Rule 15-402 NMRA
Rule 15-402. Interviews.
A. Purpose. An interview panel may interview an applicant to assist the board in
reviewing the application, making a determination about an applicant’s qualifications
(including character and fitness), and evaluating any items for which there are
discrepancies or inadequate information.
B. Interview panel. The board chair, or its designee, may form an interview panel
consisting of the board, a bar examiner, or a committee of the board. An interview panel
may consist of one or more persons.
C. Notice of interview. If the board requires an interview of an applicant, it shall
give notice to the applicant at least thirty (30) days in advance of the proposed interview
date, or any shorter period of time as may be agreed by the board and the applicant,
with copies of the notice sent to the interview panel. The notice shall:
(1)
describe the subject matter of the interview;
(2)
give the date, time, place, and method of the interview;
(3)
inform the applicant of the applicant’s duty to cooperate, and to appear
and participate in the interview;
(4)
inform the applicant that the interview is confidential with no observers
permitted, although the applicant may elect to have counsel present during the
interview; and
(5)
inform the applicant that the interview panel is obligated to reach its
decision based on the information it receives and that the applicant bears the burden of
proof.
D. Format. An interview is not a “hearing” as described in these rules, and is
generally in the format of a collaborative discussion between the interview panel and the
applicant, so that the panel may obtain a full understanding of the issues identified as
the subject matter of the interview, and any other items concerning the applicant’s
application for which the interview panel desires additional information or explanation.
An interview is confidential with no other participants permitted, although an applicant
may have counsel present to observe the interview. An interview may be recorded by
the board. Information gathered at an interview, and the board’s recording of an
interview, shall be admissible at a hearing described in these rules. An applicant’s
truthfulness, candor, and responsiveness during an interview shall be considered
relevant to the applicant’s qualifications.
E. Duty to cooperate. An applicant has a duty to appear for interviews noticed by
the board. The board may summarily deny admission to an applicant who fails to
appear for an interview without good cause.
F. Interview reports. After an interview, the interview panel shall make a
confidential written report to the board that:
(1)
it recommends the applicant appears to be qualified for admission without
further board action;
(2)
it needs additional information, interview, action from the applicant, or
combination thereof, before it can make a recommendation on the applicant’s
qualifications for admission;
(3)
it recommends the applicant appears to be qualified for conditional
admission, and identify the reasons together with the proposed conditions for
admittance; or
(4)
it recommends that the applicant should appear for a hearing.
G. Board action. After completion of an interview, the board shall inform the
applicant of the outcome of the interview and the next steps for the application process.