Rule jsc-15 NMRA
Rule jsc-15. Commencement of proceedings.
A. Docket. A complaint shall be docketed which shall commence a proceeding
before the Commission.
B. Initial actions. The executive director shall conduct an investigation of the
allegations of a complaint, or of other information upon which a complaint could be
based, or recommend dismissal to the Commission.
C. Notice of investigation. Upon finding that the investigation of a complaint is
substantially complete and that there is sufficient evidence to require a judge to respond
to the allegations of a complaint, the Commission may issue a notice of investigation.
D. Notice of formal proceedings. Upon finding that good cause may exist to
recommend to the Supreme Court the discipline, removal, or retirement of a judge, the
Commission may issue a notice of formal proceedings.
E. Interim actions. At any time during the pendency of a proceeding, the
Commission may take interim actions as set forth in Article 3, Rules 23, 24 and 25,
below.
F. Dismissal. At any time during the pendency of a proceeding, the Commission
may dismiss the action as set forth in Article 6, Rules 33, 34, 35 and 36, below.
G. Report to the Commission.
(1)
Before issuance of a notice of formal proceedings. After docketing a
complaint and until issuance of a notice of formal proceedings, investigative trial
counsel shall report to the Commission at each regular meeting on the progress of an
investigation and the response to a notice of investigation. The Commission may
monitor reports, direct the nature and extent of the investigation, or dispose of the
complaint as set forth in Article 6, below.
(2)
After issuance of a notice of formal proceedings. After issuance of a
notice of formal proceedings, investigative trial counsel shall only report to the
Commission at each regular meeting that the proceedings continue and shall inform the
Commission of the date of an expected hearing on the merits.
H. The judge may be represented by counsel throughout these proceedings. The
judge shall be responsible for any fees and costs associated therewith.