N.M. R. Gov. Unauth. Prac. Law 17B-008

As amended through February 27, 2024

Rule 17B-008 - Immunities

A.Immunity from civil suit. Members of the Disciplinary Board, hearing officers, disciplinary counsel, their respective staff, and any other agents of the Disciplinary Board shall be immune from suit as provided by statute or common law for all conduct in the course of their official duties. Immunity from suit shall also extend, as provided by statute or common law, to complainants and witnesses for all communications to the Disciplinary Board, hearing officers, or disciplinary counsel relating to allegations of unauthorized practice of law.

B.Witness use immunity. If a person has been or may be called to testify or to produce a record, document, or other object in an official proceeding conducted under these rules, such person or disciplinary counsel may file a written application with the Supreme Court requesting the Court to issue a written order requiring the person to testify or to produce the record, document, or other object notwithstanding the person's privilege against self-incrimination. Disciplinary counsel shall give the appropriate prosecuting authority notice of any application filed under this paragraph. After considering the application and any objection filed by the appropriate prosecuting authority, the Court may grant the application and may issue a written order under this paragraph if the Court makes the following findings:

(1) production of the testimony, record, document, or other object may be necessary to protect the public interest; and

(2) the person has refused or is likely to refuse to testify or to produce the record, document, or other object on the basis of the person's privilege against self-incrimination.

C.Use of evidence obtained under immunity order precluded. Where evidence has been obtained under the provisions of this rule through an order requiring a person to testify or to produce a record, document, or other object notwithstanding the person's privilege against self-incrimination, neither that evidence nor any information directly or indirectly derived from that evidence may be used against the person in any criminal case except a prosecution for perjury committed in the course of testifying or in a contempt proceeding for failure to comply with the order.

N.M. R. Gov. Unauth. Prac. Law 17B-008

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