N.M. R. Gov. Disc. 17-308

As amended through August 23, 2024

Rule 17-308 - Informal admonitions

A.Proposal letters. When an informal written admonition has been recommended and approved as provided in Rule 17-206(A)(6)(a) NMRA, chief disciplinary counsel, or chief disciplinary counsel's designee, shall advise the respondent-attorney by letter that an admonition has been officially proposed; that respondent may accept or reject the admonition; that if accepted, a copy of the written admonition will remain in the respondent's records in the private files in disciplinary counsel's office and that the fact thereof may be offered in evidence, if relevant and made within the last ten (10) years, during the course of the hearing on any formal charges that might be filed against the respondent upon future complaints; and that if rejected, disciplinary counsel is required to file formal charges upon and prosecute the current complaint.

B.Issuance. At disciplinary counsel's option, the letter of informal admonition shall be mailed to the respondent-attorney or delivered to the respondent-attorney in person.

C.Rejection. If the proposal to resolve a complaint by the issuance of an informal written admonition is rejected by the respondent-attorney, disciplinary counsel shall file a formal specification of charges. In the charges, counsel will indicate that they have been filed pursuant to the requirements of this rule and because an offer of informal admonition was declined. This fact may not be considered as evidence that the respondent-attorney has engaged in the misconduct alleged in the charges.

D.Copies. Copies of all proposal letters and a report of the acceptance, delivery or rejection of the written informal admonitions shall be furnished the chairman of the Disciplinary Board.

E.Informal Admonition. Upon recommendation of a hearing committee under Rule 17-206(A)(6)(b) NMRA, the Disciplinary Board may issue an informal admonition to a respondent-attorney upon recommendation of a hearing committee after formal disciplinary proceedings.

N.M. R. Gov. Disc. 17-308

As amended, effective 1/1/1987;9/1/1990; as amended by Supreme Court Order No. 15-8300-022, effective 12/31/2015.

ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-022, effective December 31, 2015, authorized the disciplinary board to issue an informal admonition to a respondent-attorney upon recommendation of a disciplinary hearing committee after formal disciplinary proceedings, and made technical changes; in Paragraph A, after "provided in", deleted "Article 2 of these rules" and added "Rule 17-206(A)(6)(a) NMRA", and after "chief disciplinary counsel", added "or chief disciplinary counsel's designee"; and added new Paragraph E. The 1990 amendment, effective September 1, 1990, added Paragraph C and redesignated former Paragraph C as Paragraph D.