N.M. R. Gov. Unauth. Prac. Law 17B-003

As amended through August 23, 2024

Rule 17B-003 - Disciplinary counsel; duties and powers

In addition to those duties and powers set forth in the Rules Governing Discipline, chief disciplinary counsel, or chief disciplinary counsel's designee, shall have the following powers and duties:

A. to investigate, or to refer for investigation to deputy disciplinary counsel, assistant disciplinary counsel, special assistant disciplinary counsel, or an investigator, any complaint that sets forth reasonable grounds to believe that a person or entity has engaged in, or is engaging in, the unauthorized practice of law;

B. to initiate, by way of a document entitled "Chief Disciplinary Counsel Complaint," a complaint against a person or entity that chief disciplinary counsel has a reasonable ground to believe has engaged in, or is engaging in, the unauthorized practice of law;

C. to prepare and prosecute, or assist in the preparation and prosecution of, civil injunction proceedings as provided in Rules 17B-004 and 17B-005 NMRA;

D. to prepare and prosecute, or assist in the preparation and prosecution of, contempt proceedings as provided in Rules 17B-004 and 17B-007 NMRA;

E. to enter into a consent agreement, as provided in Subparagraph (3) of Paragraph E of Rule 17B-004 NMRA, for the purpose of resolving a complaint against a person or entity that is alleged to have engaged in the unauthorized practice of law;

F. to dismiss in accordance with Paragraph D of Rule 17B-004 NMRA a complaint against a person or entity that has been accused of the unauthorized practice of law;

G. to maintain records of all matters processed and the disposition thereof under the Rules Concerning the Unauthorized Practice of Law;

H. to act as the general administrative officer for the Disciplinary Board under its direction and supervision; and

I. to file with the Disciplinary Board and the Supreme Court, and to publish in the Bar Bulletin, quarterly status reports indicating the receipt, processing, and status of complaints filed under the Rules Concerning the Unauthorized Practice of Law.

N.M. R. Gov. Unauth. Prac. Law 17B-003

Adopted by Supreme Court Order No. 13-8300-015, effective 8/23/2013.