N.M. Jud. Standards Comm'n Rule 36

RETIREMENT.

A. Recommendations. Following a stipulation between the parties or a hearing on

the merits and a finding of good cause, the Commission may recommend to the Supreme Court

the discipline, removal, or retirement of a judge.

B. Factors for Recommending Discipline, Removal, or Retirement. The

Commission shall consider the following non-exclusive factors among other information when

recommending discipline, removal, or retirement of a judge.

(1) The extent of the misconduct.

(a) Whether it is an isolated incident or a pattern of misconduct.

(b) Whether there are multiple offenses.

(2) The nature of the misconduct.

(a) Whether the misconduct occurred during performance of the

judge’s official duties or in the judge’s private life.

(b) Whether the misconduct occurred in or out of the courtroom, the

judge’s chambers, or on court property.

(c) Whether the judge exploited the judicial position to satisfy

personal desires.

(d) Whether the misconduct involved criminal acts or acts of

dishonesty.

(3) The judge’s conduct in regard to the proceedings before the Commission.

(a) Whether the judge expressed remorse for the misconduct and

made an effort to change the conduct.

(b) Whether the judge ceased the misconduct.

(c) Whether the judge cooperated with the Commission, including

whether the judge was truthful in communications with the Commission and with investigative

trial counsel and staff.

(4) The judge’s record of prior discipline and, if relevant, non-disciplinary

disposition of prior allegations or formal charges.

(5) The judge’s reputation.

(6) The effect the misconduct has had, or will likely have, on the integrity of

the judiciary and public respect therefore.

(7) Such other factors as are relevant to the recommendation for discipline,

removal, or retirement.

C. Discipline. Recommendations for discipline of a judge may include:

(1) Suspension.

(2) Limitations or conditions on the performance of judicial duties.

(3) Appropriate training at the judge’s expense.

(4) Professional counseling, mentorship, or other assistance for the judge at

the judge’s expense.

(5) Public censure to be published in the New Mexico Bar Bulletin or other

appropriate publication.

(6) Fine.

(7) Any other discipline appropriate to the conduct either stipulated to have

occurred or found, at a hearing on the merits, to have occurred.

(8) Any combination of the above.

D. Removal or Retirement. Recommendations may include removal or

retirement of the judge.

E. Basis for Petition. The petition to the Supreme Court for approval of the

Commission’s recommendations for discipline, removal, or retirement of a judge, if based on a

stipulation, shall comply with Rule 34(A) and, if based on a hearing on the merits, shall comply

with Rule 37(A) and (B).

F. Petition for Immediate Temporary Suspension and Other Interim Relief. A

petition to the Supreme Court for approval of the Commission’s recommendations for

discipline, removal, or retirement of a judge may, if appropriate, be filed with a request for

immediate temporary suspension or other interim relief as set forth in Rule 24, above.

SECTION VII. REPORT TO THE SUPREME COURT.