requires a

response from the judge.

O. “Oath” means a declaration, in a form approved by the Commission, required to

be taken by each witness before testifying in any proceeding before the Commission or before

testifying in any deposition authorized by these rules.

P. “Presiding officer” means a member who is a judge or a lawyer appointed by the

chair to preside over a proceeding, or part of a proceeding, coming before the Commission.

Q. “Quorum” means a majority of members meeting in person or by any other

means authorized by the Commission.

R. “Record” means a record of a meeting or any other proceeding of the

Commission, or any deposition taken as authorized by these rules, that is recorded in a manner

authorized by the Commission, including all pleadings, exhibits or attachments.

S. “Record of Proceedings” means a record of any Commission proceeding that

complies with 27-302 NMRA.

T. “Vice-Chair” means a Governor-appointed member of the Commission who is

elected by a majority of members.

U. Conventions of Use – As used in these rules:

(1) All terms defined in Rule 2 shall have the meanings set forth therein

whenever used in these rules.

(2) “May” is permissive; “shall” is mandatory.

(3) References to “the Constitution,” “the Statutes,” “NMSA,” “NMRA,”

and any of the various “rules” cited herein shall refer to the Constitution of the State of New

Mexico, the New Mexico Statutes Annotated, and the New Mexico Rules Annotated as

amended.