Rule 21-004. Application.

A. Applicability of this Code. Unless a particular rule provides otherwise, the provisions of this Code apply in their entirety to full-time judges, including justices of the Supreme Court and judges of the Court of Appeals, district courts, metropolitan courts, magistrate courts, municipal courts, and probate courts. The provisions of this Code also apply to elected part-time judges of probate and municipal courts and judges serving by contract or appointment on a part-time basis, except as specifically provided in this rule or another particular rule. Where stated, the Code also applies to judicial candidates. B. Exceptions for part-time judges. (1) An elected part-time probate or municipal judge, or a judge appointed to a vacant seat on a part-time probate or municipal court, (a) is not required to comply with Rules 21-304 (Appointments to governmental positions), 21-308(A) (Appointments to fiduciary positions), 21-309 (Service as arbitrator or mediator), 21-310 (Practice of law), and 21-311(B) (Financial or business activities) NMRA; (b) is not required to comply with Rule 21-315 NMRA (Reporting requirements), unless the extrajudicial compensation, expense reimbursement, or waiver of fees or charges to be reported relates to the judge’s judicial duties; and (c) shall not practice law in the court on which the judge serves, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. (2) Other judges serving by contract or appointment on a part-time basis (a) are not required to comply at any time with Rules 21-304 (Appointments to governmental positions), 21-308(A) (Appointments to fiduciary positions), 21-309 (Service as arbitrator or mediator), 21-310 (Practice of law), and 21-311(B) (Financial or business activities) NMRA; (b) are not required to comply with Rule 21-315 NMRA (Reporting requirements), unless the extrajudicial compensation, expense reimbursement, or waiver of fees or charges to be reported relates to the judge’s judicial duties; (c) are not required to comply, except while serving as a judge, with Rules 21- 302 (Appearances before governmental bodies and consultation with government officials) and 21-401(C)(1) through (4) (Political activity and election for judges generally, and who are not currently running in either a partisan, non-partisan, or retention election) NMRA; and (d) shall not practice law in the court on which the judge serves, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. C. Hearing officers and special commissioners. A child support hearing officer, domestic violence special commissioner, domestic relations hearing officer, children’s court hearing officer, mental health commissioner, or any other hearing officer or commissioner employed by the judicial branch shall comply, as a condition of the person’s employment, with Rules 21-100 to 21-215, 21-300 to 21-311, 21-313, 21-400 to 21-401, 21-403, and 21-405 NMRA. D. Time for compliance. A person to whom this Code becomes applicable shall comply immediately with its provisions, except that those judges to whom Rules 21-308 (Appointments to fiduciary positions) and 21-311 (Financial or business activities) NMRA apply shall comply with those rules as soon as reasonably possible, but in no event later than one year after the Code becomes applicable to the judge.