N.M. R. MCLE 18-201
first, to any deficit in general credits in the current licensing year;
second, to the next licensing year as carry-over ethics and professionalism credits; and
third, to the next licensing year as carry-over general credits, subject to the limitations set forth in Paragraph E of this rule.
first, to any deficit in general credits in the current licensing year;
second, to the next licensing year as carry-over equity in justice credits; and
third, to the next licensing year as carry-over general credits, subject to the limitations set
forth in Paragraph E of this rule.
N.M. R. MCLE 18-201
Committee commentary. - Equity in Justice Education [1] Equity in Justice content focuses on ensuring that all persons will be treated fairly under the laws of New Mexico and promotes full and equal participation by all in the profession through identifying and eliminating the effects of prejudice, bias, and racism. Addressing topics on race, gender, national origin, sexual orientation, disability, and other issues of disparity and inequity will underscore and define how shortfalls can be addressed and dismantled. The practice of law is a profession in service to others and members of the Bar must have a clear understanding of the changes that are needed to truly be in service to others. The result of these changes will be equitable access to justice for the community and a more equitable Bar. [2] Equity in Justice CLEs can incorporate topics that are relevant to the practice of law such as: implicit and explicit bias, systemic and structural oppression; equal access to justice; competent representation of diverse populations; diversity and inclusion initiatives in the legal profession; recognition, mitigation, or elimination of bias in the legal profession or the legal system; antiracism; cultural competency in the practice of law or the administration of justice; and the historical and contemporary context of all of the preceding issues. Effective CLE content will include education as well as promote discussion and reflection. Instructors or lecturers must be either attorneys or judges with content expertise or other experts in the subject area based on their 16 education and background. Professionalism Education [3] Lawyer professionalism includes basic compliance with the Rules of Professional Conduct, such as acting with competence and diligence, effectively communicating with clients, maintaining client confidences, and safeguarding client property. Professionalism also includes acting with honor, integrity, honesty, dignity, and objectivity. It involves a commitment to upholding the rule of law and the legal system, promoting fairness and just results, respecting courts, clients, other lawyers, witnesses, and self-represented persons. It means demonstrating a commitment to serving others, promoting the public good, and striving to provide all persons, regardless of their means, backgrounds, or beliefs with equal access to the law and the justice system. [4] Professionalism CLE topics can include: mentoring; practicing with civility; the tension between client duties, duties to courts, and duties to the profession and the public; how to effectively work with opposing counsel in highly emotional or contentious matters; use and misuse of the discovery process; the intersection of lawyer well-being and effective advocacy; incorporating cultural competency in client representation and interactions with counsel and courts; the importance of pro bono and low bono representation in providing access to justice; and the challenges and rewards of representing unpopular clients or causes. Effective CLE content will include education as well as promote discussion and reflection. Instructors or lecturers must be either attorneys or judges with content expertise or other experts in the subject area based on their education and background. ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-020, effective May 1, 2011, eliminated the requirement that one hour of continuing education be devoted to professionalism; required that at least two hours be devoted to legal ethics or professionalism; provided for the application of excess professionalism credits to deficits in the current year and as carry-over credits in subsequent years; permitted two hours of professionalism and ethics credits to be carried over and excess professionalism credits to be applied toward the general requirement. The 2006 amendment, approved by Supreme Court Order 06-8300-33, effective January 1, 2007, added the last sentence of Paragraph A, added the second sentence of Paragraphs C and D, added the last sentence of Paragraph E, added the second sentence of Paragraph F and deleted the remainder of Paragraph F and all of Paragraph G, relating to the initial compliance year and Paragraph H relating to the definition of a "compliance year". The 2005 amendment, approved March 24, 2005 by Supreme Court Order No. 05-8300-07, effective January 1, 2006, amended Paragraph A to change the number of hours from fifteen (15) to twelve (12) and insert the last sentence defining an hour as sixty (60) minutes, inserted a new Paragraph B, relettered former Paragraph B as Paragraph C and changed "fifteen (15)" to "twelve (12)", relettered former Paragraph C as Paragrah D, amended the first sentence to reduce the number of professionalism hours from two (2) to one (1) and deleted the remainder of the paragraph, relettered former Paragraph D as Paragraph E and amended the paragraph to be consistent with the Paragraph A through D amendments and relettered the Paragraphs E, F and G as Paragraphs F, G and H. The 2000 amendment, effective January 1, 2001, redesignated former Paragraphs C, E and F as Paragraphs E, F and G; added Paragraph C concerning professional credits; in Paragraph D, inserted "compliance year only" at the end of the first sentence, deleted the former second sentence which read: "However, not more than fifteen (15) hours shall be carried over from the prior year" and added the second, third and fourth sentences. The 1998 amendment, effective March 23, 1998, rewrote Subsection C. The 1992 amendment, effective February 1, 1992, added the last sentence in Paragraph D. The 1991 amendment, effective November 1, 1991, deleted former Paragraph D, relating to practice skills; redesignated former Paragraphs E and F as Paragraphs D and E, rewrote Paragraph E; and added Paragraph F. Am. Jur. 2d, A.L.R. and C.J.S. references. - Discipline of attorney for failure to comply with continuing legal education requirements, 96 A.L.R.5th 23. Constitutional validity of continuing legal education requirements for attorneys, 97 A.L.R.5th 457.