N.M. R. Gov. Disc. 17-315

As amended through November 1, 2024

Rule 17-315 - Disciplinary Board decision

Within thirty (30) days following the submission of briefs or oral argument or the receipt of the hearing committee's findings and recommendations, whichever date is last, the Disciplinary Board or panel shall render its decision. Upon a showing of good cause, the chair of the Disciplinary Board may extend the time within which the decision must be rendered. Regardless, the deadline for the Board or panel to render its decision is not jurisdictional and any failure to issue its decision within the specified time period does not otherwise divest the hearing committee, the Board, or the Supreme Court of jurisdiction to consider and rule upon the charges against the respondent and the hearing committee's decision. The Disciplinary Board or panel may accept, reject, modify, or increase the sanctions contained in the recommendations of the hearing committee. The Disciplinary Board is not restricted to the findings of the hearing committee and may render its decision based upon the record and any additional findings that it may make. The decision of the Board will be carried out in the following manner:

A.Dismissal. In the event of a dismissal, the Board shall so notify the complainant, the respondent-attorney, disciplinary counsel, and chief disciplinary counsel;

B.Informal Admonition. In the event of a determination of an informal admonition, the Board shall instruct disciplinary counsel to prepare and deliver to the respondent-attorney a letter of informal admonition. 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.Formal reprimand. In the event of a determination of formal reprimand by the Board or probation, the Board shall arrange for the respondent-attorney to appear before the Board, and the chair of the Board or the chair's designee shall deliver the reprimand orally and in writing. Copies of the written reprimand shall be delivered to the respondent-attorney and disciplinary counsel;

D.Probation by the Board. In the event of a determination by the Board to impose probation or other conditions as a type of discipline by itself or in addition to an informal admonition or formal reprimand under Rule 17-206(B)(2) NMRA, the Board shall enter an order detailing the terms and conditions of such probation or other conditions and state whether the probation or other conditions are discipline by themselves or are in addition to an informal admonition or formal reprimand;

E.Suspension; disbarment; public censure; restitution. In the event of a determination by the Board to recommend suspension, disbarment, public censure, or probation by the Supreme Court under Rule 17-206(B)(1) NMRA, or restitution by the respondent-attorney, it shall prepare its written report and recommendations over the signature of the chair of the Board, or at the chair's option, the chair of the reviewing panel and transmit seven (7) copies of the same with three (3) copies of the entire record of the hearing and the pleadings filed in the proceedings to the clerk of the Supreme Court within thirty (30) days of the Board's decision. A copy of the report and recommendations shall be served on the respondent-attorney at the time it is transmitted to the clerk of the Supreme Court.

N.M. R. Gov. Disc. 17-315

As amended, effective 8/1/1988; as amended by Supreme Court Order No. 07-8300-015, effective 6/13/2007; as amended by Supreme Court Order No. 15-8300- 022, effective 12/31/2015; as amended by Supreme Court Order No. 18-8300-009, effective 12/31/2018.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-009, effective December 31, 2018, clarified that any failure to issue its decision within the specified time period does not divest the hearing committee, the Board, or the Supreme Court of jurisdiction to consider and rule upon the charges against the respondent and the hearing committee's decision; added the third sentence of the introduction, which states "Regardless, the deadline for the Board or panel to render its decision is not jurisdictional and any failure to issue its decision within the specified time period does not otherwise divest the hearing committee, the Board or the Supreme Court of jurisdiction to consider and rule upon the charges against the respondent and the hearing committee's decision". The 2015 amendment, approved by Supreme Court Order No. 15-8300-022, effective December 31, 2015, provided additional procedures in the event of a determination of an informal admonition and in the event of a determination by the disciplinary board to impose probation or other conditions as a type of discipline; added new Paragraph B and redesignated former Paragraph B as Paragraph C; added new Paragraph D and redesignated former Paragraph C as Paragraph E; in Paragraph E, in the heading, after "public censure", deleted "probation" and added "restitution", in the first sentence, after "Rule 17-206", added "(B)(1) NMRA", and added "or restitution by the respondent-attorney". The 2007 amendment, approved by Supreme Court Order No. 07-8300-015, effective June 13, 2007, amended Paragraph C to require the disciplinary board transmit to the Supreme Court seven copies of its recommendations within thirty days after the board's decision and to require a copy to be served on the respondent attorney at the time it is transmitted to the Supreme Court.