Rule 17-102 NMRA
Rule 17-102. Powers and duties.
A. Disciplinary Board. The board shall have the power and duty
(1)
pursuant to the procedures herein provided, to consider and investigate
the conduct of any attorney within the jurisdiction of the Supreme Court, and may initiate
an investigation on its own motion or may undertake the same upon complaint by any
person;
(2)
to review the findings of fact, conclusions, and recommendations of
hearing committees, and take such action thereon as permitted by these rules;
(3)
to formally reprimand attorneys in accordance with these rules, and to
report the fact thereof to the Supreme Court, where it shall be a matter of record;
(4)
to conduct an annual meeting at a time and place to be determined by the
Chief Justice and chair of the Disciplinary Board. The meeting will be sponsored by the
Supreme Court, and those invited to attend shall be the members of the Disciplinary
Board, members of the Supreme Court, and all systems participants including hearing
committee members and disciplinary counsel. The purpose of this meeting will be to
review rules, discuss problems, establish performance criteria, and discuss any other
matters the board or Supreme Court deems necessary; and
(5)
to adopt rules of procedure subject to approval by the Supreme Court.
B. Chair. The chair of the Disciplinary Board, or the vice chair in the chair’s
absence, shall be chief executive officer of the Disciplinary Board and shall oversee the
operations of the disciplinary counsel’s office, the several hearing committees, and the
review panels of the board. The chair shall preside at all meetings of the board. The
chair or the chair’s designee
(1)
shall be responsible for maintenance of a docket or other control of all
formal charges instituted, the expedition of the proceedings, and the assembly and
preservation of the record of all proceedings;
(2)
shall transmit or arrange for the transmission of all board
recommendations in disciplinary matters to the Supreme Court;
(3)
shall report to the Supreme Court any formal reprimands administered by
order of the board;
(4)
shall exercise the board’s authority on its behalf in certain ministerial
duties involving hearing committees and disciplinary counsel pursuant to any policies or
procedures as adopted by the Supreme Court or by the board;
(5)
shall assign formal charges to a hearing committee as provided in Rule
17-104 NMRA of these rules; and
(6)
shall refer to an appropriate hearing committee motions for reinstatement
when provided by these rules.