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In re Vincent

Supreme Court of New Mexico

143 N.M. 56 (2007)

Relevant factsFree

Magistrate Judge William Vincent Jr. (defendant) publicly endorsed Bill Standley for mayor in a local newspaper, listing his name as a supporter without noting his judicial position. New Mexico's Judicial Standards Commission sought discipline against Judge Vincent under Rule 21-700(A)(3)(b) of the Code of Judicial Conduct — the 'endorsement clause,' which bars judges from publicly endorsing or opposing candidates for public office. Judge Vincent admitted making the endorsement but argued it was protected free speech under the First Amendment and that the endorsement clause was unconstitutional.

IssueFree

Whether, under the endorsement clause of the code of judicial conduct, a judge may publicly endorse or oppose a political candidate.

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