Rule 21-308 NMRA
Rule 21-308. Appointments to fiduciary positions.
A. A judge shall not accept appointment to serve in a fiduciary position, such as
executor, administrator, trustee, guardian, attorney in fact, or other personal
representative, except for the estate, trust, or person of a member of the judge’s family,
and then only if such service will not interfere with the proper performance of judicial
duties.
B. A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be
engaged in proceedings that would ordinarily come before the judge, or if the estate,
trust, or ward becomes involved in adversary proceedings in the court on which the
judge serves, or one under its appellate jurisdiction.
C. A judge acting in a fiduciary capacity shall be subject to the same restrictions on
engaging in financial activities that apply to a judge personally.
D. If a person who is serving in a fiduciary position becomes a judge, he or she
must comply with this rule as soon as reasonably practicable, but in no event later than
one year after becoming a judge.