N.M. Ct. App. Notice Regarding Practice by Non-Admitted Lawyers

NOTICE REGARDING PRACTICE BY NONADMITTED LAWYERS

BEFORE STATE COURTS, RULE 12-302 NMRA

AND RULE 24-106 NMRA

If you are an attorney who is not licensed to practice law in the State of New

Mexico, you must comply with the New Mexico Rules of Appellate Procedure,

specifically, Rule 12-302(E) or (F) NMRA and the Rules of the District Courts,

specifically, Rule 24-106 NMRA (see attached). For more information on the rules,

the registration certificate and sample affidavit, please go to:

https://www.nmbar.org/nmstatebar/AboutUs/Pro_Hac_Vice/Nmstatebar/For_Mem

bers/Pro_Hac_Vice.aspx?hkey=9ffd0c80-01ee-403b-9ed4-146451b301f1

If these rules apply to your appearance before this Court, please file the

affidavit required by Rule 12-302 with this Court. Please include your name,

address, phone number, and the name of the party you are representing.

After the State Bar has processed the request, send your request to

helpdesk@nmcourts.gov with the registration certificate attached. The help desk

then sends the request to the New Mexico Supreme Court and requests a CAID

number. The Supreme Court assigns the CAID number, as well as a PHV (pro hac

vice) number, which is sent back to the help desk. The help desk will then add you

to Odyssey and provide your assigned CAID and PHV numbers.

Once this is done, if you have not already done so, you must add yourself

as a service contact in File & Serve, otherwise you will not receive service.

The required fees associated with your registration are allocated to New

Mexico’s Disciplinary Board, Client Protection Fund and supports indigent litigants

in need of civil legal services. Rules 17-203 and 17A-003 NMRA mandate summary

suspension for failure to pay fees.

RULE 12-302. APPEARANCE, WITHDRAWAL, OR SUBSTITUTION OF

ATTORNEYS; CHANGE OF ADDRESS OR TELEPHONE NUMBER

A. Signatures. The original of each brief, motion, or other paper filed shall bear the

signature of at least one of the counsel filing it, or if a party is proceeding pro se, the

signature of the party. A “signature” means an original signature, a copy of an

original signature, a computer generated signature, or any other signature otherwise

authorized by law.

B. Appearance. An attorney or firm shown as participating in the filing of any brief,

motion, or other paper shall, unless otherwise indicated, be deemed to have appeared

in the cause. If an attorney's appearance is limited under Rule 16-102(C) NMRA, the

limitation shall be specified on the cover page and in the signature block of each

paper filed by the attorney under the limited appearance, and the cover page and

signature block of the paper shall include an address where service may be made on

the client.

C. Motion to withdraw. No attorney or firm that has appeared without limitation in

a cause may withdraw from it without filing a motion to withdraw and obtaining an

order from the appellate court. The appellate court may condition withdrawal upon

substitution of other counsel, the filing by the attorney's client of an address at which

service may be made on the client, or other requirements as ordered by the appellate

court. Proof of service by the withdrawing attorney shall be made on all other parties.

Attorneys whose appearances are limited as set forth in Paragraph B of this rule need

not obtain consent of the appellate court before withdrawing or otherwise ceasing to

act in the matter, except if the purpose of the limited representation is not completed.

An attorney from a firm or agency may file a withdrawal of appearance from a

particular case by notice if at least one attorney of the firm or agency remains in the

case.

D. Notice of change of address or telephone number. Counsel for a party, or any

party proceeding pro se, shall promptly give notice of any change of mailing address

or telephone number by filing a notice with the clerk of the court in each pending

cause in which counsel or the party is appearing and by serving the notice upon all

other counsel and pro se parties.

E. Nonadmitted counsel in civil cases.

(1) Counsel not admitted to practice law in New Mexico, but who are admitted

to practice law and in good standing in another jurisdiction, may, upon compliance

with Rule 24-106 NMRA, sign briefs, motions, and other papers, and may orally

argue before the appellate court, only in association with counsel admitted to practice

law and in good standing in New Mexico. New Mexico counsel shall sign the first

paper filed in the appellate court, and New Mexico counsel's name and address shall

appear on all subsequent papers filed. Unless excused by the appellate court, New

Mexico counsel shall also be present in person in all proceedings.

(2) Nonadmitted counsel shall state by affidavit that they are admitted to

practice law and are in good standing to practice law in another jurisdiction and that

they have complied with Rule 24-106 NMRA. Such affidavit shall be filed with the

first paper filed in the appellate court, or as soon as practicable after a party decides

on representation by nonadmitted counsel. If nonadmitted counsel has already filed

an affidavit in compliance with Rule 24-106 NMRA in a lower court, then a copy of

that affidavit shall be filed in the appellate court. Upon filing of the affidavit,

nonadmitted counsel will be deemed admitted subject to the other terms and

conditions of this paragraph. Proof of service of the affidavit shall be made as

provided in Rule 12-307 NMRA. A separate motion and order are not required for the

participation of nonadmitted counsel.

(3) For good cause shown, the appellate court may revoke the privilege of any

nonadmitted counsel to appear in any proceeding.

(4) New Mexico residents not admitted to practice law in this state may not

appear as counsel, except pro se.

F. Nonadmitted counsel in criminal cases.

(1) Counsel not admitted to practice law in New Mexico but who are admitted

to practice law and in good standing in another jurisdiction may, upon compliance

with Rule 5-108 NMRA, sign briefs, motions, and other papers, and may orally argue

before the appellate court, only in association with counsel admitted to practice law

and in good standing in New Mexico. New Mexico counsel shall sign the first paper

filed in the appellate court, and New Mexico counsel's name and address shall appear

on all subsequent papers filed. Unless excused by the appellate court, New Mexico

counsel shall also be present in person in all proceedings.

(2) Nonadmitted counsel shall state by affidavit that they are admitted to

practice law and are in good standing to practice law in another jurisdiction and that

they have complied with Rule 5-108 NMRA. Such affidavit shall be filed with the

first paper filed in the appellate court, or as soon as practicable after a party decides

on representation by nonadmitted counsel. If nonadmitted counsel has already filed

an affidavit in compliance with Rule 5-108 NMRA in a lower court, then a copy of

that affidavit shall be filed in the appellate court. Upon filing of the affidavit,

nonadmitted counsel will be deemed admitted subject to the other terms and

conditions of this paragraph. Proof of service of the affidavit shall be made as

provided in Rule 12-307 NMRA. A separate motion and order are not required for the

participation of nonadmitted counsel, unless nonadmitted counsel has not previously

complied with Rule 5-108 NMRA.

(3) For good cause shown, the appellate court may revoke the privilege of any

nonadmitted counsel to appear in any proceeding.

(4) New Mexico residents not admitted to practice law in this state may not

appear as counsel, except pro se.

G. Capital appellate counsel. The defendant in any appeal in a case in which a

sentence of death may be imposed must be represented by at least two (2) attorneys,

one (1) of whom meets the minimum standards set forth in this paragraph for

first-chair capital appellate defense attorneys and another who meets the minimum

standards set forth in this paragraph for first-chair or second-chair capital appellate

defense attorneys.

(1) The minimum standards for first-chair capital appellate defense attorneys

include the following:

(a) membership in good standing of any state bar;

(b) a minimum of five (5) years active trial or appellate experience in

criminal cases as a licensed attorney immediately preceding appointment;

(c) prior experience in the last three (3) years as lead counsel or

co-counsel in the appeal of at least six (6) felony jury convictions in federal or state

court, at least two (2) of which were murder convictions; and

(d) completion within two (2) years prior to entry of appearance of at

least twelve (12) hours of training in capital representation in a program approved by

the Law Offices of the Public Defender and qualified for New Mexico MCLE credit.

(2) The minimum standards for second-chair capital appellate defense attorneys

include the following:

(a) membership in good standing of any state bar;

(b) a minimum of three (3) years active trial or appellate experience in

criminal cases as a licensed attorney immediately preceding appointment;

(c) prior experience in the last eighteen (18) months as lead counsel in

the appeal of at least four (4) felony convictions in state or federal court; and

(d) completion within two (2) years prior to entry of appearance of at

least twelve (12) hours of training in capital representation in a program approved by

the Law Offices of the Public Defender and qualified for New Mexico MCLE credit.

This requirement may be met within one (1) year after appointment as second-chair

counsel in a death penalty appeal.

The district court shall require any attorney who enters an appearance to show that

the attorney is a qualified capital appellate defense attorney in accordance with the

requirements of this paragraph. If the district court determines that the defendant is

not represented by two (2) qualified capital appellate defense attorneys, at least one

(1) of whom is qualified to act as first chair, the district court, in the case of indigent

defendants, shall order the Law Offices of the Public Defender to appoint one (1) or

more qualified attorneys to ensure that the defendant is represented as required by this

paragraph.

Credits

[Amended effective Sept. 1, 1993; Jan. 1, 1997; May 1, 2003; Jan. 20, 2005; Oct. 11,

2005; Nov. 1, 2007; June 20, 2008; May 6, 2009; May 16, 2011; Jan. 7, 2013; Dec.

31, 2016.]

RULE 24-106. PRACTICE BY NONADMITTED LAWYERS.

A. Conditions of appearance. Upon compliance with the requirements of this rule,

but only in association with an active member in good standing as a member of the

State Bar of New Mexico, an attorney authorized to practice law before the highest

court of record in any state or country (“nonadmitted attorney”) may perform legal

services on behalf of a client or a party, even though the attorney is not licensed to

practice law in this state unless otherwise excepted under Rule 16-505(F) NMRA. A

non-admitted attorney shall comply separately for each action, suit, proceeding, or

transactional matter in which the attorney plans to perform legal services with the

limitation that the non-admitted attorney may not register more than five (5) times in

any given calendar year.

B. Registration certificate. For each action, suit, proceeding, or transactional matter

in which the attorney intends to appear, the nonadmitted attorney shall file a

registration certificate with the State Bar of New Mexico. Information related to the

non-admitted attorney's registration under this rule is publicly available. The attorney

shall identify the proceeding in which the attorney intends to appear and the local

counsel with whom the attorney is associating, and shall certify that

(1) the attorney is admitted or licensed as an attorney in good standing in

another state or country and shall submit a certificate of good standing from every

state or country in which the attorney is admitted or licensed;

(2) the attorney has not been disciplined, suspended, or disbarred in any

jurisdiction;

(3) the attorney has not had a pro hac vice admission revoked in any

jurisdiction;

(4) the attorney will comply with applicable statutes, laws, and procedural rules

of the state of New Mexico; and

(5) the attorney will comply with the Rules of Professional Conduct, the Rules

Governing Discipline, the Rules Governing the New Mexico Bar, and the rules

governing civil, criminal, and appellate procedure approved by the Supreme Court,

and will submit to the jurisdiction of the New Mexico courts and the Disciplinary

Board with respect to acts and omissions occurring during the attorney's admission

under this rule and with respect to the requirements of Rules 1-089.1, 2-107, 3-107,

5-108, 12-302, 16-104(C) and 24-106 NMRA;

C. Process following disclosure of discipline.

(1) If the attorney has been disciplined, suspended, disbarred, or had a pro hac

vice admission revoked in any jurisdiction, the attorney shall submit the details of the

same to the Disciplinary Board for investigation and recommendation to the court in

which the attorney seeks to practice pro hac vice.

(2) During the pendency of the pro hac vice application or admission, should

the attorney's status in any jurisdiction change the attorney shall immediately notify

the court in which the attorney is practicing pro hac vice, the State Bar of New

Mexico, and the Disciplinary Board for further action.

D. Payment of fee. With the first registration certificate in any given calendar year,

the nonadmitted attorney shall pay a non-refundable fee of four hundred fifty dollars

($450) to the State Bar of New Mexico. For each subsequent registration certificate

in a given calendar year, the nonadmitted attorney shall pay a fee of two hundred

seventy-five dollars ($275). The fee shall be waived if

(1) the nonadmitted attorney certifies that the attorney is employed by a

governmental authority and will be performing legal services on behalf of a

governmental authority in the proceeding for which the attorney is registering;

(2) the attorney is employed by an agency providing legal services to indigent

clients and will be performing legal services on behalf of an indigent client in the

proceeding for which the attorney is registering; or

(3) the attorney will otherwise be performing legal services on behalf of an

indigent client in a proceeding for which the attorney is registering and will be

charging no fee for the services.

E. Use of fees. From the first fee collected in a given calendar year, the State Bar of

New Mexico shall pay an amount equal to the annual disciplinary fee assessment

under Rule 17-203(A) NMRA to the Disciplinary Board and an amount equal to the

annual client protection assessment pursuant to Rule 17A-003 NMRA to the Client

Protection Fund. From each fee collected under this rule, the State Bar of New

Mexico may deduct an administrative and processing charge of not more than

twenty-five dollars ($25). The balance of all such fees shall be held by the State Bar

of New Mexico in a special fund to support the delivery of civil legal services to the

poor. The Board of Bar Commissioners shall distribute all fees held in the special

fund at least annually to nonprofit organizations providing or supporting the

provision of civil legal services to the poor as recommended by the New Mexico

Commission on Access to Justice and approved by the Supreme Court.

Credits

[Approved effective Jan. 20, 2005. Amended effective Dec. 31, 2013.]