N.M. R. Bar Adm. 15-401

As amended through November 1, 2024
Rule 15-401 - Investigations
A.Purpose. The board is required to conduct an investigation and otherwise inquire into and determine the character, fitness, and general qualifications of every applicant for admission.
B. Method. The board or its agents may obtain investigative reports, gather 16 information regarding, and conduct investigations for, information relating to the character, fitness, and general qualifications of an applicant. Investigations and inquiries shall be informal, but shall be thorough, with the object of ascertaining the truth.

N.M. R. Bar Adm. 15-401

As amended, effective 4/1/1989;11/1/1994;1/1/1999;12/1/2000; as amended by Supreme Court Order No. 18-8300-010, effective 12/31/2018; as amended by Supreme Court Order No. S-1-RCR-2023-00036, effective 12/31/2023.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-010, effective December 31, 2018, provided that upon filing of proceedings in the Supreme Court, the proceedings, pleadings, supporting documents, and subsequent orders are no longer confidential or sealed unless ordered by the Court, provided that a party may file a motion requesting all or part of the court record be sealed, and provided that an order by the Supreme Court suspending or revoking admission to the State Bar of New Mexico shall be a matter of public record unless otherwise ordered by the Court; in Paragraph D, added subparagraph designation "(1)" and added Subparagraph D(2). The 2000 amendment, effective December 1, 2000, added Paragraph D. The 1999 amendment, effective January 1, 1999, in the first sentence of Paragraph A, substituted "twelve" for "eleven". The 1994 amendment, effective November 1, 1994, substituted "who need not be a member of the board" for "who need not be a member and who may be, but need not be, the clerk of the New Mexico Supreme Court" in Paragraph B and made a minor stylistic change in Paragraph A(3). The 1989 amendment, effective on and after April 1, 1989, in the first sentence in Paragraph A, substituted "eleven members" for "nine members". Educational prerequisites constitutional. - The educational qualifications required of applicants before they are permitted to practice law in this state do not violate the fourteenth amendment or N.M. Const., art. II, § 18, either in regard to the clause requiring due process of law or in providing for equal protection of the laws. Henington v. State Bd. of Bar Exmrs., 1956-NMSC-001, 60 N.M. 393, 291 P.2d 1108. Board recommendations given great weight. - The supreme court has ultimate responsibility to grant or withhold admission to the practice of law, but, in determining whether or not an applicant should be admitted, the court will always give the most serious consideration to the recommendations of the Board of Bar Examiners and will overrule them only when unalterably convinced that they are not well founded. Lucius v. State Bd. of Bar Exmrs., 1972-NMSC-082, 84 N.M. 382, 503 P.2d 1160. Court promulgates bar admission standards. - The legislature may enact valid laws in fixing minimum requirements for admission to the bar, but in no event maximum; and it may not require the courts to admit on standards other than as accepted or established by the courts, and any legislation which attempts to do so is an invasion of the judicial power and violative of the constitutional provisions establishing the separate branches of government and prohibiting the legislature from invading the judiciary. In re Sedillo, 1959-NMSC-095, 66 N.M. 267, 347 P.2d 162 (decided under former law). Board minutes deemed "public records". - The minutes of the Board of Bar Examiners meet the requirements of the definition of "public records" and, as such, are required under 14-2-1 NMSA 1978 to be subject to the inspection of the public. 1953-54 Op. Att'y Gen. No. 5933. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 2, 19. Court review of bar examiners' decision on applicant's examination, 39 A.L.R.3d 719. 7 C.J.S. Attorney and Client § 18.