Magistrate Judge William Vincent Jr. (defendant) publicly endorsed Bill Standley in a local newspaper for election as mayor. The endorsement listed Judge Vincent’s name as a supporter of Standley, but did not mention that Judge Vincent was a magistrate court judge. The Judicial Standards Commission (Commission) filed a petition for discipline against Judge Vincent, alleging that he had violated provisions of New Mexico’s Code of Judicial Conduct (Code) by publicly endorsing Standley for mayor in a newspaper. Specifically, the Commission pointed to Rule 21-700(A)(3)(b) of the Code, referred to as the endorsement clause, which provided that a judge was not allowed to publicly endorse or oppose a candidate for public office. Judge Vincent admitted that he had endorsed a candidate for public office. However, Judge Vincent contested any discipline, arguing that his endorsement was constitutionally protected free speech and that the endorsement clause violated the First Amendment.