CONFIDENTIAL

Thank you for your correspondence of November 30. 2004. which was received in this office on December 2. 2004. As the executive director and general counsel. I am responding to your inquiry on behalf of the Commission and Mr. Roybal

I first want apologize for failing to include a copy of the Commission brochure and complaint form in our October 26, 2004 correspondence. You wilt find it enclosed herein.

In your November 30 correspondence, you identify four judges against whom you have filed complaints of misconduct. The commission received and reviewed all materials you provided to consider during their review of your complaints.

As you know from prior correspondence. pursuant to stale law, matters before the Commission are confidential until such time as they are tiled with the Supreme Court of the State of New Mexico. At that time, only those documents tiled with the Supreme Court become public unless otherwise protected from disclosure. In addition, the Commission's file on any matter remains confidential. as does any and all deliberations in that regard. [Apparent confidential sentence redacted]

I understand that Mr. Roybal explained to you die limits of the Commission's jurisdiction To reiterate. pursuant to and in accordance with the applicably statutes and rules, the Commission has jurisdiction to investigate and prosecute alleged instances of judicial misconduct committed by sitting New judges. The Commission is not an appellate court and does not have jurisdiction to review a final decision.

Thus. with respect to the referenced jury trial you sought, any recourse you might have with respect to that legal decision remain; with the appellate courts of this state.

As for your request that the Commission insist the Supreme Court appoint two other judges on the matters you referenced in our November 30 correspondence. the Commission does not have the authority to do that. Again. the Commission's constitutional and statutory mandate. While extremely important, is narrow in scope. and consists exclusively of the investigation and prosecution of allegations of judicial misconduct.

Should you have any further questions. please do not hesitate to correspond with this office. In sending my best regards. I remain.