N.M. R. Gov. Disc. 17-203

As amended through November 1, 2024
Rule 17-203 - Assessment of attorneys; child support compliance
A.Annual disciplinary fee assessment. Every attorney required to register in accordance with Rule 24-102.1 NMRA, other than attorneys who serve or retired as a justice, judge, or magistrate and retired, suspended, or disbarred attorneys, shall, prior to January of each year, pay to the Disciplinary Board an annual disciplinary fee in the amount of one hundred fifty dollars ($150.00). The annual disciplinary fee assessment shall be submitted to the state bar at the time the registration statement required under Rule 24-102.1 NMRA is submitted. Annual disciplinary fee assessments collected by the state bar shall be deposited in an account in a financial institution in the name of the Disciplinary Board. The funds deposited in the Disciplinary Board account may be expended to defray the costs of processing attorney registration, disciplinary enforcement, and for such other purposes as the Disciplinary Board shall, with the approval of the Court, from time to time determine upon the signature of the chair or vice-chair of the Board. The Disciplinary Board shall make a monthly financial report to the Supreme Court of all receipts and disbursements.
B.Failure to pay. Any attorney who fails to pay the fee required under Paragraph A of this rule shall be summarily suspended. Members whose fees are received after the last day of February may be assessed a late penalty fee as determined by the Disciplinary Board and if received after March 31 an additional late penalty fee may be assessed.
C.Failure to comply with child support obligations. Every attorney admitted to practice in this state must comply with any "judgment and order for support" as defined in the Parental Responsibility Act. Any attorney who fails to comply with a child support order shall be summarily suspended upon the filing with the Supreme Court of a certificate of non-compliance issued by the Child Support Enforcement Division of the Human Services Department and a certified copy of the order of a court of competent jurisdiction finding non-compliance with the attorney's child support obligation. A suspended attorney may be readmitted upon filing with the Supreme Court a certificate of compliance issued by the Child Support Enforcement Division of the Human Services Department, provided that the certificate of compliance is dated no later than six (6) months after the effective date of the summary suspension of the attorney. If an attorney remains suspended for more than six (6) months for failure to comply with a child support order, the attorney shall seek reinstatement under Rule 17-214(B)(2), (D), (E), (F), and (G) NMRA.
D.Payment of arrears. Any attorney who has been suspended under the provisions of Paragraph B of this rule shall, as a condition precedent to reinstatement, pay all arrears due from the date of the attorney's last payment to the date of the attorney's request for reinstatement.
E.Reinstatement. Prior to the reinstatement of any attorney under Rule 17-214 NMRA, the attorney shall pay the annual disciplinary and state bar fees for the year of reinstatement and any costs or restitution ordered or agreed to be paid by the attorney in any disciplinary matter.

N.M. R. Gov. Disc. 17-203

As amended, effective 1/1/1988;1/1/1999; as amended by Supreme Court Order No. 05-8300-015, effective 8/26/2005; as amended by Supreme Court Order No. 15-8300-023, effective 12/31/2015; as amended by Supreme Court Order No. 18-8300-009, effective 12/31/2018; as amended by Supreme Court Order No. 21-8300-030, effective 12/31/2021.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-009, effective December 31, 2018, provided additional rules for the reinstatement of attorneys suspended for failure to comply with child support obligations; in Paragraph C, after "Human Services Department", added "provided that the certificate of compliance is dated no later than six (6) months after the effective date of the summary suspension of the attorney. If an attorney remains suspended for more than six (6) months for failure to comply with a child support order, the attorney shall seek reinstatement under Rule 17-214(B)(2), (D), (E), (F), and (G) NMRA". The 2015 amendment, approved by Supreme Court Order No. 15-8300-023, effective December 31, 2015, made stylistic changes; in Paragraph A, in the first sentence, after "other than attorneys", deleted "appointed or elected to" and added "who", after "serve", added "or retired", in the second sentence, after "shall be", deleted "mailed" and added "submitted", and in the fourth sentence, after "signature of the", deleted "chairman or vice-chairman" and added "chair or vice-chair"; in Paragraph C, in the second sentence, after "non-compliance with the", deleted "lawyer's" and added "attorney's"; in Paragraph D, after each occurrence of "the date of", deleted "his" and added "the attorney's"; and in Paragraph E, after the first occurrence of "attorney", deleted "pursuant to" and added "under", and after "Rule 17-214 NMRA", deleted "of these rules". The 2005 amendment, approved by Supreme Court Order No. 05-8300-015, effective August 26, 2005, amended Paragraph A to specify the amount of the disciplinary fee previously approved by the Supreme Court. The 1998 amendment, effective January 1, 1999, added present Paragraph C and redesignated former Paragraphs C and D as Paragraphs D and E. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 10, 11. 7 C.J.S. Attorney and Client § 7.