N.M. R. Bar Adm. 15-105
N.M. R. Bar Adm. 15-105
ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-008, effective for applications pending or filed on or after August 4, 2017, changed the dates by when certain fees are assessed for late applications to take the New Mexico bar examination; in Paragraph A, Subparagraph A(5)(b), after "on or before", deleted "January" and added "December", and after "February bar exam and", deleted "June" and added "May". The 2014 amendment, approved by Supreme Court Order No. 14-8300-001, effective June 1, 2015, imposed fees on applicants seeking admission by examination; and in Paragraph A, in the introductory sentence, after "changed by the board", added "for applicants seeking admission by examination". The second 2013 amendment, approved by Supreme Court Order No. 13-8300-048, effective December 6, 2013, raised application and late filing fees; in Subparagraph (1) of Paragraph A, at the beginning of the sentence, deleted "four hundred and fifty dollars ($450.00)" and added "five hundred dollars ($500.00)"; in Subparagraph (4) of Paragraph A, at the beginning of the sentence, deleted "eight hundred dollars ($800.00)" and added "one thousand dollars ($1,000.00)"; in Subparagraph (5) of Paragraph A, at the beginning of the sentence, deleted "later" and added "late"; in Item (a) of Subparagraph (5) of Paragraph A, at the beginning of the sentence, deleted "fifty dollars ($50.00)" and added "two hundred dollars ($200.00)", after "if an application is", added "received and", after "received and filed", deleted "within thirty (30) days of the filing deadline" and added the remainder of the sentence; in Item (b) of Subparagraph (5) of Paragraph A, in the first sentence, at the beginning of the sentence, deleted "one hundred dollars ($100.00)" and added "five hundred dollars ($500.00)", after "if an application is", added "received and", after "received and filed", deleted "within sixty (60) days of the filing deadline" and added the remainder of the sentence, and added the second sentence; deleted former Item (c) of Subparagraph (5) of Paragraph A, which imposed a fee of one hundred fifty dollars ($150) for applications filed within ninety (90) days of the filing deadline; and deleted former Item (d) of Subparagraph (5) of Paragraph A, which imposed a fee of two hundred dollars ($200) for applications filed ninety (90) days or more after the filing deadline and which prohibited the acceptance of new applications after January 5th for the February exam or June 5th for the July exam. The first 2013 amendment, approved by Supreme Court Order No. 13-8300-012, effective May 14, 2013, provided that the reduced application fee applies only to applicants who apply for a re-examination within one year after the first unsuccessful examination result; provided that the full application fee applies for all re-examinations of applicants who do not successfully complete the examination within one year; authorized the board to charge additional fees to update investigative reports; and in Subparagraph (2) of Paragraph A, in the first sentence, after "to repeat the examination", added the remainder of the sentence, added the second sentence, and deleted language that authorized the board to impose a fee if the investigative report was dated more than fifteen months prior to the date of application. The 2007 amendment, approved by Supreme Court Order No. 07-8300-009, effective April 17, 2007, amended Paragraph A to delete the provision in Subsection (1) that limited the $450.00 application fee to applicants who had not practiced law in another state and to amend Subparagraph (3) to add the third, fourth and fifth sentences defining "costs" and providing for the payment of costs. The 2005 amendment, approved by Supreme Court Order No. 05-8300-010, effective September 1, 2005, amended Paragraph E to provide for payment of compensation to members of the Board of Bar Examiners at a rate approved by the Supreme Court. The 2003 amendment, effective December 12, 2003, substituted "four hundred and fifty dollars ($450.00)" for "five hundred and fifty dollars ($550.00)" in subparagraph (1) and "one hundred dollars ($100.00)" for "two hundred dollars ($200.00)" in subparagraph (2) of Paragraph A. The 2002 amendment, effective August 23, 2002, rewrote Paragraph A(5) which formerly read "one hundred fifty dollars ($150.00) payable upon filing of an application after the deadline set by these rules and upon approval of the chief justice for filing of said application". The 2001 amendment, effective April 23, 2001, substituted "two hundred dollars ($200.00)" for "four hundred dollars ($400.00)" and deleted "not less than forty (40) days prior to the next scheduled examination" in Paragraph A(2). The 1994 amendment, effective November 1, 1994, substituted "the application" for "the current application" in Paragraph A(1); substituted the language beginning "provided, however" for "provided, that the said reduced fee shall apply only for two successive repeat examinations" in Paragraph A(2); rewrote Paragraph A(3), which read: "an additional fee not to exceed three hundred fifty dollars ($350.00) to defray investigation costs for applicants for whom the board determines an additional investigation is desirable"; deleted "except for applicants who apply to repeat" following "applicants" in Paragraph A(4); and substituted "secretary" for "secretary treasurer" in the first sentence and "Application fees and costs" for "Remittances for fees" in the last sentence in Paragraph B. The 1993 amendment, effective for the July 1994 bar examination, substituted "six hundred dollars ($600.00)" for "three hundred twenty-five dollars ($325.00)" in Subparagraph A(1), "four hundred dollars ($400.00)" for "one hundred seventy-five dollars ($175.00)" in Subparagraph A(2), and "eight hundred dollars ($800.00)" for "five hundred dollars ($500.00)" in Subparagraph A(4). The 1988 amendment, effective November 14, 1988, added Paragraph A(5) and deleted "nor any examiner appointed by the court" following "Board of Bar Examiners" near the beginning of Paragraph E.
For Per Diem and Mileage Act, see 10-8-1 to 10-8-8 NMSA 1978. The board may not assess the attorney fees that the board incurred to investigate and hear an application for admission to the bar. In re: Application of Oppenheim, 2007-NMSC-022, 141 N.M. 596, 159 P.3d 245. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 12, 22 to 24. Procedural due process requirements in proceedings involving applications for admission to bar, 2 A.L.R.3d 1266. 7 C.J.S. Attorney and Client § 17.