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NMRA 21-202

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Rule 21-202 Impartiality and fairness.

← Previous Rule 21-201: Giving precedence to the duties of judicial office. Next → Rule 21-203: Bias, prejudice, and harassment.

Rule Text

A judge shall uphold and apply the law and shall perform all duties of judicial office fairly and impartially.

Amendment history: Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012. Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Judges have to follow the law and treat everyone in their courtroom fairly. This means a judge cannot play favorites based on who someone is, who their lawyer is, or what outcome the judge personally wants. Every person who comes before the court, whether rich or poor, well-known or unknown, deserves the same fair treatment.

This rule also means judges cannot let their own opinions or biases change how they apply the law. They need to look at the facts of each case and make decisions based on what the law actually says, not on personal feelings about the people involved or the topic at hand. Even if a judge disagrees with a law, they still have to apply it correctly.

For people going through a court case, this rule is meant to protect you. It means you should expect the judge to listen to both sides equally and make decisions based on evidence and law, not on personal preference. If a judge fails to do this, it can be grounds for complaints or appeals.

Committee Notes

Committee commentary. —

[1] To ensure impartiality and fairness to all parties, a judge must be objective and open-minded.

[2] Although each judge comes to the bench with a unique background and personal philosophy, a judge must interpret and apply the law without regard to whether the judge approves or disapproves of the law in question.

[3] When applying and interpreting the law, a judge sometimes may make good-faith errors of fact or law. Errors of this kind do not violate this rule.

[4] When pro-se litigants appear in court, they should comply with the rules and orders of the court and will not be treated differently from litigants with counsel. It is not a violation of this rule, however, for a judge to make reasonable accommodations to ensure all litigants the opportunity to have their matters fairly heard.

← Previous Rule 21-201: Giving precedence to the duties of judicial office. Next → Rule 21-203: Bias, prejudice, and harassment.

Cross-References

Referenced By (1)

NMRA Rule 21-003

Bluebook Citation

NMRA 21-202

This Rule Set

View All NMRA Rules

Last updated: September 2026

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