In the Matter of William A. Vincent, Jr.

Summary

The New Mexico Supreme Court considers whether the Code of Judicial Conduct's prohibition on judges publicly endorsing political candidates violates the First Amendment. The court holds that the endorsement clause is constitutional, distinguishes Republican Party of Minnesota v. White, and formally reprimands San Juan County Magistrate Judge William A. Vincent, Jr. for endorsing a mayoral candidate.

Holdings

1. Rule 21-700(A)(3)(b) NMRA, prohibiting a judge from publicly endorsing or opposing a candidate for public office, is constitutional as applied to a sitting judge's public endorsement of another person's political candidacy.
2. Respondent violated Rule 21-700(A)(3)(b) NMRA by publicly endorsing a candidate for public office, and the appropriate disposition is a formal reprimand.

Questions Presented

1. Whether New Mexico's Code of Judicial Conduct prohibition against a judge publicly endorsing or opposing a candidate for public office violates the First Amendment.
2. Whether Respondent's public endorsement violated Rule 21-700(A)(3)(b) NMRA and warranted formal reprimand.
3. Whether Respondent's conduct also violated Rule 21-200(B) NMRA by lending the prestige of judicial office to advance another's private interest.

Disposition

other