D publicly endorsed Bill Standley for reelection as mayor of Farmington, New Mexico. D authorized the use of his name for an endorsement that was published in a local Farmington newspaper. The endorsement does not explicitly identify D as a magistrate court judge but only as a judge. In New Mexico, magistrate court judges are selected in partisan elections conducted every four years. D was not running for reelection at the time he publically endorsed the mayor. P alleged that D violated two provisions of the Code of Judicial Conduct. Involved are Rule 21-200(B) NMRA ('A judge shall not lend the prestige of judicial office to advance the private interest of the judge or others') and Rule 21-700(A)(3)(b) NMRA ('A judge shall not . . . publicly endorse or publicly oppose a candidate for public office through the news media or in campaign literature[.]'). D contests the imposition of any discipline on the grounds that his conduct is constitutionally protected free speech.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.