N.M. R. Bar Adm. 15-301.3

As amended through November 1, 2024

Rule 15-301.3 - [Effective until 12/31/2023] Military spouse attorney limited license

A.Definitions. For purposes of this rule the following definitions apply:

(1) "dependent" is used as defined by the United States Department of Defense (or, for the Coast Guard when it is not operating as a service in the United States Navy, by the United States Department of Homeland Security);

(2) military spouse attorney" means an attorney who is the spouse of an active duty service member of the United States Uniformed Services stationed within the State of New Mexico and resides or intends to reside in the State of New Mexico within the next six (6) months of the date of application for limited license; and

(3) service member" is used as defined by the United States Department of Defense.

B.Eligibility. On application, the clerk of the Supreme Court may issue a limited license to a military spouse attorney who

(1) holds an active license to practice law in another state, territory, or protectorate of the United States or the District of Columbia;

(2) is in good standing in all jurisdictions where the military spouse attorney is admitted to practice;

(3) has not resigned from the bar of another jurisdiction while under 18 disciplinary suspension or while under disciplinary proceedings;

(4) is not the subject of current or pending disciplinary proceedings in any other jurisdiction; and

(5) satisfies the limited license requirements set forth in this rule.

C.Application procedure. A military spouse attorney applicant for a limited license shall file with the clerk of the Supreme Court an application for limited license which shall be accompanied by the following:

(1) a certificate of admission to practice and good standing from each jurisdiction in which the applicant currently has an active license to practice law and proof of compliance with Rule 15-103(B)(1) NMRA;

(2) documentation demonstrating

(a) receipt of a juris doctor or bachelor of laws and letters degree of a law school formally accredited by the American Bar Association and license to practice law in another jurisdiction; or

(b) receipt of a juris doctor or bachelor of laws and letters degree of any law school and proof of the active practice of law in another state or states for at least two (2) out of the last four (4) years immediately preceding the military spouse attorney's application for limited admission to practice in New Mexico;

(3) a certificate signed by the military spouse attorney stating that

(a) the applicant has read and is familiar with the New Mexico Rules of Professional Conduct, including the succession plan requirements of Rule 16-119 NMRA; the New Mexico Rules Governing Discipline, including the trust accounting requirements of Rule 17-204 NMRA; the Creed of Professionalism of the State Bar of New Mexico; and the rules of the Supreme Court of New Mexico and the New Mexico statutes relating to the conduct of attorneys;

(b) if an applicant is a graduate of a law school accredited by the American Bar Association, the applicant has applied for a character and fitness investigation with the New Mexico Board of Bar Examiners under Rules 15-103(C), 15-104, and 15-301 NMRA; and

(c) if an applicant is not a graduate of a law school accredited by the American Bar Association, the applicant has applied for a character and fitness investigation with the New Mexico Board of Bar Examiners under Rules 15-103(C), 15-104, and 15-301 NMRA, excepting that active practice requirements for the certificate required by Rule 15-104(C)(3)(c) are two (2) years of active engagement in the actual practice of law out of the past four (4) years;

(4) evidence of a minimum scaled score of eighty (80) on the Multistate Professional Responsibility Examination; and

(5) the New Mexico Supreme Court docket fee, the New Mexico Board of Bar 10 Examiners character and fitness investigation fee, and any fees and costs associated with a 11 character and fitness hearing.

D.Application fees and costs; return of documents. All fees and costs associated 13 with an application for limited license are nonrefundable. Certificates of admission from other 14 states may be sent directly to the Board of Bar Examiners under separate cover. All those papers 15 will be returned to the applicant in due course. Other documents submitted will be returned to the 16 applicant, if requested, on approval by the chair or vice chair of the Board of Bar Examiners

E.License; issuance and revocation.

(1) If an applicant for a limited license to practice as a military spouse attorney complies with the provisions of this rule, the clerk of the Supreme Court may issue a limited license to practice law as a military spouse attorney.

(2) A limited license under this rule only permits the licensee to practice law in New Mexico as a military spouse attorney.

(3) The clerk of the Supreme Court shall revoke the limited license of the military spouse attorney if

(a) the attorney is found in violation of this rule or any other rule approved by the Supreme Court regulating the licensing or conduct of attorneys; or

(b) the Supreme Court revokes the limited license based on the character and fitness investigation conducted by the Board of Bar Examiners. On revocation of a limited license, the military spouse attorney shall not appear in any court in this state as an attorney.

F.Suspension for failure to cooperate.

(1)Petition for suspension for failure to cooperate. The Board of Bar Examiners may file a petition for suspension of the limited license with the Supreme Court alleging that the military spouse attorney has not filed an application for a character and fitness investigation, has not responded to requests for information, has not appeared for a scheduled hearing, or has not produced records or documents requested by the Board of Bar Examiners and has not interposed a good-faith objection to producing the records or documents. The petition shall be supported by an affidavit setting forth sufficient facts to demonstrate the efforts undertaken by the Board of Bar Examiners to obtain the military spouse attorney's cooperation and compliance. A copy of the petition shall be served on the military spouse attorney.

(2)Response to the petition. If the military spouse attorney fails to file a response in opposition to the petition within fourteen (14) days after service of the petition, the Supreme Court may enter an order suspending the military spouse attorney's limited license to practice law until further order of the Supreme Court. The military spouse attorney's response shall set forth facts showing that the military spouse attorney has complied with the requests or the reasons why the military spouse attorney has not complied, and the military spouse attorney may request a hearing.

(3)Supreme Court action. On consideration of a petition for suspension and the military spouse attorney's response, if any, the Supreme Court may suspend the military spouse attorney's limited license to practice law for an indefinite period pending further order of the Supreme Court, deny the petition, or issue any other appropriate orders. If a response to the petition 6 is filed and the military spouse attorney requests a hearing on the petition, the Supreme Court may conduct a hearing or it may refer the matter to the Board of Bar Examiners for an expedited evidentiary hearing under Rule 15-301(C) NMRA. The Board of Bar Examiners' findings of fact and recommendations shall be sent directly to the Supreme Court within seven (7) days after receipt of the parties' proposed findings and conclusions if requested by the Board of Bar Examiners.

(4)Reinstatement. A military spouse attorney suspended under this paragraph may apply to the Supreme Court for reinstatement on proof of compliance with the requests of the Board of Bar Examiners as alleged in the petition, or as otherwise ordered by the Supreme Court. A copy of the application must be delivered to the Board of Bar Examiners, which may file a response to the application within two (2) business days after being served with a copy of the application. The Supreme Court may summarily reinstate a military spouse attorney suspended under the provisions of this paragraph on proof of compliance with the requests of the Board of Bar Examiners.

G.Expiration.

(1) A limited license issued under this rule shall expire one hundred eighty (180) days after the occurrence of any of the earliest of the following events:

(a) the military spouse attorney ceases to be a dependent;

(b) the service member is permanently transferred outside the jurisdiction under military orders, but if the service member has been assigned to an unaccompanied or remote assignment with no dependents authorized, the military spouse attorney may continue to practice under the provisions of this rule until the service member is assigned to a location with dependents authorized;

(c) the military spouse attorney permanently relocates to another jurisdiction for reasons other than the service member's permanent transfer outside the jurisdiction;

(d) the military spouse attorney is admitted to the State Bar of New Mexico under Rules 15-201, 15-202, or 15-107 NMRA; or

(e) the military spouse attorney requests termination.

(2) If any event listed in this paragraph occurs, the military spouse attorney shall notify the Board of Bar Examiners, clients, and courts in which the military spouse attorney has entered an appearance of the event in writing within sixty (60) days of the date on which the event occurs and take appropriate action under Rule 16-116 NMRA of the New Mexico Rules of Professional Conduct in those matters for which the termination of the limited license requires declining or terminating representation.

(3) When a limited license expires or is revoked, a military spouse attorney who resides or maintains a legal residence in this state may be admitted to the practice of law for a particular case under the pro hac vice rules approved by the Supreme Court.

(H)Limited licensee status.

(1) A military spouse attorney granted a limited license under this rule shall be a member of the State Bar of New Mexico and shall be subject to the Rules of Professional Conduct and the Rules Governing Discipline.

(2) Licensees under this rule shall pay the annual license fee under Rule 24-102 4 NMRA and the annual disciplinary fee assessment under Rule 17-203(A) NMRA.

(3) Licensees under this rule shall comply with the Rules for Minimum 6 Continuing Legal Education.

(4) Within one (1) year of receiving a limited license, licensees shall complete a trust accounting class to comply with Rule 17-204 NMRA of the New Mexico Rules Governing Discipline, unless the licensee is exempt under Rule 17-204(E) NMRA.

(5) Within one hundred twenty (120) days of receiving a limited license, the licensee shall submit a statement to the Board of Bar Examiners certifying that the licensee or the law firm employing the licensee is in compliance with the succession planning requirements of Rule 16-119 NMRA of the New Mexico Rules of Professional Conduct.

N.M. R. Bar Adm. 15-301.3

Adopted by Supreme Court Order No. 22-8300-013, effective 10/1/2022.