Rule jsc-36. Recommendations for discipline, removal, or retirement.

A. Recommendations. Following a stipulation between the parties or a hearing on the merits and a finding of good cause, the Commission may recommend to the Supreme Court the discipline, removal, or retirement of a judge. B. Factors for recommending discipline, removal, or retirement. The Commission shall consider the following non-exclusive factors among other information when recommending discipline, removal, or retirement of a judge. (1) The extent of the misconduct. (a) Whether it is an isolated incident or a pattern of misconduct. (b) Whether there are multiple offenses. (2) The nature of the misconduct. (a) Whether the misconduct occurred during performance of the judge’s official duties or in the judge’s private life. (b) Whether the misconduct occurred in or out of the courtroom, the judge’s chambers, or on court property. (c) Whether the judge exploited the judicial position to satisfy personal desires. (d) Whether the misconduct involved criminal acts or acts of dishonesty. (3) The judge’s conduct in regard to the proceedings before the Commission. (a) Whether the judge expressed remorse for the misconduct and made an effort to change the conduct. (b) Whether the judge ceased the misconduct. (c) Whether the judge cooperated with the Commission, including whether the judge was truthful in communications with the Commission and with investigative trial counsel and staff. (4) The judge’s record of prior discipline and, if relevant, non-disciplinary disposition of prior allegations or formal charges. (5) The judge’s reputation. (6) The effect the misconduct has had, or will likely have, on the integrity of the judiciary and public respect therefore. (7) Such other factors as are relevant to the recommendation for discipline, removal, or retirement. C. Discipline. Recommendations for discipline of a judge may include: (1) Suspension. (2) Limitations or conditions on the performance of judicial duties. (3) Appropriate training at the judge’s expense. (4) Professional counseling, mentorship, or other assistance for the judge at the judge’s expense. (5) Public censure to be published in the New Mexico Bar Bulletin or other appropriate publication. (6) Fine. (7) Any other discipline appropriate to the conduct either stipulated to have occurred or found, at a hearing on the merits, to have occurred. (8) Any combination of the above. D. Removal or retirement. Recommendations may include removal or retirement of the judge. E. Basis for petition. The petition to the Supreme Court for approval of the Commission’s recommendations for discipline, removal, or retirement of a judge, if based on a stipulation, shall comply with Rule 34(A) and, if based on a hearing on the merits, shall comply with Rule 37(A) and (B). F. Petition for immediate temporary suspension and other interim relief. A petition to the Supreme Court for approval of the Commission’s recommendations for discipline, removal, or retirement of a judge may, if appropriate, be filed with a request for immediate temporary suspension or other interim relief as set forth in Rule 24, above.