Rule 21-302 Appearance before governmental bodies and consultation with government officials.

Committee commentary. —

[1] Judges possess special expertise in the legal system and the administration of justice, and may properly share that expertise with governmental bodies and executive or legislative branch officials. Judges shall not, however, testify about substantive legal issues that may come before them for decision.

[2] For example, it may be necessary for the Chief Justice or judges who have budgetary responsibilities for the courts to provide testimony about budgetary or administrative matters. A judge’s participation in such settings is not prohibited by this rule. In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 21-103 NMRA, prohibiting judges from using the prestige of office to advance their own or others’ interests, Rule 21-210 NMRA, governing public comment on pending and impending matters, and Rule 21-301(C) NMRA, prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality.

[3] In general, it would appear to be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office.