Rule jsc-2. Definitions.

As used in these rules: A. “Chair” means a Governor-appointed member of the Commission who is elected by a majority of members. B. “Code” means the Code of Judicial Conduct, Rule 21-001, et seq. NMRA. C. “Commission” means the New Mexico Judicial Standards Commission, an independent administrative body of the judicial branch of government, as provided by Article VI, Section 32 of the New Mexico Constitution and by Section 34-10-1, et seq. NMSA and any amendments. D. “Complaint” means a statement of allegation(s) and any evidence submitted therewith alleging grounds for discipline, removal, or retirement of a judge for violations of the Code or for any other grounds as provided in the New Mexico Constitution. A complaint may be: (1) “Third party complaint:” a complaint in substantially the form authorized by the Commission, made by a person or legal entity who is not a member of the Commission or an employee of the Commission. (2) “General counsel complaint:” a complaint docketed by the executive director based upon information other than a third-party complaint or upon information received from a third party that does not comply with the requirements to be a third- party complaint. (3) “Commission complaint:” a complaint made by the Commission upon its own motion. E. “Docket,” “docketing,” or “docketed” means that an inquiry number has been assigned to the complaint. F. “Executive Director” means the executive director employed by the Commission as authorized by Section 34-10-4 NMSA who also acts as general counsel. G. “Hearing on the merits” means a hearing, as provided in Article VI, Section 32 of the Constitution, held to determine if there are grounds for discipline, removal, or retirement of a judge and, if so, to make recommendations to the Supreme Court. H. “Investigative trial counsel” means attorney employees or contractors of the Commission who investigate complaints and other information coming to the Commission, make recommendations to the Commission for disposition of complaints, and prosecute charges against judges brought by the Commission to final disposition. I. “Judge” means any full or part-time justice, judge, or magistrate of any New Mexico court as provided in the Constitution. In the appropriate context, “judge” may mean the judge or the judge’s attorney. J. “Majority of members” means a majority of members of the Commission as provided by the Constitution, the Statutes, and any amendments regardless of whether such authorized positions are filled. K. “Masters” means justices or judges of courts of record, either sitting or who have retired therefrom in good standing, appointed by the Commission as authorized by Section 34-10-2.1A(3) NMSA. L. “Member” or “members” means a member or members of the Commission appointed as provided in the Constitution, the Statutes, and any amendments. M. “Notice of formal proceedings” means a notice, issued by the Commission, based upon a complaint and served upon a judge, that the Commission has authorized charges on specific allegations contained in the notice that could result in discipline, removal, or retirement of the judge and which requires a response from the judge. N. “Notice of investigation” means a notice, issued by the Commission, based upon a complaint and served upon a judge, that the Commission has found that an investigation into allegations contained in a complaint requires a response from the judge. O. “Oath” means a declaration, in a form approved by the Commission, required to be taken by each witness before testifying in any proceeding before the Commission or before testifying in any deposition authorized by these rules. P. “Presiding officer” means a member who is a judge or a lawyer appointed by the chair to preside over a proceeding, or part of a proceeding, coming before the Commission. Q. “Quorum” means a majority of members meeting in person or by any other means authorized by the Commission. R. “Record” means a record of a meeting or any other proceeding of the Commission, or any deposition taken as authorized by these rules, which is recorded in a manner authorized by the Commission, including all pleadings, exhibits or attachments. S. “Record of Proceedings” means a record of any Commission proceeding that complies with 27-302 NMRA. T. “Vice-Chair” means a Governor-appointed member of the Commission who is elected by a majority of members. U. Conventions of Use – As used in these rules: (1) All terms defined in Rule 2 shall have the meanings set forth therein whenever used in these rules. (2) “May” is permissive; “shall” is mandatory. (3) References to “the Constitution,” “the Statutes,” “NMSA,” “NMRA,” and any of the various “rules” cited herein shall refer to the Constitution of the State of New Mexico, the New Mexico Statutes Annotated, and the New Mexico Rules Annotated as amended.