N.M. R. Bar Adm. 15-205

As amended through November 1, 2024

Rule 15-205 - Evaluation of qualifications, character and fitness

A.Purpose; burden. To assure the protection of the public and to safeguard the justice system, an applicant for any methods of licensure must prove the applicant is qualified, has good character, and is fit to practice law.

B.Applicant's history. To enable the board to evaluate an applicant's character and fitness, an applicant shall inform the board of applicant's history regarding the following:

(1) unlawful conduct;

(2) academic misconduct;

(3) misconduct in employment;

(4) acts involving dishonesty, fraud, deceit, or misrepresentation;

(5) acts which demonstrate disregard for the rights or welfare of others;

(6) abuse of legal process, including the filing of vexatious or frivolous lawsuits;

(7) neglect of financial responsibilities or professional obligations;

(8) violation of an order of a court, including child support orders;

(9) conduct that evidences current mental or emotional instability that may impair the ability to practice law;

(10) conduct that evidences current drug or alcohol dependence or abuse that may impair the ability to practice law;

(11) denial of admission to the bar in another jurisdiction on character and fitness grounds;

(12) disciplinary action by a lawyer disciplinary agency or other professional disciplinary entity;

(13) suspension of a lawyer's license by any entity, including suspensions for non-payment of dues and failure to comply with mandatory continuing legal education requirements;

(14) making of false statements, including omissions, on bar applications in any state; or

(15) as otherwise determined by the board for just and good cause.

C.Review. The board shall review each application to determine whether an applicant is qualified for admission including whether the applicant's present character and fitness qualifies the applicant for admission. To enable the board to reach a determination, an applicant shall supply additional information as requested by the board. The board may conduct further inquiry into an applicant's qualifications by conducting investigations, interviews, and hearings as described in Article 4 of these rules.

D.Factors considered. In making its determination, the board shall consider the following factors in assigning weight and significance to an applicant's prior conduct:

(1) the applicant's age at the time of the conduct;

(2) the recency of the conduct;

(3) the reliability of the information about the conduct;

(4) the seriousness of the conduct;

(5) the factors underlying the conduct;

(6) the cumulative effect of the conduct or information;

(7) the evidence of rehabilitation;

(8) the applicant's positive social contributions since the conduct;

(9) the applicant's candor in the admissions process; and

(10) the materiality of any omissions or misrepresentations.

E.Conviction; rehabilitation. An applicant who has been convicted of a serious crime must put forth clear and convincing evidence of good moral character by showing that the applicant is rehabilitated and satisfies all other requirements for good moral character.

N.M. R. Bar Adm. 15-205

As amended, effective 11/14/1988;11/1/1994;7/17/1995;7/24/1996;7/6/1998;2/28/2002; as amended by Supreme Court Order No. 11-8300-032, effective 9/1/2011; as amended by Supreme Court Order No. 13-8300-048, effective 12/6/2013, for applications for the July 2014 bar examination and subsequent bar examinations; as amended by Supreme Court Order No. 15-8300-018, effective 11/1/2015; as amended by Supreme Court Order No. 16-8300-004, effective immediately for applications for the February 2017 bar examination and thereafter; as amended by Supreme Court Order No. S-1-RCR-2023-00036, effective 12/31/2023.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-004, effective immediately for applications for the February 2017 bar examination and thereafter, required the Board of Bar Examiners to test applicants for admission to the State Bar on professional responsibility and legal ethics by separate examination, set the minimum passing score on the ethics exam to be eligible for admission to the State Bar, and made certain technical amendments throughout the rule; in Paragraph A, after "Supreme Court, the", deleted "board" and added "Board of Bar Examiners", after "adopt", deleted "such", and after "provided", deleted "such" and added "the"; in Paragraph C, after "fifty", added "percent"; and added new Paragraph E. The 2015 amendment, approved by Supreme Court Order No. 15-8300-018, effective November 1, 2015, established new grading and scoring policies for the newly adopted Uniform Bar Examination, and removed provisions regarding the ethics examination, adding related provisions to Rule 15-103 NMRA; in the heading of the rule, deleted "Administration and grading" and added "Grading and scoring"; in Paragraph A, after "deems appropriate", deleted "for the examinations" and added "provided such policies are not inconsistent with the policies applicable to grading of the UBE as coordinated by the National Conference of Bar Examiners"; in Paragraph B, in the second sentence, after "Grading", added "of the MEE and MPT answers", and after "passed or failed the", deleted "written" and added "bar"; in Paragraph C, in the heading, deleted "Essay and performance test portion of bar exam" and added "Weighting; scaling; minimum passing score", in the first sentence, after "The", added "raw scores", deleted "grades for" and added "assigned to", after the first occurrence of "the", deleted "essay and performance test portion of the examination" and added "MEE and MPT answers by the graders", after "above average)", deleted "and shall be calculated using the standard deviation method, which ensures that each essay question receives the same weight, and each performance test question is weighted 1.5 times that of each essay. Each applicant's essay and performance test grades shall then be scaled to the MBE portion of the examination using the standard deviation method" and added the next two sentences, in the fifth sentence, after "A", deleted "combined average scaled" and added "total UBE", and after "score of", deleted "130 on the MBE and essay parts of the examination" and added "two hundred sixty (260)"; and deleted Paragraph E relating to the ethics examination. The 2013 amendment, approved by Supreme Court Order No. 13-8300-048, effective December 6, 2013, authorized the acceptance of a passing scaled score of 80 or above on the ethics exam that was achieved no more than five years before a first application for admission; and added the third sentence. The 2011 amendment, approved by Supreme Court Order No. 11-8300-032, effective September 1, 2011, required applicants to receive a minimum score of 80 on the MPRE to be admitted. The 2002 amendment, effective February 28, 2002, substituted "1.5 times" for "2.5 times" near the end of the first sentence in Paragraph C. The 1998 amendment, effective for bar examinations beginning with the February 1999 bar exam, rewrote Paragraph C and inserted "average" following "A combined" in the undesignated paragraph following Paragraph C. The 1996 amendment, effective July 24, 1996, inserted "and performance test" in the paragraph heading in Paragraph C, and rewrote the final undesignated paragraph in Paragraph C. The 1995 amendment, effective to apply to the July 1995 bar exam, substituted "score of 130 on the MBE" for "score of 133 on the MBE" in the last undesignated paragraph in Paragraph C. The 1994 amendment, effective November 1, 1994, rewrote the last paragraph in Paragraph C, which read: "All applicants must receive an average scaled score of 133 on the MBE and essay. All applicants must also pass the MPRE"; rewrote Paragraph D, which read: "The Board of Bar Examiners shall be empowered to test applicants on professional responsibility and legal ethics by separate written examination and the supreme court shall set separate minimum standards for successful completion of such examination, regardless of test results on the other subjects"; and made minor stylistic changes throughout the rule. The 1988 amendment, effective November 14, 1988, substituted "Board of Bar Examiners for completion of grading of such examinations" for "supreme court" at the end of Paragraph A.

For qualifications of bar examiners, see Rule 15-402 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 C.J.S. Attorney and Client § 18.