18-301. Compliance; reporting
A. Initial compliance year.
For members admitted on or after January 1, 1990 the initial
compliance year shall be the first full compliance year following
the date of admission.
B. Compliance year.
For all active members not mentioned Paragraph A of this rule, the
compliance year shall end December 31 of each year.
C. Credit reporting deadline.
The deadline for reporting prior year credits earned is May 1 of each
year following the December 31 compliance deadline. The May 1 reporting
(1) does not relieve an active licensed member from the compliance
deadlines set forth in Paragraphs A and B of this rule;
(2) does not relieve an active licensed member from the procedures
set forth in Paragraph B of Rule 18-202 NMRA for seeking an extension
of time to complete the credit requirements of these rules or a waiver
from the credit requirements of these rules;
(3) does not preclude the Supreme Court from taking disciplinary
action pursuant to Paragraph G of this rule; and
(4) does not preclude sanctions for late compliance set forth in
Paragraph H of this rule.
D. Annual report statement.
The board shall prepare an annual report statement for
each licensed active member of the state bar for the
previous compliance year which shall be provided to each
member no later than the last day of February of each
year. This report shall include reference to hours earned
during the compliance year that have been reported by
active members and providers and any carryover hours from
the previous compliance year. The annual report statement
shall indicate whether the active member has completed
credit requirements for the compliance year or whether the
active member has a deficiency in credits. Any active
member may notify the board of any errors or omission on
their annual report statement.
E. Second notification of deficiency to active members.
On or about April 1 of each year, the board shall prepare
a letter for each active member of the state bar who continues
to have a deficiency in credits for the previous compliance
year. The letter will indicate that the active member has until
April 30 of the present year to complete the necessary credit
requirements for compliance.
F. Certification of deficiency.
The board shall annually compile and certify to the
Supreme Court a list of those members of the state bar who
prior to May 1 following the December 31 compliance deadline have
failed to comply with the requirements of these rules.
G. Citation to show cause.
Whenever that board shall certify to the Supreme Court that any
member of the state bar has failed or refused to comply with the
provisions of these rules, the Clerk of the Supreme Court shall issue
a citation to such member requiring the member to show cause before
the court, within fifteen (15) days after service of such citation,
why the member should not be suspended from the right to practice in
the courts of this state. Service of such citation may be personal or
by first class mail postage prepaid. The member's compliance with the
provision of these rules on or before the return day of such citation
shall be deemed sufficient showing of cause and shall serve to
discharge the citation.
In addition to any disciplinary action taken by the Supreme Court
pursuant to Paragraph G of this rule, each active member who fails to
comply with the provisions of these rules is subject to monetary
sanctions as follows:
(1) Each active member who fails to complete the annual minimum
educational requirements by December 31 of each year shall pay a
fee of one hundred dollars ($100). The fee shall be assessed in the
annual report statement provided to each member pursuant to Paragraph A
of this rule, and shall be paid no later than March 31. Payment of the
one hundred dollar ($100) fee does not eliminate compliance year credit
(2) Each active member who, as of April 1, either continues to have
deficiency in credits for the previous compliance year or fails to pay
the fee assessed pursuant to Subparagraph (1) of this Paragraph shall
pay an additional fee of two hundred and fifty dollars ($250). That
fee shall be paid no later than April 30. Payment of the two hundred
fifty dollar ($250) fee does not eliminate compliance year credit
(3) The board shall include in the certifications to the Supreme Court,
pursuant Paragraph F of this rule, any member who has failed to pay
any assessed fees prior to May 1.
(4) The board shall not waive any fees unless the member can prove
that the member was in compliance with the minimum educational
requirements prior to the applicable deadline.
[As amended, effective January 1, 1990; November 1, 1991;
July 18, 1994; September 4, 2001; October 30, 2002; November 29, 2006.]
18-302. Review and appeal
A. Review by Board.
An attorney, judge or provider who is aggrieved by a decision
of the board and who is unable to resolve the disagreement
informally may petition the board to review the decision. The
petition must be in writing and filed with the board within
thirty (30) days from the date the decision was mailed to the
petitioner. The petition must state briefly the facts supporting
the petitionerís claim and may be accompanied by supporting
evidence or documentation. The board may, in its discretion,
request that the petitioner appear before the board.
The board shall review the petition and shall notify the petitioner
of its final decision. The decision shall be based on a review of
the petition and the records of the board.
An attorney, judge or provider may petition the Supreme Court for
modification or reversal of the decision of the board. The petition
must be filed with the Court within thirty (30) days after the date
of mailing of the final decision by the board and must be accompanied
by a certificate of service on the board. Unless otherwise directed
by the Court, within thirty (30) days after service of the petition,
the board shall file with the Court a response to the petition and
shall deliver the record considered by the board in this matter.
[As amended, effective January 1, 1990.]
If an attorney whose license to practice law has been suspended pursuant
to these rules thereafter files a report with the board showing
compliance with the requirements of Rule 18-301 NMRA, the board shall
promptly notify the Clerk of the Supreme Court, and recommend
[As amended, effective January 1, 1990.]