New Mexico § 52-5-2 - Director; appointment; employees; workers' compensation judges

§ 52-5-2. Director; appointment; employees; workers' compensation judges

A. The workers' compensation administration shall be in the charge of a director,

who shall be appointed by the governor for a term of five years with the consent of

the senate. The appointed director shall serve and have the authority of that office during

the period of time prior to final action by the senate confirming or rejecting the

appointment. The appointment shall be made on the basis of administrative ability, education,

training and experience relevant to the duties of the director. Upon the expiration of the term, the director shall continue to serve until the

successor is appointed and qualified. Before entering upon the duties, the director shall subscribe to an oath to faithfully

discharge the duties of the office. The director shall devote full time to the duties of the office. B. The director shall appoint necessary workers' compensation judges. Workers' compensation judges shall not be subject to the provisions of the Personnel

Act except as provided by Subsection C of this section. Workers' compensation judges shall be appointed for an initial term of one year

and shall be compensated at a rate equal to ninety percent of that of district court

judges. Ninety days prior to the expiration of a workers' compensation judge's term, the

director shall review his performance. If approved by the director, the workers' compensation judge may be reappointed

to a subsequent five-year term. C. Workers' compensation judges shall be lawyers licensed to practice law in this

state and shall have a minimum five years' experience as a practicing lawyer. They shall devote their entire time to their duties and shall not engage in the

private practice of law and shall not hold any other position of trust or profit or

engage in any occupation or business interfering with or inconsistent with the discharge

of their duties as workers' compensation judges. A workers' compensation judge shall be required to conform to all canons of the

code of judicial conduct as adopted by the supreme court, except canon 21-900 of that

code. Violation of those canons shall be exclusive grounds for dismissal prior to the

expiration of his term. Any complaints against a workers' compensation judge shall be filed with the state

personnel board, which shall report its findings to the director. D. Workers' compensation judges shall have the same immunity from liability for their

adjudicatory actions as district court judges.