N.M. R. Gov. Unauth. Prac. Law 17B-006

As amended through August 23, 2024

Rule 17B-006 - Determination by the Supreme Court

A.Procedure. Once the Court has received the Disciplinary Board's report and recommendations, the Court may, in its discretion, order the parties to file briefs on any issue the Court determines appropriate and may order oral argument before the Court. After reviewing the Disciplinary Board's report and recommendations, the record, and any briefs and oral argument submitted by the parties, the Court may adopt, modify, or reject the Disciplinary Board's recommendations, in whole or in part, and shall determine as a matter of law whether the respondent has engaged in the unauthorized practice of law, or, in the case of a consent agreement, whether to accept or reject the agreement. In reaching its decision, the Court will defer to the hearing officer's factual findings, including matters of credibility, if the factual findings are supported by substantial evidence. The Court will review de novo the Disciplinary Board's conclusions of law and recommended disposition.

B.Types of relief available. If the Court finds that the respondent has engaged in the unauthorized practice of law, the Court may enter an order granting any or all of the following relief:

(1) enjoining the respondent from further conduct found to constitute the unauthorized practice of law;

(2) imposing on the respondent any fines recommended by the hearing officer and the Disciplinary Board;

(3) ordering restitution;

(4) assessing the costs of the proceedings against the respondent; and

(5) ordering such other relief as the Court deems proper.

C.Review of consent agreements. If the Court accepts a consent agreement entered into by the respondent, it shall enter an order adopting the terms of the agreement. If the Court rejects a consent agreement, the Court shall remand the matter to the hearing officer to conduct an evidentiary hearing under Paragraphs F through I of Rule 17B-005 NMRA, and neither the agreement nor any of the factual stipulations made in connection with the agreement can be used against the respondent or disciplinary counsel in any further proceedings.

D.Injunctive power. Nothing in this rule shall be construed to limit the Court's power to issue an injunction at any stage of the proceeding in order to prevent public harm.

E.Notice of final decision. The Disciplinary Board will notify the complainant of the final disposition.

N.M. R. Gov. Unauth. Prac. Law 17B-006

Adopted by Supreme Court Order No. 13-8300-015, effective 8/23/2013; as amended by Supreme Court Order No. 16-8300-026, effective 12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-026, effective December 31, 2016, provided for notice of the Supreme Court's final disposition and added new paragraph headings; in Paragraph A, added "Procedure."; in Paragraph B, added "Types of relief available."; in Paragraph C, added "Review of consent agreements."; in Paragraph D, added "Injunctive power."; and added new Paragraph E.