Rule 15-304 - Public employee and public defender 1 limited license methodA.Description. As further specified in this rule, an applicant may apply for a limited license which permits that applicant to practice on behalf of government agencies or in the representation of public defender clients. Submission of a complete application by a qualified applicant will result in expedient issuance of a temporary limited license until the board completes its investigation at which time the applicant may be issued a limited license.B.Application deadline. An application for a license under this rule may be submitted at any time.C.Qualifications. An applicant for a license under this rule shall provide proof that the applicant: (1) meets the qualifications set forth in Rule 15-202 NMRA;(2) is actively licensed to practice law in at least one other state without condition, restriction, or limitation;(3) is in good standing in all states in which applicant has ever been licensed to practice law;(4) has passed the examination of professional responsibility and legal ethics described in Rule 15-503 NMRA; and(5) is employed by a government entity or by either a firm or organization that has been awarded a contract to represent public defender clients, by providing a certificate from the applicant's supervisor confirming the applicant has been so employed, and committing to notify the board and the Supreme Court when the applicant is no longer employed by the government entity, firm, or organization.D.Character and fitness. The board shall make a determination about the character and fitness of an applicant as set forth in Rule 15-205 NMRA for any applicant who has submitted 5 an application for a license under this rule. An applicant shall pay any fees and costs associated 6 with a character and fitness hearing.E.Procedure for issuance. Within ten (10) business days of the board's receipt from an applicant of (a) a completed application for a license under this rule, (b) the required fees, and (c) documents described in Subparagraphs (C)(1) and (C)(2), above, the board shall provide the applicant's name to the Supreme Court for issuance of a temporary limited license; (1) The Clerk of the Supreme Court shall then promptly issue a temporary limited license to the applicant;(2) The board shall then complete an investigation and make a determination of the applicant's character and fitness; and(3) on the board's determination the applicant is qualified and has the requisite character and fitness, then the board shall follow the requirements of Rule 15-207(A) NMRA for recommending issuance of a license to the applicant.F.Fees and costs. The following fees and costs must be paid by the applicant on submission of the application for a license under this rule, and shall not offset fees and costs required to apply for another method of licensure: (1)Application fee. An application fee according to a published schedule of application fees promulgated by the board and approved by the Supreme Court; and(2) Investigation costs. Investigation costs according to the schedule of pass- through costs promulgated by the board.G.Specific ongoing requirements. An applicant approved for a temporary limited license or limited license under this rule shall comply with the requirements of Rule 15-206 NMRA and Rule 15-207 NMRA, and additionally, the attorney shall inform the board immediately of 5 change of employment.H.Limitations. A person practicing law under a license issued under this rule may only practice law as: (1) an employee of a governmental entity, or (2) as a private practice attorney 8 exclusively employed in the exclusive representation of public defender clients.I.Expiration.(1) A license issued under this rule shall expire on the earlier of:(a) the licensee's cessation of employment with the governmental entity, unless the licensee: (i) has already accepted employment with another government entity;(ii) notifies the board of the change in employment; and(iii) provides a new certificate as described in Subparagraph (C)(4) of this rule; or(b) the licensee being issued a license to practice law under another method of licensure described in these rules.(2) On expiration of the limited license, the board shall notify the Supreme Court that the limited license has expired, and whether the attorney has been issued a license under another method of licensure. The Supreme Court shall then summarily order that the attorney may no longer practice law under that limited license.(3) An attorney whose temporary limited license or limited license has expired, and who resides or maintains a residence within this state, shall not be admitted to the practice of law for a particular case under the pro hac vice rules approved by the Supreme Court.J.Suspension. A license issued under this rule is subject to suspension as described in the Rules Governing Discipline, Rules 17-101 to -316 NMRA. In addition, a temporary limited license issued under this rule may be suspended by the Supreme Court for an indefinite period as follows: (1)Petition by board. The board may file a petition, under Rule 15-404 NMRA, to suspend a temporary limited license which shows that the licensee has not qualified for the license, complied with board requirements for a character and fitness investigation, responded to requests for information, appeared for a scheduled hearing, or produced records or documents requested by the board. One or more affidavits shall be attached to the petition identifying the efforts undertaken by the board to obtain the licensee's cooperation and compliance, whether the licensee interposed objections to producing the records or documents, and whether objections interposed by the licensee appear to have been made in good faith. In addition to service requirements required for a petition, a copy of the petition shall be served on the licensee's employer. Any response filed by the licensee shall set forth facts showing that the licensee has complied with the board's requests or the reasons why the licensee has not complied.(2)Reinstatement. The Supreme Court may summarily reinstate a temporary limited license suspended under the provisions of this paragraph, on the licensee's filing of a motion for reinstatement with the Supreme Court, which proves compliance with the requirements of the board as alleged in the petition to suspend or as otherwise ordered by the Supreme Court. The licensee shall serve the motion on the board, and the board may file a response within five (5) business days of service. The licensee and the board may also submit an agreed motion to reinstate the licensee's temporary limited license.(3)No pro hac vice admittance. A licensee suspended under this rule shall not 5 be admitted to the practice of law for a particular case under the pro hac vice rules approved by 6 the Supreme Court.K.Revocation. A license issued under this rule is subject to revocation as described 8 in Rule 15-201(F) NMRA and the Rules Governing Discipline, Rules 17-101 to -316 NMRA. In 9 addition, a license issued under this rule may also be revoked by the Supreme Court as follows: (1)Summary revocation on petition by board. The Clerk of the Supreme Court shall summarily revoke a license issued under this rule on filing of a petition by the board, under Rule 15-404 NMRA, which shows that the board has determined the licensee does not have the character and fitness to practice law in New Mexico. In addition to service requirements required for petitions, a copy of the petition shall be served on the licensee's employer.(2)Other revocation. The Supreme Court may revoke a license issued under 16 this rule on the board's filing of a petition, under Rule 15-404 NMRA, showing the attorney's 17 violation of this rule or any other rule approved by the Supreme Court regulating the licensing or 18 conduct of attorneys. In addition to service requirements required for petitions, a copy of the 19 petition shall be served on the licensee's employer.(3)No appearances; no pro hac vice admission. Except as ordered by the Supreme Court, a licensee whose license has been revoked under this rule shall not appear in any court in this state as an attorney, and shall not be admitted to the practice of law for a particular case under the pro hac vice rules approved by the Supreme Court. Approved, effective 6/13/2000; as amended effective 2/28/2002; October 24, 2003; March 29, 2004; as amended by Supreme Court Order No. 05-8300-010, effective September 1, 4 2005; as amended by Supreme Court Order No. 17-8300-007, effective 8/1/2017; Rule 15-5 301.1 NMRA amended and recompiled as Rule 15-304 NMRA by Supreme Court Order No. S-1-6 RCR-2023-00036, effective 12/31/2023. ANNOTATIONS The 2010 amendment, approved by Supreme Court Order No. 10-8300-017, effective March 30, 2010, in the eighth sentence, after "I will", added "maintain civility at all times". The 1994 amendment, effective November 1, 1994, deleted "Roll and" from the rule heading and made gender neutral changes throughout the rule.