Rule 16-112 NMRA
Rule 16-112. Former judge, arbitrator, mediator or other third-party neutral.
A. Subsequent representation in related matters. Except as stated in Paragraph
D, a lawyer shall not represent anyone in connection with a matter in which the lawyer
participated personally and substantially as a judge or other adjudicative officer,
arbitrator or law clerk to such a person or as an arbitrator, mediator or other third-party
neutral, unless all parties to the proceeding give informed consent, confirmed in writing.
B. Negotiation for employment. A lawyer shall not negotiate for employment with
any person who is involved as a party or as lawyer for a party in a matter in which the
lawyer is participating personally and substantially as a judge or other adjudicative
officer or as an arbitrator, mediator or other third-party neutral. A lawyer serving as a
law clerk to a judge or other adjudicative officer or arbitrator may negotiate for
employment with a party or lawyer involved in a matter in which the clerk is participating
personally and substantially, but only after the lawyer has notified the judge or other
adjudicative officer.
C. Imputation of conflict to firm; screening. If a lawyer is disqualified by
Paragraph A, no lawyer in a firm with which that lawyer is associated may knowingly
undertake or continue representation in the matter unless:
(1)
the disqualified lawyer is timely screened from any participation in the
matter and is apportioned no part of the fee therefrom; and
(2)
written notice is promptly given to the parties and any appropriate tribunal
to enable them to ascertain compliance with the provisions of this rule.
D. Arbitrator. An arbitrator selected as a partisan of a party in a multi-member
arbitration panel is not prohibited from subsequently representing that party.