In Re Vincent

143 N.M. 56 (2007)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D publicly endorsed Bill Standley for reelection as mayor of Farmington, New Mexico. D authorized the use of his name for an endorsement that was published in a local Farmington newspaper. The endorsement does not explicitly identify D as a magistrate court judge but only as a judge. In New Mexico, magistrate court judges are selected in partisan elections conducted every four years. D was not running for reelection at the time he publically endorsed the mayor. P alleged that D violated two provisions of the Code of Judicial Conduct. Involved are Rule 21-200(B) NMRA ('A judge shall not lend the prestige of judicial office to advance the private interest of the judge or others') and Rule 21-700(A)(3)(b) NMRA ('A judge shall not . . . publicly endorse or publicly oppose a candidate for public office through the news media or in campaign literature[.]'). D contests the imposition of any discipline on the grounds that his conduct is constitutionally protected free speech.