Rule Text
A full-time judge shall not practice law unless with the written approval of the Supreme Court while on unpaid leave. A judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge’s family, but is prohibited from serving as the family member’s lawyer in any forum.
Amendment history: Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012; as amended by Supreme Court Order No. 15-8300-013, effective December 31, 2015. Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012; as amended by Supreme Court Order No. 15-8300-013, effective December 31, 2015; as amended by Supreme Court Order No. S-1-RCR-2024-00073, effective August 23, 2024.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
A full-time judge cannot work as a lawyer while serving on the bench. The only exception is if the judge takes unpaid leave and gets written permission from the Supreme Court to practice law during that time.
Judges are allowed to represent themselves in legal matters. They can also help family members informally by giving legal advice or helping write and review documents, and they don't need to charge for this help. However, a judge cannot act as a family member's actual lawyer in court or in any other formal legal setting.
Committee Notes
Committee commentary. —
[1] A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge must not use the prestige of office to advance the judge’s personal or family interests. See Rule 21-103 NMRA.
[2] A part-time judge is not required to comply with Rule 21-310 NMRA but is prohibited from practicing law in the court on which the judge serves and from acting as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. See Rule 21-004 NMRA.
[3] Court attorneys are permitted to provide pro bono legal services if the services are consistent with any rules or policies set forth by the Supreme Court and do not violate any restriction prohibiting them from engaging in the outside practice of law. Full-time justices, judges, hearing officers, and special commissioners are prohibited from providing pro bono legal services. See Rule 21-310 NMRA; Rule 21-004(C) NMRA.
