Rule 28-204. Sources of information to be used for evaluations.

A. Sources. The commission in evaluating the professional performance of a judge shall rely on the official sources of information set out in Rule 28-301 NMRA. B. Respondent lists. At the request of the commission, the Administrative Office of the Courts shall prepare and make available to the commission the names of the following persons: (1) jurors except jurors in cases with a pending motion for new trial; (2) lawyers; (3) litigants; (4) law enforcement personnel; (5) court staff; (6) other judges serving on the same court or in the same district; (7) quasi-judicial officers serving in the same court; (8) probation officers, social caseworkers, CASA volunteers and other resource individuals who have appeared before the judge or who have provided assistance to the court; (9) judges who have reviewed on appeal the rulings of the judge; (10) law professors; and (11) parties who have appeared before the judge. C. Questionnaires. The commission shall develop questionnaires that will be used to survey such persons as the commission determines to be appropriate who have had sufficient experience with a judge to form an opinion about the performance of a judge, such as (1) jurors except jurors in cases with a pending motion for new trial; (2) lawyers; (3) litigants; (4) law enforcement personnel; (5) court staff; (6) other judges serving on the same court or in the same district; (7) quasi-judicial officers serving in the same court; (8) probation officers, social caseworkers, CASA volunteers and other resource individuals who have appeared before the judge or who have provided assistance to the court; (9) judges who have reviewed on appeal the rulings of the judge; (10) law professors; and (11) parties who have appeared before the judge. D. Survey sample. Surveys shall be done by mail, on-line or by telephone among those persons listed in Paragraph C in sufficient numbers to achieve a statistically valid sample. E. Interviews with judges. The Administrative Office of the Courts shall schedule interview sessions for judges with the commission. All efforts shall be made to accommodate court dockets and calendars of the commission members and the judges; F. Oral interviews. The commission, at its sole discretion, may conduct interviews with persons who have appeared before the judge on a regular basis. The commission shall ensure that the persons interviewed represent a balanced cross-section of persons who have had professional contact with the judge. The judge shall be provided with a written summary of the pertinent information concerning that judge, preserving the confidentiality of the person interviewed while advising the judge of the substance of the interview. G. Courtroom observation. The commission may, at its sole discretion, observe a judge in the performance of duty in the courtroom. No observation may be conducted by fewer than two members of the commission or its agents. H. Statistics. At the request of the commission, information concerning the caseload, excusals and recusals and case types of a judge being evaluated shall be provided to the chair of the commission by the Administrative Office of the Courts.