Rule 15-205. Evaluation of qualifications, character and fitness.

A. Purpose; burden. To assure the protection of the public and to safeguard the justice system, an applicant for any methods of licensure must prove the applicant is qualified, has good character, and is fit to practice law. B. Applicant’s history. To enable the board to evaluate an applicant’s character and fitness, an applicant shall inform the board of applicant’s history regarding the following: (1) unlawful conduct; (2) academic misconduct; (3) misconduct in employment; (4) acts involving dishonesty, fraud, deceit, or misrepresentation; (5) acts which demonstrate disregard for the rights or welfare of others; (6) abuse of legal process, including the filing of vexatious or frivolous lawsuits; (7) neglect of financial responsibilities or professional obligations; (8) violation of an order of a court, including child support orders; (9) conduct that evidences current mental or emotional instability that may impair the ability to practice law; (10) conduct that evidences current drug or alcohol dependence or abuse that may impair the ability to practice law; (11) denial of admission to the bar in another jurisdiction on character and fitness grounds; (12) disciplinary action by a lawyer disciplinary agency or other professional disciplinary entity; (13) suspension of a lawyer’s license by any entity, including suspensions for non-payment of dues and failure to comply with mandatory continuing legal education requirements; (14) making of false statements, including omissions, on bar applications in any state; or (15) as otherwise determined by the board for just and good cause. C. Review. The board shall review each application to determine whether an applicant is qualified for admission including whether the applicant’s present character and fitness qualifies the applicant for admission. To enable the board to reach a determination, an applicant shall supply additional information as requested by the board. The board may conduct further inquiry into an applicant’s qualifications by conducting investigations, interviews, and hearings as described in Article 4 of these rules. D. Factors considered. In making its determination, the board shall consider the following factors in assigning weight and significance to an applicant’s prior conduct: (1) the applicant’s age at the time of the conduct; (2) the recency of the conduct; (3) the reliability of the information about the conduct; (4) the seriousness of the conduct; (5) the factors underlying the conduct; (6) the cumulative effect of the conduct or information; (7) the evidence of rehabilitation; (8) the applicant’s positive social contributions since the conduct; (9) the applicant’s contributions to the practice of law in New Mexico; (10) the applicant’s candor in the admissions process; and (11) the materiality of any omissions or misrepresentations. E. Conviction; rehabilitation. An applicant who has been convicted of a serious crime must put forth clear and convincing evidence of good moral character by showing that the applicant is rehabilitated and satisfies all other requirements for good moral character. F. Additional Factors. In addition to the applicant’s history and the board’s investigation regarding an applicant, the board shall consider whether an applicant has: (1) complied with payment of dues to other state licensing agencies; (2) complied with mandatory continuing legal education requirements of any state in which the applicant is already admitted; (3) been civil and professional in communications with the board, and any disciplinary or licensing agency; and (4) adhered to the board’s orders, rules, and processes.