Rule 28-202. Judicial proceedings; excusals, recusals and withdrawals.

A. Recusal. A commissioner shall disclose to the commission any professional or personal relationship with a judge that may affect an unbiased evaluation of the judge including any litigation involving the judge and any family or business relationship with the judge. No attorney shall request that a judge be recused from hearing a case in which an attorney has entered an appearance solely on the basis that the attorney is a present or past member of the commission. B. Recusal of judge. A judge may not file a recusal in a judicial proceeding solely on the basis that an attorney, party, or witness appearing in the proceeding is a past or present member of the commission. C. Withdrawal. An attorney who is serving or has served as a member of a commission may not withdraw nor be requested to withdraw from any judicial proceeding solely on the basis that the attorney has served or is serving on the commission, nor should a judge grant an attorney’s request to withdraw from a case solely on the basis that an attorney, party, or witness is serving as a commissioner. D. Peremptory challenge; disqualification. Nothing in these rules shall prevent or prohibit (1) any party or attorney from exercising a peremptory election to excuse a judge pursuant to Rule 1-088.1 NMRA or Rule 5-106 NMRA; or (2) the disqualification of a judge pursuant to Rule 21-400 NMRA of the Code of Judicial Conduct.