A.Conditional admission. At any time prior to a hearing committee holding a formal hearing and issuing its findings of fact, conclusions of law, and recommended discipline, an attorney against whom formal charges have been made may tender to disciplinary counsel, by a sworn written statement, a conditional agreement admitting to or agreeing not to contest any or all of the allegations or charges.B.Acceptance. The tendered agreement shall be submitted to the hearing committee for consideration along with the recommendations of disciplinary counsel. Within thirty (30) days of the agreement being tendered to the hearing committee, the hearing committee shall issue a decision either accepting or rejecting the agreement. In considering the agreement and reaching its decision, the hearing committee shall take any and all steps that it deems are reasonably necessary to consider the factual basis for the admission of, or agreement not to contest, any or all of the allegations or charges, including the factual basis for the finding of, or agreement that, the respondent-attorney has violated the New Mexico Rules of Professional Conduct and that the agreed upon discipline is appropriate in light of the stipulated misconduct and the previous discipline imposed in reasonably similar matters. Such steps may include, but are not limited to, admitting and considering stipulated exhibits, reviewing any written admissions or stipulations of fact offered to the committee, reviewing memoranda or briefs submitted by either the respondent-attorney or disciplinary counsel, or, in the committee's discretion, setting a hearing to question and otherwise take testimony from the respondent-attorney and, if necessary, other witnesses, concerning the agreement. If the hearing committee rejects the agreement, it shall proceed to schedule and conduct a hearing pursuant to Rule 17-313 NMRA. If the hearing committee accepts the agreement, it shall forward it to the board along with an explanation of its reasons for recommending the acceptance and the record made by the hearing committee in considering the agreement. The agreement may be approved or rejected by the board. The board may convene a hearing to consider the tendered agreement and may seek the supplementation of the record with any additional evidence it deems necessary to consider the agreement. If the board accepts an agreement (1) it shall approve the disposition provided for in the tendered agreement and: (a) if the discipline agreed to by the attorney includes resignation, disbarment, suspension, probation, transfer to disability inactive status, or public censure by the Supreme Court, the agreement, along with the complete record of the proceedings, shall be filed by the board with the Supreme Court for consideration of the entry of an order imposing the discipline provided for in the agreement, rejection of the agreement, or approval of the agreement with any modifications requested by the Supreme Court and agreed to by the respondent-attorney and disciplinary counsel;(b) if the discipline agreed to by the attorney provides for a formal reprimand or probation by the board, the board shall impose the discipline provided for in the agreement; or(c) if the discipline agreed to by the attorney provides for an informal admonition by disciplinary counsel, the board shall direct disciplinary counsel to impose the discipline provided for in the agreement; or(2) if the attorney admitted sufficient facts to permit a finding that the allegations are true, but does not agree that the facts constitute misconduct or to a specific form of discipline, the hearing committee shall conduct a hearing pursuant to Rule 17-313 NMRA to determine whether the facts constitute misconduct and, if they do, the appropriate form of discipline, if any, to be imposed. The committee shall then file its findings, conclusions, and recommendations with the board in accordance with Rule 17-313 NMRA.C.Rejection. If the agreement is rejected by the hearing committee, board or Supreme Court, the admission shall be withdrawn and the agreement, or any factual stipulations or admissions made in connection with the agreement or at any hearing held to consider the agreement, cannot be used against the attorney or disciplinary counsel in any subsequent disciplinary proceedings or in any other judicial proceeding.D.Inquiry of attorney. The board shall not accept an agreement without first determining from the attorney that(1) the attorney understands the charges against the attorney;(2) the attorney understands the proposed disposition of the proceedings;(3) the attorney understands that if the agreement is accepted the attorney is waiving the right to a hearing before a hearing committee and the board and is waiving an appeal to the Supreme Court; and(4) the admission or provisions of the consent decree are voluntary and not the result of force or threats or promises other than any consent decree agreement reached.E.Filing of agreement. If the agreement is accepted by the board and if the agreement provides for resignation, disbarment, suspension, probation, transfer to disability status, or public censure by the Supreme Court, the chair of the board shall file the agreement with the Supreme Court along with the record of the proceedings. Upon the application of the chair, and for good cause shown, the Supreme Court may order the agreement sealed and in such event it shall not be disclosed or made available for use in any other proceeding except upon order of the Supreme Court. An order imposing discipline pursuant to an agreement shall not be sealed.N.M. R. Gov. Disc. 17-211
As amended, effective 1/1/1986 and4/1/1988; as amended by Supreme Court Order No. 06-8300-032, effective 1/15/2007; as amended by Supreme Court Order No. 13-8300-045, effective 12/31/2013. ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-045, effective December 31, 2013, provided for the evaluation by the hearing committee of the factual basis of a conditional agreement or agreement not to contest disciplinary charges; provided for a thirty-day limitation within which to accept or reject an agreement; in Paragraph A, at the beginning of the sentence, deleted "An" and adds the language beginning with "At" and ending with "discipline, an", after "disciplinary counsel", added "by a sworn written statement", after "conditional agreement admitting to", added "or agreeing not to contest", after "not to contest any", added "or all", after "or all of the", added "allegations or", and after "allegations or charges", deleted "by a sworn written statement: (1) admitting sufficient facts to permit a finding that the allegations are true; or (2) declaring the attorney's intention not to contest the allegations"; in Paragraph B, adds the second through the fourth sentences, in the sixth sentence, after "recommending the acceptance", added the remainder of the sentence, and in the eighth sentence, at the beginning of the sentence, after "The", deleted "committee or board, or both" and added "board" and after "the tendered agreement", added the remainder of the sentence; in Item (a) of Subparagraph (1) of Paragraph B, after "Supreme Court, the agreement", added "along with the complete record of the proceedings", after "shall be filed", added "by the board", after "with the Supreme Court for", added "consideration of the", and after "provided for in the agreement", added the remainder of the sentence; in Paragraph C, after "If the", deleted "agreement was conditioned upon a particular sanction and the", after "shall be withdrawn and", added "the agreement, or any factual stipulations or admissions made in connection with the disciplinary counsel", and after "against the attorney", added "or disciplinary counsel", and in Paragraph E, in the first sentence after "the agreement with the Supreme Court", added "along with the record of the proceedings". The 2006 amendment, approved by Supreme Court Order No. 06-8300-32, effective January 15, 2007, revised the first sentence of Paragraph E to require the filing of a discipline by consent agreement with the Supreme Court if the agreement provides for resignation, disbarment, suspension, probation or transfer to disability status or public censure by the Supreme Court. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 27, 31. 7A C.J.S. Attorney and Client §§ 99, 108.