A.Disciplinary Board. The board shall have the power and duty (1) pursuant to the procedures herein provided, to consider and investigate the conduct of any attorney within the jurisdiction of the Supreme Court, and may initiate an investigation on its own motion or may undertake the same upon complaint by any person;(2) to review the findings of fact, conclusions, and recommendations of hearing committees, and take such action thereon as permitted by these rules;(3) to formally reprimand attorneys in accordance with these rules, and to report the fact thereof to the Supreme Court, where it shall be a matter of record;(4) to conduct an annual meeting at a time and place to be determined by the Chief Justice and chair of the Disciplinary Board. The meeting will be sponsored by the Supreme Court, and those invited to attend shall be the members of the Disciplinary Board, members of the Supreme Court, and all systems participants including hearing committee members and disciplinary counsel. The purpose of this meeting will be to review rules, discuss problems, establish performance criteria, and discuss any other matters the board or Supreme Court deems necessary; and (5) to adopt rules of procedure subject to approval by the Supreme Court.B.Chair. The chair of the Disciplinary Board, or the vice chair in the chair's absence, shall be chief executive officer of the Disciplinary Board and shall oversee the operations of the disciplinary counsel's office, the several hearing committees, and the review panels of the board. The chair shall preside at all meetings of the board. The chair or the chair's designee (1) shall be responsible for maintenance of a docket or other control of all formal charges instituted, the expedition of the proceedings, and the assembly and preservation of the record of all proceedings;(2) shall transmit or arrange for the transmission of all board recommendations in disciplinary matters to the Supreme Court;(3) shall report to the Supreme Court any formal reprimands administered by order of the board;(4) shall exercise the board's authority on its behalf in certain ministerial duties involving hearing committees and disciplinary counsel pursuant to any policies or procedures as adopted by the Supreme Court or by the board;(5) shall assign formal charges to a hearing committee as provided in Rule 17-104 NMRA of these rules; and(6) shall refer to an appropriate hearing committee motions for reinstatement when provided by these rules.N.M. R. Gov. Disc. 17-102
As amended by Supreme Court Order No. 13-8300-045, effective 12/31/2013. ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-045, effective December 31, 2013, made terms gender neutral; simplified the structure of sentences; in Subparagraph (4) of Paragraph A, in the first sentence, after "Chief Justice and", deleted "chairman" and added "chair" and in the third sentence, after "the board or", deleted "court" and added "Supreme Court"; in Paragraph B, deleted the former title of the paragraph "Chairman" and added the current title, in the first sentence, at the beginning of the sentence, after "The", deleted "chairman" and added "chair", after "or the vice", deleted "chairman" and added "chair", after "vice chair in", deleted "his" and added "the chair's", in the second sentence, at the beginning of the sentence" deleted "He" and added "The chair", and in the third sentence, after "The", deleted "chairman" and added "chair or the chair's designee"; in Subparagraph (5) of Paragraph B, at the beginning of the sentence, deleted "or his designee", and in Subparagraph (6) of Paragraph B, at the beginning of the sentence, deleted "or his designee". Law reviews. - For comment, "The Clark Report and the Revised New Mexico Disciplinary Procedures," see 2 N.M.L. Rev. 292 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 28, 29. 7 C.J.S. Attorney and Client §§ 59 to 61.