N.M. R. Gov. Disc. 17-105

As amended through August 23, 2024

Rule 17-105 - Disciplinary counsel

A.Appointment. Subject to the approval of the Supreme Court, the Disciplinary Board shall appoint a chief disciplinary counsel, and a deputy disciplinary counsel. The Disciplinary Board shall appoint such other assistant disciplinary counsel as may be recommended by chief disciplinary counsel and required for efficient performance of the work and all to serve at the pleasure of the board under the supervision of chief disciplinary counsel, or chief disciplinary counsel's designee. Chief disciplinary counsel's supervisory authority shall include but not be limited to the authority to discipline, including the authority to terminate the employment of any employee of the Disciplinary Board without prior approval of the board. Subject to the approval of the Supreme Court, the board shall fix the compensation of counsel, if any, and shall promulgate policies for the orderly and efficient conduct of their duties.

B.Powers. Chief disciplinary counsel, or chief disciplinary counsel's designee when approved by chief disciplinary counsel, shall have the power to do the following:

(1) to docket for formal investigation any complaint which sets forth reasonable grounds to believe that a violation of the Rules of Professional Conduct or a violation of these rules has occurred;

(2) to investigate or to refer for investigation to deputy disciplinary counsel, assistant disciplinary counsel, special assistant disciplinary counsel as provided in Paragraph F of Rule 17-307 NMRA, or to an investigator, all matters involving alleged misconduct by an attorney subject to the jurisdiction of the Supreme Court when called to chief disciplinary counsel's attention by the written complaint of any person. If the complaint is initiated by chief disciplinary counsel, it shall be entitled "chief disciplinary counsel complaint". All investigations and hearings shall be promptly conducted and any matter resulting in a consent to or recommendation of discipline involving suspension, disbarment, public censure or probation shall be reported upon to the Supreme Court as quickly as reasonably possible unless the Disciplinary Board determines that a stay is necessary to avoid interference with pending civil or criminal litigation, prejudice to clients or injury to public interest;

(3) to dispose of all matters involving alleged misconduct by an attorney by the following:

(a) dismissal of the complaint. A dismissal of a complaint that has been docketed for formal investigation is effective only after review and concurrence by a reviewing officer;

(b) letter of caution;

(c) informal admonition. An informal admonition may be made by disciplinary counsel only after review and approval by a reviewing officer; or

(d) the filing of formal charges with the Disciplinary Board;

(4) to prosecute all disciplinary proceedings before hearing committees, the Disciplinary Board and the Supreme Court either in person or through deputy disciplinary counsel, assistant disciplinary counsel, or special assistant disciplinary counsel as provided in Paragraph F of Rule 17-307 NMRA; and

(5) to seek to resolve informally allegations which on their face would not, even if true, involve violations of the Rules of Professional Conduct but which are of concern to the complainant and could easily be corrected by the attorney.

C.Duties. Chief disciplinary counsel shall have the duty to do the following:

(1) to receive or initiate in the first instance all complaints, and to maintain docket control, files and records upon any matter upon which an investigation is initiated;

(2) to appear at hearings conducted upon motions for reinstatement by suspended or disbarred attorneys; to cross-examine witnesses testifying in support of the motions and to present any evidence in opposition to reinstatement either in person or through deputy disciplinary counsel, assistant disciplinary counsel, or special assistant disciplinary counsel as provided in Paragraph F of Rule 17-307 NMRA;

(3) to maintain permanent records of all matters processed and the disposition thereof, and to act as the general administrative officer for the Disciplinary Board under its direction and supervision;

(4) to file quarterly status reports with the Disciplinary Board and the Supreme Court indicating the receipt, processing, and status of all complaints. A full explanation shall be orally presented to the chair of the board or the chair's designee, for any matters pending in investigation for over ninety (90) days; and

(5) to keep all complaints and other disciplinary matters confidential except as otherwise provided by these rules.

D.Investigators. The Disciplinary Board may appoint one or more experienced investigators to assist disciplinary counsel in the performance of their duties under these rules. Such investigator shall serve under terms and conditions, and for such period and compensation, as may, from time to time, be specified by the board, and shall be subject to the rules of the board regarding confidentiality of investigations conducted by disciplinary counsel.

E.Private practice prohibited. Salaried disciplinary counsel shall not engage in the private practice of law. With prior permission of the Disciplinary Board, they may, however, speak, write, lecture, teach and participate in other activities concerning the law, the legal system and the administration of justice

N.M. R. Gov. Disc. 17-105

As amended, effective 12/1/1990; as amended by Supreme Court Order No. 11-8300-022, effective 3/28/2011.

ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-022, effective March 28, 2011, in Paragraph A, provided for the appointment of assistant disciplinary counsel by the chief disciplinary counsel and the supervision and discipline, including termination, of assistant disciplinary counsel by the chief disciplinary counsel or a designee; in Paragraph B, permitted the chief disciplinary counsel to authorize a designee to investigate alleged misconduct and to prosecute disciplinary proceedings, required hearings to be conducted promptly, and required consents to or recommendations of discipline involving suspension, disbarment, public censure or probation to be promptly reported to the Supreme Court; and in Paragraph E, removed the qualification that only full-time employees are prohibited from engaging in the practice of law. The 1990 amendment, effective December 1, 1990, added Paragraph B(5). Law reviews. - For comment, "The Clark Report and the Revised New Mexico Disciplinary Procedures," see 2 N.M.L. Rev. 292 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 30, 88. 7A C.J.S. Attorney and Client § 95.