A.Protection of public. An attorney who is the subject of an investigation into allegations of misconduct may resign from the bar of this state only with consent of the Supreme Court and upon such just terms as the Court may impose for the protection of the public.B.Sworn statement. An attorney wishing to resign under the provisions of this rule shall submit a sworn written statement to the Supreme Court admitting to the truth of the charges served, or if no charges have been served by the Disciplinary Board, admitting to the truth of the allegations filed against the attorney and consenting to the Supreme Court requiring reasonable conditions for protection of the public, including making a permanent record of the fact of the resignation under this rule with all appropriate authorities, state or national.C.Procedure. The Supreme Court shall notify disciplinary counsel of any application to resign and disciplinary counsel may submit such matter of fact or argument as disciplinary counsel may desire. The Court shall then enter its order accepting or rejecting the tendered resignation upon such just terms as may be appropriate.D.Final order. The application for leave to resign and the Supreme Court's final order disposing thereof are matters of public record and subject to publication.E.Reinstatement. Any attorney whose resignation under this rule is accepted may not apply for readmission or reinstatement to the bar of this state, except by leave of the Supreme Court which the Supreme Court may grant or deny in its sole discretion. If the Supreme Court allows an application for readmission to be filed, the matter shall be referred to the Disciplinary Board for review in accordance with Rule 17-214. The Supreme Court may in the order accepting a resignation provide that an attorney may not apply for readmission or reinstatement to the bar of this state, or it may set a minimum time period that must pass before an attorney may apply for readmission or reinstatement. If the Supreme Court does not prohibit an attorney from applying for readmission or reinstatement and does not otherwise set a minimum time period before such an application may be filed, any attorney who resigns may not apply for readmission or reinstatement any sooner than three (3) years after the attorney's resignation is effective. If the Supreme Court allows an attorney to apply for readmission or reinstatement, the Court may condition reinstatement upon: (1) the successful completion of the New Mexico Bar Examination prior to reinstatement; (2) a character and fitness evaluation by the Board of Bar Examiners, with the applicant paying whatever fee the Board of Bar Examiners determines is appropriate for such evaluation, and directing that any recommendations based on such evaluation shall be made a part of the record during reinstatement proceedings; (3) a medical, mental health and/or substance abuse evaluation by an evaluator approved by the Court and paid for by the applicant to determine the applicant's fitness to return to the practice of law; (4) the successful completion of all continuing education credit requirements applicable to active, licensed New Mexico attorneys for each compliance year during the applicant's absence from practice; (5) taking and attaining at least an 85 scaled score on the Multi-State Professional Responsibility Examination given by the Board of Bar Examiners; and (6) such other conditions as the Court may require.N.M. R. Gov. Disc. 17-209
As amended by Supreme Court Order No. 12-8300-008, effective 4/5/2012. ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-008, effective April 5, 2012, permitted the Supreme Court to deny an attorney who has resigned the right to apply for readmission or reinstatement and to set minimum time periods before an attorney may apply for readmission or reinstatement, specified requirements the Supreme Court may impose as conditions of reinstatement; provided that if the Supreme Court does not set a minimum time period before an attorney may apply for readmission or reinstatement, the minimum time period is three years after the date of the resignation; in Paragraph B, after "sworn written statement", added "to the Supreme Court"; after "admitting to the truth of the charges", deleted "against him" and added "served"; in Paragraph C, in the first sentence, after "any application to resign and", added "disciplinary"; in Paragraph D, after "public record", added "and subject to publication"; and in Paragraph E, in the first sentence, after "except by leave of the Supreme Court", added the remainder of the sentence: in the second sentence, after "The Supreme Court may", added the remainder of the sentence; added the fourth sentence; and in the fifth sentence, added the language before "the Multi-State Professional Responsibility Examination", and added the remainder of the sentence after "the Multi-State Professional Responsibility Examination". Voluntary surrender of license. - When respondent, at the hearing before the Supreme Court on charges of commingling of funds, offered to surrender his license to practice, and requested that such voluntary surrender of his license be accepted by the court under the provisions of Rule 3.04 of the Rules for Disciplinary Procedure adopted August 22, 1960 (after the misconduct charged occurred), he could not, after the court's acceptance of his license, thereafter be heard to complain that such rule was inapplicable. State Bar of N.M. v. Muldavin, 1963-NMSC-005, 71 N.M. 230, 377 P.2d 526 (decided pursuant to 21-2-1(3), div. 3 (3.04), 1953 Comp.) Resignation by attorney permissible. - Resignation by attorney was permissible since there were no allegations or admissions establishing conclusively that the attorney who commingled client funds actually converted the funds to his own use and where the attorney acknowledged his wrongdoing and requested permission to resign prior to the conclusion of a hearing and the entry of findings of misconduct. In re Norton, 1991-NMSC-100, 113 N.M. 56, 823 P.2d 298. Resignation by attorney is not permissible if it has been found that he engaged in intentional misconduct involving misrepresentation and moral turpitude in the misappropriation of his clients' funds and after receiving notice that the Disciplinary Board had recommended his disbarment to the court. In re Duffy, 1985-NMSC-034, 102 N.M. 524, 697 P.2d 943. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law § 27. Propriety of attorney's resignation from bar in light of pending or potential disciplinary action, 54 A.L.R.4th 264. 7 C.J.S. Attorney and Client §§ 5, 59.