Rule 21-214 NMRA
Rule 21-214. Disability and impairment.
A. A judge who has a reasonable belief that the performance of a lawyer or another
judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition,
shall take appropriate action, which may include a confidential referral to the Lawyer’s
Assistance Committee of the State Bar, Alcoholics Anonymous, Narcotics Anonymous,
or other support group recognized by the New Mexico Disciplinary Board or the New
Mexico Judicial Standards Commission.
B. Notwithstanding the provisions of Paragraph A of this rule, 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.
C. Any judge who has specific, objective, and articulable facts, or reasonable
inferences that can be drawn from those facts, that a judge has engaged in the
misconduct described in Paragraph B of this rule shall report those facts to the New
Mexico Judicial Standards Commission. Reports of such misconduct shall include the
following information:
(1)
the name of the person filing the report;
(2)
the address and telephone number where the person may be contacted;
(3)
a detailed description of the alleged misconduct; and
(4)
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.