AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves Judge Robert M. Schwartz, who initiated a romantic relationship with an assistant public defender appearing in his courtroom, leading to his untimely recusal and dishonest statements from the bench regarding his reasons for recusal. The misconduct occurred after Judge Schwartz invited the assistant public defender to lunch, gave her a gift with sexual innuendo, and failed to recuse himself from her cases in a timely manner, despite recognizing the need to do so (paras 2-10).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Judicial Standards Commission: Argued that Judge Schwartz committed willful judicial misconduct by initiating a romantic relationship with an attorney appearing before him, making dishonest statements about his recusal, and failing to recuse himself in a timely manner (para 1).
• Respondent (Judge Schwartz): Objected generally to findings inconsistent with his proposed findings but did not specify which findings he contested. He acknowledged the need for recusal but failed to do so timely and provided dishonest reasons for his recusal (paras 14, 23-24).

Legal Issues

• Whether Judge Schwartz committed willful judicial misconduct in violation of the Code of Judicial Conduct by initiating a romantic relationship with an assistant public defender appearing before him and making dishonest statements regarding his recusal (para 1).
• Whether the recommended discipline by the Judicial Standards Commission should be adopted or modified (para 11).

Disposition

• Judge Schwartz received a formal public reprimand.
• He was ordered to complete a course regarding sexual harassment.
• He must take appropriate leave from work during all future medical transitions.
• The recommendation for a sixty-day suspension without pay was rejected.
• Judge Schwartz was required to pay a fine of $6,000 (para 1).

Reasons

• The Supreme Court of New Mexico found clear and convincing evidence that Judge Schwartz violated several rules of the Code of Judicial Conduct by initiating a romantic relationship with an assistant public defender who had cases pending before him, failing to recuse himself in a timely manner, and making dishonest statements from the bench concerning his reasons for recusal. The court determined that these actions constituted willful misconduct in office, meriting discipline. The court adopted the Judicial Standards Commission's findings and conclusions but modified the recommended discipline, imposing a fine instead of suspension, based on factors such as the seriousness of the misconduct, the absence of a pattern of improper activity, and the effect of the improper activity upon the judicial system (paras 11-29).