Rule 27-401 NMRA

Rule 27-401. Disposition.

Last amended: 2024Year: 2024Length: 321 wordsOfficial source
A. Supreme Court decision. The Supreme Court, in its discretion and under any conditions as it may specify, may: (1) accept, reject or modify any or all of the findings and conclusions of the commission; (2) if the judge is eligible for retirement benefits, order the retirement of the judge; (3) impose the discipline recommended by the commission or any other greater or lesser discipline that it deems appropriate under the circumstances including removal; (4) impose public censure of the judge; (5) impose probation or other conditions as a type of discipline by itself or may defer the effect of the discipline imposed; (6) suspend the judge; (7) remove the judge; or (8) remand the proceedings to the commission for additional evidence. The commission may then affirm or modify its recommendations, and shall file with the Supreme Court as a part of the record any additional evidence, together with the affirmation of, or modifications in, its recommendations. B. Mandate. The Court may dispose of the proceedings by filing an order in the proceedings. The order may be accompanied by a written decision or opinion. The Court may order the publication of its order or other disposition in the Bar Bulletin and New Mexico Appellate Reports, and all formal opinions shall be published in accordance with Paragraph C of Rule 12-405 NMRA. C. Proposed public censures. If the Supreme Court imposes public censure in a proceeding on a decision and recommendation for discipline entered under JSC Rules 32 and 36 NMRA, or if the Supreme Court imposes public censure under Subparagraph (A)(4) of this rule, the commission shall file a proposed public censure to the Supreme Court in accordance with Rule 27-404 NMRA. D. Rehearing. No motion for rehearing or reconsideration shall be permitted. E. Expenses. The Supreme Court in its discretion may direct that the costs of the proceedings be paid by the respondent judge in accordance with Rule 27-403 NMRA.
Rule 27-401 NMRA: Rule 27-401. Disposition. | Justis AI