N.M. R. Gov. Disc. 17-101

As amended through November 1, 2024
Rule 17-101 - The Disciplinary Board
A.Appointment and composition. There is established a board to be known as "the Disciplinary Board", hereinafter referred to as "the board", which shall consist of twelve members, as follows: ten members of the bar of this state and two non-lawyer public members. The Supreme Court shall appoint nine of the lawyer members and the two non-lawyer public members. The president of the state bar shall appoint one lawyer member of the board. Each disciplinary district shall have at least one attorney member on the board.
B.Qualifications of public members. A "nonlawyer public member" is a person who:
(1) has never engaged in the practice of law; and
(2) has not graduated from a law school. The nonlawyer public members may not be directly employed by a lawyer subject to the jurisdiction of these rules or have any direct significant financial interest in the practice of law.
C.Terms of office. The term of office of members of the disciplinary board shall be three (3) years. No member shall serve for more than six (6) consecutive years. A member may, however, be reappointed after a lapse of one (1) year. Six members shall constitute a quorum; provided, however, that reviews of hearing committee reports may be conducted and decisions thereon made by a panel consisting of a lesser number of members as hereinafter provided.
D.Abstention of board members. Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain. No member of the board may personally represent a lawyer in any proceeding conducted pursuant to these rules while serving as a member of the board or for a period of one (1) year following completion of service as a member of the board.
E.Officers. The Supreme Court shall designate one attorney member as chair, and another as vice-chair to act in the absence or disability of the chair. The chair shall not participate in the review of any hearing committee decision by the disciplinary board, or by a panel thereof. In addition to the chair and vice-chair designated by the Supreme Court, the Disciplinary Board shall, from time to time, designate one of its members to act as secretary. The secretary shall record and keep permanent records of all plenary proceedings of the board.

N.M. R. Gov. Disc. 17-101

As amended effective,9/1/1995.

ANNOTATIONS The 1995 amendment, effective September 1, 1995, deleted "one of whom shall be designated by the Court as chairman and another as vice chairman to act in the absence or disability of the chairman" following "lawyer members" in the second sentence in Paragraph A, added Paragraph D and redesignated former Paragraph D as Paragraph E, and rewrote the last sentence of Paragraph E and made gender neutral changes throughout that paragraph. Compiler's notes. - The following cases were decided pursuant to 21-2-1(3), div. 3 (1.01) and (1.02), 1953 Comp., of the former "Supreme Court Rules", which are similar to this rule. Though recommendation of referees is not controlling upon supreme court, it is entitled to great weight. In re Southerland, 1966-NMSC-091, 76 N.M. 266, 414 P.2d 495. Respondent must be allowed record without advance payment. - The requirements of procedural due process are not met if respondent in disciplinary proceeding is denied the benefit of the record upon which the referee's recommendation is based, unless he pays for it in advance. Since under the procedure specified in the rules the hearing is before referees and the court's decision is based on their findings, conclusions and recommendations, when exceptions are taken to the proof relied upon to support the same, it would seem self-evident that the record of that proof must be available for examination and review. In re Nelson, 1968-NMSC-028, 78 N.M. 739, 437 P.2d 1008. Law reviews. - For comment, "The Clark Report and the Revised New Mexico Disciplinary Procedures," see 2 N.M.L. Rev. 292 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 87 to 97. Delay in prosecution of disciplinary proceeding as defense or mitigating circumstance, 93 A.L.R.3d 1057. 7A C.J.S. Attorney and Client § 88.