Rule 16-803. Reporting professional misconduct.

A. Misconduct of other lawyers. A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the New Mexico Disciplinary Board. B. Misconduct of judges. A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the New Mexico Judicial Standards Commission. C. Confidential information. This rule does not require disclosure of information otherwise protected by Rule 16-106 NMRA, or information gained by a lawyer or a judge while participating in the New Mexico Lawyers and Judges Assistance Program, unless the information pertains to those communications requiring disclosure under Paragraph E. D. Cooperation and assistance; required. A lawyer shall give full cooperation and assistance to the Supreme Court and to the New Mexico Disciplinary Board, hearing committees, and disciplinary counsel in discharging the lawyer’s respective functions and duties with respect to discipline and disciplinary procedures. E. Alcohol, drugs, addiction, or other physical or mental health-related disorders exception. The reporting requirements of Paragraphs A and B of this rule do not apply when a lawyer believes a judge or lawyer is impaired due to alcohol or substance abuse, or for mental, emotional, or psychological reasons, if such impairment is reported to the New Mexico Lawyers and Judges Assistance Program. The exception is inapplicable to (1) information required by law to be reported, including information that must be reported under Paragraph G of this rule; (2) threats of future criminal acts or violations of these rules; or (3) disclosures of past criminal acts or violations of these rules that are believed to have resulted in substantial harm to a client. Such information, threats, or disclosures shall be reported to the New Mexico Disciplinary Board or the New Mexico Judicial Standards Commission, even if the impairment is also reported to the New Mexico Lawyers and Judges Assistance Program. Paragraph (E)(3) of this rule does not apply to any communication that is made to, by, or among members or representatives of the New Mexico Lawyers and Judges Assistance Program. F. Immunity. The duties and responsibilities of the Program Manager of the New Mexico Lawyers and Judges Assistance Program, its members of the Board, employees, agents, designees, volunteers, or reporting parties are owed to the Supreme Court and the public in general, not to any individual lawyer or another person. Nothing in this rule is to be construed as creating a civil cause of action against the aforementioned individuals, and they are immune from liability for any omission or conduct in the course of carrying out their official duties and responsibilities or failing to fulfill their duties and responsibilities under this rule. Any person who in good faith reports information in connection with the program is immune from suit for reporting the information. G. Judicial misconduct involving unlawful drugs; reporting requirement. Notwithstanding the provisions of Paragraph E, any incumbent judge who illegally sells, purchases, possesses, or uses drugs or any substance considered unlawful under the provisions of the Controlled Substances Act, shall be subject to discipline under the Code of Judicial Conduct. Any lawyer who has specific objective and articulable facts or reasonable inferences that can be drawn from those facts, that a judge has engaged in such misconduct, shall report those facts to the New Mexico Judicial Standards Commission. Reports of such misconduct shall include the following information: (1) name of person filing the report; (2) address and telephone number where the person may be contacted; (3) a detailed description of the alleged misconduct; (4) dates of the alleged misconduct; and (5) any supporting evidence or material that may be available to the reporting person. The Judicial Standards Commission shall review and evaluate reports of such misconduct to determine if the report warrants further review or investigation.