All Rise

The New Mexico Supreme Court has publicly censured a municipal court judge

A complaint against Judge Rael was filed with the [Judicial Standards] Commission. The Commission’s initial investigation included an informal conference which allowed Judge Rael to personally discuss the allegations with the Commission. The Commission and Judge Rael entered into the Stipulation after that informal conference. As part of the Stipulation, Judge Rael admitted committing willful misconduct based on the following facts:

A. On or about August 25, 2023, Judge Rael abused the prestige of judicial office when he repeatedly invoked his judicial title while speaking to officers who were investigating a car accident in which he was involved specifically referring to himself as “Judge Rael” and stated to officers that he was the judge in Questa.

B. On or about August 25, 2023, Judge Rael failed to follow the law when he admitted to officers investigating the car accident in which he was involved, that he was driving 55 miles per hour in a 45 mile per hour zone. Stipulation at 2.

Judge Rael agrees that the above-listed conduct violates the following Rules of the Code of Judicial Conduct: Rule 21-101 NMRA (requiring compliance with the law), Rule 21-102 NMRA (promoting confidence in the judiciary), and Rule 21-103 NMRA (avoiding abuse of the prestige of judicial office). Judge Rael also agrees that the admitted misconduct in office is sufficient for this Court to impose discipline pursuant to Article VI, Section 32 of the New Mexico Constitution. As discipline, Judge Rael agreed to receive a public censure to be published in the State Bar of New Mexico Bar Bulletin. For the reasons discussed below, we issue this public censure.

The court

Rule 21-103 prohibits judges from “abus[ing] the prestige of judicial office to advance the personal or economic interests of the judge or others.” In particular, the Committee Commentary to Rule 21-103 advises that “it would be improper for a judge to allude to his or her judicial status to gain favorable treatment in encounters with traffic officials.” Judge Rael thus violated Rule 21-103 when he repeatedly referred to himself as a judge, going so far as to say he was the judge in Questa and that he had held that position for twenty-three years.

Sanction

Having considered the stipulated facts, violations of the Code of Judicial Conduct, and the accepted Stipulation, we hereby publicly censure Judge Rael for willfully violating the established rules and standards that govern every New Mexico judge’s conduct. We issue this public censure to ensure the public’s confidence in the integrity, impartiality, and independence of the judiciary and to remind all judges that misconduct that erodes the public’s confidence will not be tolerated

(Mike Frisch)