Rule 15-306. Military spouse attorney limited license method.

A. Description. As further specified in this rule, an applicant may apply for a limited license which permits a military spouse attorney to practice law in New Mexico. Submission of a complete application by a qualified applicant will result in expedient issuance of a temporary limited license until the board completes its investigation at which time the applicant may be issued a limited license. B. Application deadline. An application for a license under this rule may be submitted at any time. C. Qualifications. An applicant for a license under this rule shall provide proof that the applicant: (1) meets the qualifications set forth in Rule 15-202 NMRA, except the requirements of Rule 15-202(A)(2)(b) NMRA and Rule 15-203(D)(3)(b) NMRA, if applicable, are modified to require that the applicant show admission to the practice of law in one or more other states for at least two (2) of the four (4) years immediately preceding submission of an application under these rules; (2) is either: (a) actively licensed to practice law in at least one other state without condition, restriction or limitation, and not involved in disciplinary proceedings in any state; or (b) an inactive member of the State Bar of New Mexico or another state, and was not under disciplinary proceedings when inactive status was taken; (3) is in good standing in all states in which applicant has ever been licensed to practice law; (4) has passed the examination of professional responsibility and legal ethics described in Rule 15-503 NMRA; (5) is the spouse of an active duty service member currently stationed within the State of New Mexico, or to be stationed within the State of New Mexico within the next six (6) months; and (6) either: (a) currently resides in the State of New Mexico; or (b) intends to reside in the State of New Mexico within the next six (6) months by providing a certificate to that effect signed by the applicant. D. Character and fitness. The board shall make a determination about the character and fitness of an applicant as set forth in Rule 15-205 NMRA for any applicant who has submitted an application for license under this rule. An applicant shall pay any fees and costs associated with a character and fitness hearing. E. Procedure for issuance. (1) Within ten (10) business days of the board’s receipt from an applicant of (a) a completed application for a license under this rule, (b) the required fees, and (c) documents described in Subparagraphs (C)(1) and (C)(2), above, the board shall provide the applicant’s name to the Supreme Court for issuance of a temporary limited license; (2) The Clerk of the Supreme Court shall then promptly issue a temporary limited license to the applicant; (3) The board shall then complete an investigation and make a determination of the applicant’s character and fitness; and (4) If the board determines the applicant is qualified and has the requisite character and fitness, then the board shall follow the requirements of Rule 15-207(A) NMRA for recommending issuance of a license to the applicant. F. Fees and costs. The following fees and costs must be paid by the applicant on submission of the application for license under this rule, and shall not offset fees and costs required to apply for another method of licensure: (1) Application fee. An application fee according to a published schedule of application fees promulgated by the board and approved by the Supreme Court; and (2) Investigation costs. Investigation costs according to the schedule of pass-through costs promulgated by the board as described in Rule 15-204(B) NMRA. G. Specific ongoing requirements. An applicant approved for a temporary limited license or limited license under this rule shall comply with the requirements of Rule 15- 206 NMRA and Rule 15-207 NMRA, and: (1) shall inform the board immediately on an expiration event described in Paragraph I; (2) within one (1) year of receiving a license under this rule, shall complete a trust accounting class to comply with Rule 17-204 NMRA of the New Mexico Rules Governing Discipline, unless the licensee demonstrates the exemption under Rule 17- 204(E) NMRA applies; and (3) within one hundred twenty (120) days of receiving a license under this rule, the licensee shall certify to the board the licensee or licensee’s employer is in compliance with, or exempt from, the succession planning requirements of Rule 16-119 NMRA of the New Mexico Rules of Professional Conduct. H. Limitations. A person practicing law under a license issued under this rule may only practice law in New Mexico as a military spouse attorney. I. Expiration. (1) A license issued under this rule shall expire: (a) one hundred eighty (180) days after the earliest occurrence of any of the following events: (i) the licensee ceases to be a dependent; (ii) the service member is permanently transferred outside the jurisdiction under military orders, but if the service member has been assigned to an unaccompanied or remote assignment with no dependents authorized, the licensee may continue to practice under the provisions of this rule until the service member is assigned to a location with dependents authorized; (iii) the licensee permanently relocates to another jurisdiction for reasons other than the service member’s permanent transfer outside the jurisdiction; or (iv) the licensee requests termination of the license; or (b) on the licensee being issued a license to practice law under another method of licensure described in these rules, in which event the licensee shall notify the board. (2) If any event listed in Subparagraph (I)(1)(a) occurs, the licensee shall notify, in writing, the board, clients, and courts in which the licensee has entered an appearance of the event within sixty (60) days of the date on which the event occurs and take appropriate action under Rule 16-116 NMRA of the New Mexico Rules of Professional Conduct in those matters for which the termination of the limited license requires declining or terminating representation. (3) On expiration of a license under this rule, a licensee who resides or maintains a legal residence in this state may be admitted to the practice of law for a particular case under the pro hac vice rules approved by the Supreme Court. (4) On expiration of a license under this rule, the board shall notify the Clerk of the Supreme Court that the limited license has expired, and whether the attorney has been issued a license under another method of licensure. The Supreme Court shall then summarily order that the attorney may no longer practice law under that limited license. J. Suspension. A license issued under this rule is subject to suspension as described in the Rules Governing Discipline, Rules 17-101 to -316 NMRA. In addition, a temporary limited license issued under this rule may be suspended by the Supreme Court for an indefinite period as follows: (1) Petition by board. The board may file a petition, under Rule 15-404 NMRA, to suspend a temporary limited license which shows that the licensee has not qualified for the license, complied with board requirements for a character and fitness investigation, responded to requests for information, appeared for a scheduled hearing, or produced records or documents requested by the board. One or more affidavits shall be attached to the petition identifying the efforts undertaken by the board to obtain the licensee’s cooperation and compliance, whether the licensee interposed objections to producing the records or documents, and whether objections interposed by the licensee appear to have been made in good faith. In addition to other service requirements required for a petition, a copy of the petition shall be served on the licensee’s employer. Any response filed by the licensee shall set forth facts showing that the licensee has complied with the board’s requests or the reasons why the licensee has not complied. (2) Reinstatement. The Supreme Court may summarily reinstate a temporary limited license suspended under the provisions of this paragraph, on the licensee’s filing of a motion for reinstatement with the Supreme Court, which proves compliance with the requirements of the board as alleged in the petition to suspend or as otherwise ordered by the Supreme Court. The licensee shall serve the motion on the board, and the board may file a response within five (5) business days of service. The licensee and the board may also submit an agreed motion to reinstate the licensee’s temporary limited license. (3) No pro hac vice admittance. A licensee suspended under this rule shall not be admitted to the practice of law for a particular case under the pro hac vice rules approved by the Supreme Court. K. Revocation. A license issued under this rule is subject to revocation as described in Rule 15-201(F) NMRA and the Rules Governing Discipline, Rules 17-101 to -316 NMRA. In addition, a license issued under this rule may also be revoked by the Supreme Court as follows: (1) Summary revocation on petition by board. The Clerk of the Supreme Court shall summarily revoke a license issued under this rule on the filing of a petition by the board, under Rule 15-404 NMRA, which shows that the board has determined the licensee does not have the character and fitness to practice law in New Mexico. In addition to service requirements required for petitions, a copy of the petition shall be served on the licensee’s employer. (2) Other revocation. The Supreme Court may revoke a license issued under this rule on the board’s filing of a petition, under Rule 15-404 NMRA, showing the attorney’s violation of this rule or any other rule approved by the Supreme Court regulating the licensing or conduct of attorneys. In addition to service requirements required for petitions, a copy of the petition shall be served on the licensee’s employer. (3) No appearances; no pro hac vice admission. Except as ordered by the Supreme Court, a licensee whose license has been revoked under this rule shall not appear in any court in this state as an attorney and shall not be admitted to the practice of law for a particular case under the pro hac vice rules approved by the Supreme Court.