Rule 17B-004 - InvestigationA.Commencing an investigation. Promptly after receiving or initiating a complaint alleging the unauthorized practice of law, chief disciplinary counsel, or chief disciplinary counsel's designee, shall determine whether to proceed with an investigation. In making that determination, disciplinary counsel may make such inquiry regarding the underlying facts as disciplinary counsel deems appropriate.B.Notice to respondent. If disciplinary counsel decides to proceed with an investigation, the respondent shall be notified that the investigation is underway, provided with a copy of the complaint, and asked to file with disciplinary counsel a response to the complaint within fourteen (14) days of the date that disciplinary counsel mails or otherwise serves notice of the complaint to the respondent. Disciplinary counsel may grant a brief extension of time for such a response upon a showing of good cause by the respondent.C.Board's subpoena authority. The Disciplinary Board chair or a hearing officer appointed by the Disciplinary Board under Paragraph D of Rule 17B-005 NMRA may issue subpoenas in the name of the Disciplinary Board or the Supreme Court, upon a showing of good cause, to compel the attendance of respondents and other witnesses or to compel the production of books, papers, documents, or other evidence. Any person subpoenaed to appear and give testimony, or to produce books or records, who refuses to appear and give testimony, or to produce books or records, and any person having been sworn to testify and who refuses to answer any proper questions, may be held in contempt of the Supreme Court under Rule 17B-007 NMRA. Any person who knowingly obstructs the Disciplinary Board or disciplinary counsel in the performance of their duties may be held in contempt of the Supreme Court under Rule 17B-007 NMRA. D.Dismissal of complaints. If, after investigation of the complaint, chief disciplinary counsel, or chief disciplinary counsel's designee, determines that the complaint should be dismissed, the respondent and the person making the complaint shall be notified in writing of that decision. The dismissal may contain appropriate cautionary language to the respondent. The person making the complaint may request review of the dismissal by a member of the Disciplinary Board. Upon review, the board member's determination is limited to either concurring in the dismissal or ordering additional investigation by disciplinary counsel.E.Prosecution of unauthorized practice of law. If, after conducting an investigation, chief disciplinary counsel, or chief disciplinary counsel's designee, believes that the respondent has engaged in the unauthorized practice of law, chief disciplinary counsel, or chief disciplinary counsel's designee, may do one of the following: (1) commence civil injunction proceedings as provided in Rule 17B-005 NMRA;(2) commence contempt proceedings as provided in Rule 17B-007 NMRA; or(3) enter into a consent agreement with the respondent in which the respondent agrees to do one or more of the following: (a) refrain from the conduct in question;(b) refund any fees collected;(d) pay a fine that may range from one hundred dollars ($100) to two hundred and fifty dollars ($250) per incident of unauthorized practice of law.N.M. R. Gov. Unauth. Prac. Law 17B-004
Adopted by Supreme Court Order No. 13-8300-015, effective 8/23/2013.