2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 10 - Judicial Standards Commission › Section 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.
History:
1953 Comp., § 16-8-2.1, enacted by Laws 1977, ch. 289, § 1; 2019, ch. 86, § 36; 2023, ch. 116, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, limited the judicial standards commission oversight to matters involving the conduct or character of justices, judges or magistrates; in Subsection A, deleted "The judicial standards commission is granted the same authority to regulate the conduct and character of court-appointed commissioners, hearing officers, administrative law judges or special masters while acting in a judicial capacity."; and in Subsection B, in the introductory clause, deleted "With respect to the officials listed in Subsection A of this section", in Paragraph B(1), after "allegations as to", added "a justice's, judge's or magistrate's", and after "removal of", deleted "the official" and added "that judicial officer", in Paragraph B(2), after "complaint or allegation that", deleted "an official listed in Subsection A of this section" and added "a justice, judge or magistrate", and in Paragraph B(4), after "retirement of the", deleted "official" and added "justice, judge or magistrate".
The 2019 amendment,
effective January 1, 2020, provided that the same authority granted to the judicial standards commission under the New Mexico constitution is also granted to the judicial standards commission to regulate conduct and character of court-appointed commissioners, hearing officers, administrative law judges or special masters while acting in a judicial capacity, and provided the judicial standards commission with additional investigative duties; added a new Subsection A and redesignated former Subsections A and B as Subsections B and C, respectively; in Subsection B, added "With respect to the officials listed in Subsection A of this section", in Paragraph B(1), after "inability to perform", deleted "a judge's" and added "official", after "habitual intemperance", deleted "of any justice, judge or magistrate of any court, and when" and added "if", and after "discipline or removal of", deleted "such judicial officer" and added "the official", in Paragraph B(2), after "allegation that", deleted "a justice, judge or magistrate" and added "an official listed in Subsection A of this section", in Paragraph B(4), after "finds good cause,", deleted "it shall", and after "removal or retirement of the", deleted "justice, judge or magistrate" and added "official"; and in Subsection C, after "the commission", deleted "shall have the power to" and added "may".
Legislation expanding judicial standards commission's jurisdiction is likely unconstitutional.
— N.M. Const., Art. VI, § 32 authorized the judicial standards commission (commission) to investigate and to recommend discipline, removal or retirement of a justice, judge or magistrate; the functions of the commission are judicial functions, and the New Mexico Constitution does not provide a grant of authority to the legislature regarding the commission's jurisdiction. Accordingly, the 2019 amendments to 34-10-2.1(A) NMSA 1978, expanding the jurisdiction of the commission beyond justices, judges and magistrates, is an impermissible encroachment upon the independent and co-equal judicial branch, and is therefore likely unconstitutional.
Constitutionality of Certain Provisions in Senate Bill 668, Passed During the 2019 Regular Session
(11/30/20), Att'y Gen. Adv. Ltr. 2020-10.