N.m. R. Gov. Disc. 17-317

As amended through November 1, 2024

Rule 17-317 - [Effective 12/31/2024] Public censures

A.General. In disciplinary proceedings in which public censure is recommended, the Board must submit proposed public censures to the Supreme Court in accordance with the procedures outlined in this rule.

B.Form. Proposed public censures shall be prepared in the following form, unless otherwise ordered by the Supreme Court:

(1) proposed public censures shall be limited to fifteen (15) pages, double spaced, and written in fourteen (14) point Times New Roman font;

(2) proposed public censures shall include, at minimum, a procedural history, including an explanation of the rule(s) violated with rule citations, and background and discussion sections with citations to relevant authority and the record proper; and

(3) all citations in proposed public censures shall conform to Rule 23-112 NMRA.

C.Procedure. The Board shall file proposed public censures with the Supreme Court in accordance with one of the two procedures outlined below. Proposed public censures and responses shall be filed and served in accordance with Rule 12-307 NMRA.

(1) For proceedings before the Supreme Court on petition to accept a stipulated agreement and consent to discipline under Rule 17-211 NMRA, proposed public censures shall be stipulated to by the parties and filed with the petition. The Board shall also submit a copy of the proposed public censure, in Microsoft Word format, to the Supreme Court clerk via email.

(2) For proceedings before the Supreme Court on a decision and recommendation for discipline filed under Rule 17-315 NMRA, proposed public censures shall be filed with the Supreme Court within forty-five (45) days after the filing of an order imposing a public censure as a form of discipline. The Board shall also submit a copy of the proposed public censure, in Microsoft Word format, to the Supreme Court clerk via email.

(a) A response/objection to the proposed public censure under this subparagraph shall be timely if filed within fifteen (15) days of the filing of the proposed public censure, see Rule 12-309(E) NMRA, but the findings and conclusions adopted by the Supreme Court in its order imposing discipline are final.

(b) No reply to the response shall be permitted without further order of the Supreme Court.

D.Supreme Court decision. The final form and substance of a public censure shall be subject to the Supreme Court's discretion, irrespective of whether the parties have consented or stipulated to the proposed public censure.

N.m. R. Gov. Disc. 17-317

Adopted Supreme Court Order No. S-1-RCR-2024-00108, effective12/31/2024