Summary
The New Mexico Supreme Court publicly censured Magistrate Judge James Naranjo for making an ex parte telephone call to another judge seeking favorable bond or release treatment for his stepson. The Court held that the conduct violated multiple provisions of the New Mexico Code of Judicial Conduct and constituted willful misconduct in office. The Court imposed a ninety-day suspension with sixty days deferred, subject to completion of specified educational, mentorship, and probationary conditions.
Holdings
- A judge's conscious ex parte effort to obtain favorable treatment for a relative violates the Code of Judicial Conduct provisions concerning external influences on judicial conduct, ex parte communications, abuse of the prestige of judicial office, character vouching, and statements that may interfere with a fair hearing.
- Respondent's deliberate judge-to-judge ex parte call to influence the assigned judge's decision concerning his stepson constituted willful misconduct in office.
- The Court accepted the stipulated agreement and imposed public censure, a ninety-day suspension without pay with sixty days deferred subject to compliance with all agreement terms, an ethics course, and formal mentorship with supervised probation.
Questions Presented
- Whether Respondent's ex parte telephone call to the judge assigned to his stepson's case violated the New Mexico Code of Judicial Conduct.
- Whether Respondent's conduct constituted willful misconduct in office.
- Whether the stipulated disciplinary agreement and proposed sanctions should be accepted and imposed.
Disposition
other
Cases Cited (7)
- In re Martinez, 99 N.M. 198, 656 P.2d 861 (1982)(followed)
- In re Ramirez, 2006-NMSC-021, 139 N.M. 529, 135 P.3d 230(followed)
- In re Larsen, 616 A.2d 529 (Pa. 1992)(followed)
- In re Marek, 609 N.E.2d 419 (Ind. 1993)(followed)
- In re Garza, 2007-NMSC-028, 141 N.M. 831, 161 P.3d 876(followed)
- In re Maestas, No. 27,348 (N.M. Sup. Ct. Mar. 5, 2002)(followed)
- In re Gentry, No. 28,986 (N.M. Sup. Ct. July 29, 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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