Rule 28-202 Judicial proceedings; excusals, recusals and withdrawals.
ARTICLE 2 Membership, Powers and Duties
Rule Text
A. Recusal. A commissioner shall disclose to the commission any professional or personal relationship with a judge that may affect an unbiased evaluation of the judge including any litigation involving the judge and any family or business relationship with the judge.
No attorney shall request that a judge be recused from hearing a case in which an attorney has entered an appearance solely on the basis that the attorney is a present or past member of the commission.
B. Recusal of judge. A judge may not file a recusal in a judicial proceeding solely on the basis that an attorney, party, or witness appearing in the proceeding is a past or present member of the commission.
C. Withdrawal. An attorney who is serving or has served as a member of a commission may not withdraw nor be requested to withdraw from any judicial proceeding solely on the basis that the attorney has served or is serving on the commission, nor should a judge grant an attorney’s request to withdraw from a case solely on the basis that an attorney, party, or witness is serving as a commissioner.
D. Peremptory challenge; disqualification. Nothing in these rules shall prevent or prohibit
(1) any party or attorney from exercising a peremptory election to excuse a judge pursuant to Rule 1-088.1 NMRA or Rule 5-106 NMRA; or
(2) the disqualification of a judge pursuant to Rule 21-400 NMRA of the Code of Judicial Conduct.
Amendment history: Approved, effective February 25, 2002; as amended by Supreme Court Order No. 10-8300-002, effective February 24, 2010.