N.M. Admin. Code § 11.5.5.111

Current through Register Vol. 36, No. 1, January 14, 2025

Section 11.5.5.111 - APPEARANCE BY PARTIES OR ADVOCATES; SUBSTITUTION OF ADVOCATE

A. General:

(1) At any stage of the proceedings:

(a) a party who is an individual may appear in person or through an advocate; and

(b) any other party shall appear through an advocate.

(2) An advocate may, but need not, be a lawyer. The commission recognizes, however, that commission proceedings, particularly those that continue beyond the informal administrative review, may involve complex legal and factual issues in which a party would be best served by obtaining the services of a lawyer as the party's advocate.

(3) Entry of appearance by an advocate on behalf of a party, regardless of whether the advocate is a lawyer, an officer or employee of the party, or an independent contractor other than a lawyer, constitutes a certification that the advocate has full authority to act on behalf of, and to bind, the party, subject only to the provisions of Subsection C of this Section.

(4) Entry of appearance by an advocate shall be in writing; provided that the filing of any pleading or motion signed by the advocate shall constitute an entry of appearance without the necessity of filing an additional document specifically as an entry of appearance.

B. Substitution or withdrawal of advocate:

(1) A party may replace its advocate with another advocate at any time not later than filing of the party's first pleading after docketing of the case:

(a) by filing of a written notice of substitution as illustrated in Section 1003 [now 11.5.5.1003 NMAC]; or

(b) if the party is replacing an advocate who is not a lawyer with an advocate who is a lawyer, by having the applicable pleading signed by the new advocate, without the necessity of a specific withdrawal by the original advocate.

(2) After expiration of the time specified in Paragraph 1 of this Subsection, an advocate may withdraw from the case only as specified in SCRA 1986, 1-089.

C. Standards of conduct: All advocates appearing in any proceeding under this Part shall conform to the New Mexico Rules of Professional Conduct, SCRA 1986, 16-101 to 16-805. For purposes of this Part, the term "lawyer" as used in the Rules of Professional Conduct means any advocate appearing in a proceeding under this Part, whether or not licensed to practice law in any jurisdiction.

N.M. Admin. Code § 11.5.5.111

9/30/76, 4/25/78, 1/1/84, 1/1/94, 1/1/96; Recompiled 11/30/01