Rule 21-315. Extrajudicial compensation, expense reimbursement, and reporting.

A. Compensation and reimbursement. A judge may receive compensation and reimbursement of expenses for extrajudicial activities permitted by this Code, unless such acceptance would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality. B. Extrajudicial compensation. (1) Extrajudicial compensation is the consideration received for services rendered by a judge to a person, firm, corporation, or association other than the salary, benefits, and perquisites of office provided to the judge for the performance of official judicial duties. (2) Extrajudicial compensation does not include (a) interest, dividends, rents, royalties, working interests, proceeds of or profits from the sale or exchange of assets; (b) compensation or income earned prior to entering judicial service, including fees, salary, benefits, perquisites, disability benefits, or retirement benefits; (c) reimbursement of expenses incurred prior to entering judicial service; or (d) compensation or income of a spouse or domestic partner attributed to the judge by operation of community property or other law. (3) Extrajudicial compensation should not exceed a reasonable amount for the activities performed, and should not exceed what a person who is not a judge would receive for the same activity. (4) A judge shall publicly report extrajudicial compensation received. C. Expense reimbursement. A judge shall publicly report reimbursement of expenses and waiver of fees or charges permitted by Rule 21-314 NMRA, unless the amount of reimbursement or waiver, alone or in the aggregate with other reimbursements or waivers received from the same source in the same calendar year, does not exceed five hundred dollars ($500.00). Any payment in excess of actual cost is extrajudicial compensation subject to the requirements of this rule. Reimbursement of expenses and waiver of fees or charges, when provided by a governmental entity or entity primarily funded by state or federal funds in connection with judicial education and training, are neither extrajudicial compensation nor subject to the requirements of this rule. D. Public reports. In addition to all other reports required by law, a judge should report the date, place, and nature of any activity for which the judge received extrajudicial compensation or expense reimbursement as defined in this rule, including the name of the payor and the amount, or character and value, of extrajudicial compensation or expense reimbursement so received. The judge’s report shall be filed annually as a public document in the office of the clerk of the court on which the judge serves or other office designated by law, and, when technically feasible, posted by the court or office personnel on the court’s website.