Rule 17-106 - Salaries and expenses; assessmentsA.Salaries and expenses. The annual salaries of disciplinary counsel, their expenses, the per diem and mileage expenses of the members of the Disciplinary Board and hearing committees and other fixed overhead costs incurred in the implementation or administration of these rules shall be paid by the board out of the funds collected under the provisions of Rule 17-203.B.Assessments. The Supreme Court, or in the case of formal reprimands and informal admonitions the Disciplinary Board, has the power and authority to assess against the respondent-attorney who has been determined to have committed an act or omission which violates the Rules of Professional Conduct or these rules, all costs incurred in a disciplinary proceeding, including, but not limited to, the cost of depositions, exhibits, transcripts, witnesses and the expenses of hearing committee members and members of the Disciplinary Board who participate in the proceedings. The Supreme Court, or in the case of formal reprimands and informal admonitions the Disciplinary Board, may also assess a respondent-attorney for the expenses and costs of an investigation which were incurred in the handling of a disciplinary proceeding against the attorney. The order imposing discipline will include a statement of any costs assessed, a date by which said costs will be paid to the Disciplinary Board and the rate of interest that will accrue thereafter. The order of discipline assessing costs will constitute an enforceable judgment as defined by law, and the Disciplinary Board may enforce any unpaid judgment pursuant to the remedies available at law to any judgment creditor.N.M. R. Gov. Disc. 17-106
As amended, effective 9/1/1989;2/1/1994; as amended by Supreme Court Order No. 15-8300-022, effective 12/31/2015. ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-022, effective December 31, 2015, authorized the assessment of certain costs for informal admonitions against respondent-attorneys who have violated the Rules of Professional Conduct; in Paragraph B, after each occurrence of "formal reprimands", added "and informal admonitions". The 1994 amendment, effective February 1, 1994, substituted "The Supreme Court, or in the case of formal reprimands" for "Upon recommendation of the hearing committee" at the beginning of Paragraph B, and added the last two sentences of Paragraph B.
For costs in disbarment proceedings, see 36-2-22 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7A C.J.S. Attorney and Client § 119.