N.M. Sup. Ct. Order and Rules for E-Filing in the Supreme Court M

(1) An attorney may file a petition with the Supreme Court requesting an

exemption, for good cause shown, from the mandatory electronic filing requirements under this

rule. The petition shall set forth the specific facts offered to establish good cause for an

exemption. No docket fee shall be charged for filing a petition with the Supreme Court under

this subparagraph.

(2) Upon a showing of good cause, the Supreme Court may issue an order

granting an exemption from the mandatory electronic filing requirements of this rule. An

exemption granted under this subparagraph remains in effect for one (1) year from the date of the

order and may be renewed by filing another petition in accordance with Subparagraph (1) of this

paragraph.

(3) An attorney granted an exemption under this paragraph may file

documents in paper format with the Court. When filing paper documents under an exemption

granted under this paragraph, the attorney shall attach to the document a copy of the Supreme

Court exemption order. The Court clerk shall scan the attorney’s paper document into the

electronic filing system including the attached Supreme Court exemption order. No fee shall be

charged for scanning the document. The attorney remains responsible for serving the document

in accordance with these rules and shall include a copy of the Supreme Court exemption order

with the document that is served.

(4) An attorney who receives an exemption under this paragraph may

nevertheless file documents by electronic transmission without seeking leave of the Supreme

Court provided that the attorney complies with all requirements under this rule. By doing so, the

attorney does not waive the right to exercise any exemption granted under this paragraph for

future filings.

[Approved, effective July 1, 1997; as amended by Supreme Court Order No. 06-8300-031,

effective January 15, 2007; as amended by Supreme Court Order No. 17-8300-004, effective for

all cases pending or filed on or after July 1, 2017.]

17-202. Registration of attorneys.

A. Registration statement.

(1) Within three (3) months of admission to practice in this state, and,

thereafter, on or before January 1 of every year, every attorney admitted to practice in this state

shall submit to the state bar and to the clerk of the Supreme Court, on forms provided by the state

bar and approved by the Supreme Court, a registration statement setting forth the following:

(a) the attorney’s address of record;

(b) the street address where client files or other materials related to the

attorney’s practice are located;

(c) the attorney’s telephone number of record;

(d) the attorney’s email address of record; and

(e) such other information as the Supreme Court may from time to

time direct.

(2) The attorney’s “address of record” is the attorney’s official address for

service of notices, pleadings, papers and information. The “address of record” is a public record

and upon request will be provided to any member of the public. The attorney may also maintain

a separate address with the state bar for purposes of publications of the state bar and solicitations.

(3) In addition to the annual registration statement, every attorney shall file a

supplemental statement with the state bar and with the clerk of the Supreme Court showing any

change in the information previously submitted within thirty (30) days of such change. Upon the

request of any attorney providing a street address under the provisions of this rule that is not the

“address of record,” the street address shall not be disclosed to any member of the public.

(4) The attorney’s email address of record may be used in the Supreme

Court’s electronic filing system in accordance with Rule 12-307.2 NMRA for the electronic

service of any documents filed in the Supreme Court under the Rules Governing Discipline.

B. Certificate of compliance. In order to enable an attorney to demonstrate

compliance with the requirements of Paragraph A of this rule, upon request of an attorney, the

clerk of the Supreme Court shall issue a certificate of compliance to an attorney who has

complied with the annual registration requirements of these rules.

C. Failure to file. Any attorney who fails to file the registration statement, or

supplement thereto, in accordance with the requirements of Paragraph A of this rule, may be

summarily suspended and barred from practicing law in this state until the attorney has complied

therewith.

D. Inactive attorneys. An attorney who has retired, or is not engaged in practice as

provided in Paragraph A of this rule, may petition the Board of Bar Commissioners on forms

provided by the state bar that the attorney desires to assume inactive status and to discontinue the

practice of law. Upon the receipt of such petition by the Board of Bar Commissioners, the

attorney shall no longer be eligible to practice law in any jurisdiction pursuant to the attorney’s

New Mexico license, except as provided by the Legal Service Provider Limited Law License

under Rule 15-301.2 NMRA and as an emeritus attorney as authorized under Rule 24-111 and

shall continue to file an annual inactive status registration statement with the state bar. The

attorney will be relieved from the payment of the fee imposed by Rule 17-203 NMRA, and Rule

17A-003 NMRA, but is required to pay the inactive status fee set by the Board of Bar

Commissioners, provided, however, that an emeritus attorney as authorized under Rule 24-111

shall not be required to pay the inactive status fee. Upon the filing of a petition to assume

inactive status, the state bar shall notify the Supreme Court of the filing of the petition. Upon

receipt of the notice, the Supreme Court shall change the membership status of the attorney on

the official roll of attorneys effective as of the date on the petition submitted to the Board of Bar

Examiners.

E. Reinstatement of inactive attorneys. The inactive attorney may petition for

reinstatement on a form prescribed by the Board of Bar Examiners and may be granted

reinstatement by the Supreme Court upon recommendation of the Board of Bar Examiners as

provided in Rule 15-302(B) and (C) NMRA. A petition for reinstatement shall be granted as a

matter of course, unless the Board of Bar Examiners shall determine for good cause that the

petition should be denied, in which event the applicant shall have the right to a hearing as

provided in Rule 15-301 NMRA of the Rules Governing Admission to the Bar. Prior to

reinstatement, the Board of Bar Examiners shall inquire of the Disciplinary Board if it knows of

any reason why the attorney should not be reinstated.

F. Service. The Supreme Court or Disciplinary Board may serve any order,

pleading, or other matter on an attorney by mailing or emailing a copy of such order, pleading, or

other matter to the attorney at the address of record or email address of record shown on the latest

registration statement on file with the Supreme Court and this shall constitute notice as required

by these rules.

G. Applicability of rule. The provisions of this rule shall not apply to justices of the

Supreme Court, judges of the Court of Appeals, district judges, magistrate judges, metropolitan

judges, or municipal judges who are prohibited by statute or ordinance from practicing law.

[As amended, effective January 1, 1987; January 1, 1997; November 30, 2004; as amended by

Supreme Court Order No. 06-8300-32, effective January 15, 2007; as amended by Supreme

Court Order No. 16-8300-035, effective for status changes on or after December 31, 2016; as

amended by Supreme Court Order No. 17-8300-004, effective for all cases pending or filed on or

after July 1, 2017.]

17-301. Applicability of rules; application of Rules of Civil Procedure and Rules of

Appellate Procedure; service.

A. Application of rules. This article governs the procedure in disciplinary

proceedings before the New Mexico Supreme Court, the Disciplinary Board and its hearing

committees and reviewing officers.

B. Application of Rules of Civil Procedure and Rules of Appellate Procedure.

Except where clearly inapplicable to disciplinary proceedings or inconsistent with or otherwise

provided for by these rules, the Rules of Civil Procedure for the District Courts of New Mexico

shall be used in formal disciplinary proceedings. Except where clearly inapplicable to

disciplinary proceedings or inconsistent with or otherwise provided for by these rules or by Court

order, the Rules of Appellate Procedure shall apply to documents filed in the Supreme Court.

C. Service. Except as otherwise provided in these rules, the specification of charges,

all pleadings, notices, motions, orders, or other papers required to be served may be served on a

party unless the party is represented by an attorney in which case service may be upon the

attorney. Service upon an attorney or upon a party shall be made by delivering a copy to the

attorney or party, by mailing it to the attorney or party at the address listed on the most recent

registration statement filed under Rule 17-202 NMRA or by electronic transmission in

accordance with Rule 12-307.2 NMRA to the email address of record listed on the most recent

registration statement filed under Rule 17-202 NMRA. “Delivering a copy” as used in this rule

means handing it to the attorney or to the party; leaving it at the attorney’s or party’s office with

the attorney’s or party’s clerk or other person in charge thereof, or if there is no one in charge,

leaving it in a conspicuous place therein; or if the office is closed or the person to be served has

no office, leaving it at the attorney’s or party’s dwelling house or usual place of abode with some

person of suitable age and discretion therein. Service by mail is complete upon mailing and shall

constitute notice as required by these rules. Service by electronic transmission is complete as

defined by Rule 12-307.2 NMRA.

D. Proof of service. Except as otherwise provided in these rules or by order of the

Supreme Court or Disciplinary Board, proof of service of any pleading, motion, order, or other

paper required to be served shall be made by the certificate of the attorney of record, or if made

by any other person, by the affidavit of such person. Such certificate or affidavit shall be filed

with the Disciplinary Board or with the Supreme Court, as appropriate, or endorsed on the

pleading, motion, or other paper required to be served.

E. Additional time after service by mail. Whenever a party has the right or is

required to do some act or take some proceedings within a prescribed period after the service of a

notice or other paper upon the party and the notice or paper is served upon the party by mail,

three (3) days shall be added to the prescribed period.

[As amended by Supreme Court order No. 13-8300-045, effective December 31, 2013; as

amended by Supreme Court Order No. 17-8300-004, effective for all cases pending or filed on or

after July 1, 2017.]

27-104. Filing and service.

A. Filing. Papers required or permitted to be filed in the Supreme Court shall be

filed with the clerk. Filing by mail is not complete until actual receipt. Filing by electronic

transmission in accordance with Rule 12-307.2 NMRA is mandatory for all attorneys filing

papers under these rules except for judges representing themselves in a proceeding under these

rules.

B. Filing under seal before the conclusion of formal proceedings. To protect the

privileged and confidential nature of proceedings that are pending before the Commission as

required by Article VI, Section 32 of the New Mexico Constitution, any papers filed in the

Supreme Court before the conclusion of formal proceedings in the Commission shall be

automatically sealed from public access and shall not be disclosed to anyone other than Court

personnel, the parties to the proceeding, and their counsel, without further order of the Court.

For purposes of this paragraph, the conclusion of formal proceedings occurs when the

Commission holds an evidentiary hearing and issues findings, conclusions, and a

recommendation for removal, retirement, or discipline based on that evidence. Accordingly,

petitions for temporary suspension and responses filed pursuant to Rule 27-201 NMRA,

stipulated petitions for discipline, and any request for interim relief under Paragraph E of Rule 32

of the Judicial Standards Commission Rules filed before conclusion of formal proceedings and

submission to the Court of the Commission record pursuant to Article VI, Section 32, are subject

to the automatic sealing provisions of this paragraph. The contents, the fact of filing, and any

other information about any request for temporary suspension, stipulated discipline, or interim

relief shall remain confidential until the Court determines that confidentiality is no longer

required and enters an unsealing order on its own initiative or grants a motion to unseal pursuant

to Paragraph I of Rule 12-314 NMRA. The Clerk of the Court shall open the case with the

Commission’s assigned inquiry number as the style of the case and docket pleadings only as

sealed pleadings. Any papers filed under the provisions of this paragraph shall be clearly labeled

"Filed Under Seal". In the event the Court rejects the stipulated discipline or denies the request

for interim relief, the documents under seal shall be returned to the Commission and shall not

become public record. Any other requests to seal papers filed with the Court shall be governed

by the provisions of Rule 12-314 NMRA of the Rules of Appellate Procedure. Any person or

entity who knowingly discloses any material obtained from a court record sealed pursuant to this

rule may be held in contempt or subject to other sanctions as the Court deems appropriate.

C. Service of all papers required. Copies of all papers filed by any party and not

required by these rules to be served by the clerk shall be served by the party on all other parties to

the proceeding. Service shall be upon the attorney of record of the party to be served or upon the

party if the party has no attorney. Service may be made by either personal service or by mail.

Except for service upon a judge who is self-represented, service by electronic transmission is also

permitted in accordance with the requirements of Rule 12-307.2 NMRA. Service shall be made

at or before the time of filing the paper in the Supreme Court.

D. Service on incompetent persons. If there is an issue of the mental competency

of a judge who is not represented by counsel, service shall be made upon a guardian ad litem

appointed to represent the judge in the proceedings.

E. Proof of service. Proof of service, in the form of written acknowledgment of the

party to be served or certificate of the clerk of the court or of the attorney making service, or

affidavit of any other person, shall state the name and address of counsel on whom service has

been made, or the name and address of the party if the party has no attorney. Such proof of

service shall be filed with the papers filed or immediately after service is effected.

[Approved, effective April 17, 1996; as amended by Supreme Court Order No. 09-8300-022,

effective September 4, 2009; as amended by Supreme Court Order No. 11-8300-026, effective

May 4, 2011; as amended by Supreme Court Order No. 17-8300-004, effective for all cases

pending or filed on or after July 1, 2017.]