N.M. R. Bar Adm. 15-103
N.M. R. Bar Adm. 15-103
[Adopted by Supreme Court Order No. 10-8300-018, effective July 4, 2010; as amended by Supreme Court Order No. 22-8300-013, effective October 1, 2022; as withdrawn by Supreme Court Order No. S-1-RCR-2023-00036, effective December 31, 2023.]
ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-022, effective December 31, 2017, in Paragraph B(2), changed "another state of states" to "another state or states". The 2015 amendment, approved by Supreme Court Order No. 15-8300-018, effective November 1, 2015, authorized applicants who have taken the Uniform Bar Examination to apply for admission to the New Mexico bar, provided a minimum score for, and a time requirement in which to take, the Multistate Professional Responsibility Examination, required applicants to have taken certain courses on New Mexico law prior to being approved for admission to the New Mexico bar, and made technical changes; in Subparagraph B(2), after "application is made", added "or at the time of application for admission by transferred Uniform Bar Examination (UBE) score"; in Subparagraph B(6), changed each occurrence of "judgement" to "judgment"; in Paragraph E, after the heading, deleted "All applicants shall be required to take and pass the written examination in accordance with Article 2 of these rules except" and added "Except", after "Rule 15-107 NMRA", added "all applicants shall be required to take and pass the bar examination in New Mexico or meet the requirements of these rules for admission by transferred Uniform Bar Examination Score."; and added new Paragraphs F and G. The 2014 amendment, approved by Supreme Court Order No. 14-8300-001, effective June 1, 2015, authorized applicants to be admitted by motion without examination; and in Paragraph E, after "written examination", added "in accordance with Article 2 of these rules" and after "University of New Mexico", added the remainder of the sentence. The 2008 amendment, approved by Supreme Court Order No. 08-8300-028, effective for the February 2009 bar examination, added Subparagraph (7) of Paragraph B. The 2005 amendment, approved by Supreme Court Order No. 05-8300-010, effective September 1, 2005, amended Subparagraph (1) of Paragraph B to reduce the age requirement from twenty-one to eighteen years of age, added a new Paragraph C providing for character and fitness standards and relettered Paragraphs C and D as Paragraphs D and E. The 1996 amendment, effective to apply to the February 1997 bar examination, added Subparagraph B(6) and made a related stylistic change. The 1988 amendment, effective November 14, 1988, added the second sentence in Paragraph B. The standard of good moral character is not unconstitutionally vague and does not violate equal protection requirements. In re Application of Oppenheim, 2007-NMSC-022, 141 N.M. 596, 159 P.3d 245. Rational connection between qualification and fitness required. - A state cannot exclude a person from the practice of law or from any other occupation in a manner or for reasons that contravene the due process or equal protection clause of the fourteenth amendment. A state can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any qualification must have a rational connection with the applicant's fitness or capacity to practice law. Schware v. Board of Bar Exmrs., 353 U.S. 232, 77 S. Ct. 752, 1 L. Ed. 2d 796 (1957). Affidavit requirement valid. - Applicant to take the New Mexico bar examination must be shown to be a person of good moral character before he is eligible to take the bar examination, and requirement of submission of an affidavit of an attorney of this state to that effect does not deny due process or equal protection. Henington v. State Bd. of Bar Exmrs., 1956-NMSC-001, 60 N.M. 393, 291 P.2d 1108. Good moral character prerequisite to taking examination. - The right to take an examination to practice law is a qualified right, and one who seeks permission to take such examination must be prepared to satisfy reasonable requirements as to good moral character and training. Henington v. State Bd. of Bar Exmrs., 1956-NMSC-001, 60 N.M. 393, 291 P.2d 1108. Court final arbiter of standards for bar admission. - The legislature may enact valid laws in fixing minimum requirements for admission to the bar, but in no event maximum; and it may not require the courts to admit on standards other than as accepted or established by the courts, and any legislation which attempts to do so is an invasion of the judicial power and violative of the constitutional provisions establishing the separate branches of government and prohibiting the legislature from invading the judiciary. In re Sedillo, 1959-NMSC-095, 66 N.M. 267, 347 P.2d 162. Powers of supreme court over admission to practice. - The supreme court has the ultimate responsibility to grant or withhold an admission to practice law. That court must independently examine and weigh the evidence and then pass upon its sufficiency. A particular case must be judged on its own merits, and an ad hoc determination in each instance must be made by the court. Nall v. Board of Bar Exmrs., 1982-NMSC-051, 98 N.M. 172, 646 P.2d 1236. Character indication of fitness. - Membership in the bar is a privilege burdened with conditions. A fair private and professional character is one of them. Compliance with that condition is essential at the moment of admission; but it is equally essential afterwards. Whenever the condition is broken the privilege is lost. To refuse admission to an unworthy applicant is not to punish him for past offenses. The examination into character, like the examination into learning, is merely a test of fitness. Schware v. Board of Bar Exmrs., 1955-NMSC-081, 60 N.M. 304, 291 P.2d 607, rev'd on other grounds, 353 U.S. 232, 77 S. Ct. 752, 1 L. Ed. 2d 796 (1957). Conduct and opinion of peers relevant to character. - Proof of his good moral character entails a consideration of two kinds of indirect evidence: first, the pattern of conduct an individual follows; and, second, a consideration of the regard his fellows and associates have for him. Schware v. Board of Bar Exmrs., 1955-NMSC-081, 60 N.M. 304, 291 P.2d 607, rev'd on other grounds, 353 U.S. 232, 77 S. Ct. 752, 1 L. Ed. 2d 796 (1957). Arrest, aliases, communist affiliation deemed not moral unfitness. - Arrests with convictions, use of aliases many years ago and communist party membership during the 1930's do not raise substantial doubts about applicant's good moral character. Therefore, denial of application is denial of due process because these circumstances do not rationally justify a finding of moral unfitness. Schware v. Board of Bar Exmrs., 353 U.S. 232, 77 S. Ct. 752, 1 L. Ed. 2d 796 (1957). Burden of proof as to moral character. - The burden is on the applicant to prove good moral character. The board then has the opportunity to rebut, showing evidence of bad moral character. Nall v. Board of Bar Exmrs., 1982-NMSC-051, 98 N.M. 172, 646 P.2d 1236. Burden of proof in challenging board's findings or decision. - The applicant has the burden of showing that the board's findings are not supported by the evidence or that the decision was erroneous or unlawful. Reasonable doubts are resolved in favor of the applicant. Nall v. Board of Bar Exmrs., 1982-NMSC-051, 98 N.M. 172, 646 P.2d 1236. ABA educational requirements may not be waived. - Subsection (b)(2) (now Subparagraph (2) of Paragraph B) does not permit a case-by-case waiver of the American Bar Association educational requirements. In re Adams, 1985-NMSC-051, 102 N.M. 731, 700 P.2d 194. Full-time practice notwithstanding nonlegal work. - Court holds applicant to the bar has been engaged in the full-time practice of law where for the previous seven years he has advised the government on questions of law involving contracts, mortgages, patents and leaseholds, inter alia, although much of the time has been spent doing work nonlawyers could do. Harty v. Board of Bar Exmrs., 1970-NMSC-011, 81 N.M. 116, 464 P.2d 406 (decided under former rule). Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law § 12. Criminal record as affecting applicant's moral character for purposes of admission to the bar, 88 A.L.R.3d 192. Violation of draft laws as affecting character for purposes of admission to the bar, 88 A.L.R.3d 1055. Failure to pay creditors as affecting applicant's moral character for purposes of admission to the bar, 4 A.L.R.4th 436. Validity, construction and effect of reciprocity provisions for admission to bar of attorney admitted to practice in another jurisdiction, 14 A.L.R.4th 7. Sexual conduct or orientation as ground for denial of admission to bar, 21 A.L.R.4th 1109. Falsehoods, misrepresentations, impersonations, and other irresponsible conduct as bearing on requisite good moral character for admission to bar, 30 A.L.R.4th 1020. Validity, construction, and application of enactment, implementation or repeal of formal educational requirement for admission to the bar, 44 A.L.R.4th 910. 7 C.J.S. Attorney and Client §§ 13 to 16.