N.M. R. Gov. Unauth. Prac. Law 17B-007

As amended through February 27, 2024

Rule 17B-007 - Civil contempt proceedings

A. The Supreme Court may use its contempt power to enforce a subpoena issued by the Disciplinary Board, a person's compliance with the Disciplinary Board or disciplinary counsel's investigation into the unauthorized practice of law, a person's compliance with the terms of a consent agreement reached in accordance with Subparagraph (3) of Paragraph E of Rule 17B-004 NMRA, or a Court ordered injunction issued under Rule 17B-006 NMRA.

B. Chief disciplinary counsel, or chief disciplinary counsel's designee, shall bring the following to the attention of the Court in a verified motion for order to show cause:

(1) a person's failure to obey a Disciplinary Board subpoena;

(2) a person's obstruction of the Disciplinary Board or disciplinary counsel in the performance of their duties;

(3) a respondent's failure to comply with any Court order; or

(4) a respondent's failure to abide by the terms of a consent agreement entered into under Subparagraph (3) of Paragraph E of Rule 17B-004 NMRA.

C. The Court may enter an order directing the respondent to appear before the Court and show good cause why the respondent should not be held in contempt of court and why the Court should not impose sanctions on the respondent. If factual allegations are in dispute, the Court may remand the matter to the Disciplinary Board for an evidentiary hearing before a hearing officer under Rule 17B-005 NMRA.

D. The Court may impose on a person held in civil contempt of court such fines, restitution, costs, imprisonment, or other terms that the Court deems proper.

N.M. R. Gov. Unauth. Prac. Law 17B-007

Adopted by Supreme Court Order No. 13-8300-015, effective 8/23/2013.