In the Matter of William A. Vincent, Jr.

2007 NMSC 056, 172 P.3d 605, 143 N.M. 56
CourtNew Mexico Supreme Court
DecidedNovember 9, 2007
Docket27,266
StatusPublished
Cited by15 cases

This text of 2007 NMSC 056 (In the Matter of William A. Vincent, Jr.) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of William A. Vincent, Jr., 2007 NMSC 056, 172 P.3d 605, 143 N.M. 56 (N.M. 2007).

Opinion

OPINION AND FORMAL REPRIMAND

PER CURIAM.

{1} This is a Judicial Standards Commission proceeding involving San Juan County Magistrate Judge William A. Vincent, Jr. (Respondent). We are called upon to decide the constitutionality of the prohibition in our Code of Judicial Conduct against the public endorsement of a political candidate by a judge, commonly referred to as an “endorsement clause,” in light of the United States Supreme Court’s opinion in Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002). For the reasons that follow, we conclude that New Mexico’s endorsement clause is constitutional. Accordingly, we adopt the Commission’s recommendation of discipline and issue this formal reprimand.

BACKGROUND

{2} The facts of this case are limited and undisputed. Respondent publicly endorsed Bill Standley for reelection as mayor of Farmington, New Mexico. Specifically, Respondent authorized the use of his name for an endorsement that was published in a local Farmington newspaper. Respondent’s name appears in the endorsement as part of a list of Farmington citizens endorsing Mayor Standley for reelection, but the endorsement does not explicitly identify Respondent as a magistrate court judge. In New Mexico, magistrate court judges are selected in partisan elections conducted every four years. Respondent was not running for reeleetion at the time he publically endorsed the mayor.

{3} The Commission filed a petition for discipline, alleging that Respondent violated two provisions of the Code of Judicial Conduct by publicly endorsing a candidate for mayor in a Farmington newspaper. See 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[.]”). While admitting that he endorsed a candidate for public office, Respondent contests the imposition of any discipline on the grounds that his conduct is constitutionally protected free speech. Although Respondent relies on both the federal and state constitutions, he does not argue that the state constitution grants him greater protection. Accordingly, our analysis in this case is limited to the protections afforded by the United States Constitution. See State v. Walters, 1997-NMCA-013, ¶ 9, 123 N.M. 88, 934 P.2d 282 (limiting analysis to federal constitutional protections where appellant relied on federal law and only made a passing reference to the New Mexico Constitution); see also Maso v. New Mexico Taxation & Revenue Dep’t, 2004-NMSC-028, ¶ 5, 136 N.M. 161, 96 P.3d 286 (finding no reason not to extend interstitial approach beyond the criminal context).

DISCUSSION

{4} By publicly endorsing Mayor Standley for reelection, Respondent’s conduct plainly violated Rule 21-700(A)(3) of the Code of Judicial Conduct, and several courts in other jurisdictions have imposed discipline against judges who have engaged in similar political endorsements in violation of similar ethical prohibitions. See, e.g., In re Glickstein, 620 So.2d 1000 (Fla.1993); Office of Disciplinary Counsel v. Capers, 15 Ohio St.3d 122, 472 N.E.2d 1073 (1984); In re Martin, 315 S.C. 370, 434 S.E.2d 262 (1993). However, those cases specifically addressing violations of similar endorsement clauses were decided prior to the United States Supreme Court’s decision in White. We therefore proceed to consider the impact of White under the circumstances of this case.

{5} In White, the Supreme Court considered whether a Minnesota judicial conduct rule, commonly referred to as an “announce clause,” violated the First Amendment by prohibiting a judicial candidate from announcing his views on disputed legal or political issues. Id. at 768, 122 S.Ct. 2528. In addressing the issue, the Court applied a strict scrutiny analysis, noting that “the announce clause both prohibits speech on the basis of its content and burdens a category of speech that is ‘at the core of our First Amendment freedoms’ — speech about the qualifications of candidates for public office.” Id. at 774, 122 S.Ct. 2528 (quoting Republican Party of Minn. v. Kelly, 247 F.3d 854, 861 (8th Cir.2001)). To survive strict scrutiny, the announce clause must be narrowly tailored to serve a compelling state interest. Id. at 775, 122 S.Ct. 2528. To be narrowly tailored, the announce clause must not “unnecessarily circumscrib[e] protected expression.” Id. (quoting Brown v. Hartlage, 456 U.S. 45, 54, 102 S.Ct. 1523, 71 L.Ed.2d 732 (1982)).

{6} The ostensible compelling state interest identified in White was the preservation of impartiality, and the appearance of impartiality, of the judiciary. Id. To determine whether the announce clause was narrowly tailored to serve that compelling state interest, the Court first sought to define impartiality. Id. In this regard, the Court set forth three different meanings of impartiality: (1) a lack of bias for or against either party to a proceeding; (2) a lack of preconception in favor of or against a particular legal view; or (3) a general open-mindedness to considering views opposed to the judge’s preconceptions. Id. at 775-78, 122 S.Ct. 2528. Without specifically deciding which form of impartiality the announce clause sought to promote, and without specifically deciding whether any particular form of impartiality rose to the level of a compelling state interest, the Court nevertheless concluded that, regardless of the type of impartiality that the announce clause may have been intended to promote, it failed to meet the strict scrutiny standard. Id. at 781, 122 S.Ct. 2528.

{7} While White is widely seen as changing the legal landscape regarding the free speech rights of judges, it is factually distinguishable from this case in two important ways. As noted above, White involved the announce clause, whereas this case involves what is often referred to as an endorsement clause, commonly found in many codes of judicial conduct. See In re Raab, 100 N.Y.2d 305, 763 N.Y.S.2d 213, 793 N.E.2d 1287, 1290 (2003) (distinguishing White because it addressed the announce clause rather than the endorsement clause). In addition, White examined the free speech rights of a judicial candidate involved in his own election, whereas this case involves the free speech rights of a sitting judge to endorse another’s political candidacy. See In re Dunleavy, 838 A.2d 338, 351 (Me.2003) (distinguishing White because the challenged political restrictions in Maine’s judicial conduct code applied to sitting judges as opposed to judicial candidates). For these reasons, we believe White does not apply to the circumstances of this case.

{8} That said, we recognize that there are nevertheless constitutional limits on the regulation of judicial speech. See In re Eastburn, 121 N.M. 531, 538, 914 P.2d 1028, 1035 (1996).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: Mark B. Cohen, J.
Supreme Court of Pennsylvania, 2026
Re Inquiry of a Judge
2019 UT 19 (Utah Supreme Court, 2019)
Rodriguez v. Brand West Dairy
2016 NMSC 029 (New Mexico Supreme Court, 2016)
In Re: Leon A. Kendall v.
712 F.3d 814 (Third Circuit, 2013)
Wersal v. Sexton
613 F.3d 821 (Eighth Circuit, 2010)
Siefert v. Alexander
597 F. Supp. 2d 860 (W.D. Wisconsin, 2009)
Wersal v. Sexton
607 F. Supp. 2d 1012 (D. Minnesota, 2009)
Opinion No.
Texas Attorney General Reports, 2008
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2008

Cite This Page — Counsel Stack

Bluebook (online)
2007 NMSC 056, 172 P.3d 605, 143 N.M. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-william-a-vincent-jr-nm-2007.