Rule 17-104 NMRA
Rule 17-104. Hearing officers and committees.
A. Appointment and composition. The Disciplinary Board shall provide for the
organization of two or more hearing committees or the appointment of two or more
hearing officers within each disciplinary district, each committee to consist of three
members. Hearing officers shall be members of the bar of this state. Members of
hearing committees may be members of the bar of this state or "non-lawyer public
members", as defined in Paragraph B of Rule 17-101, appointed by the Disciplinary
Board upon recommendations of the board. The board may, from time to time,
designate hearing committee members to sit temporarily upon committees other than
those of which they are regular members, whether within or without their own district as
the business of the committees may require. Hearing committees shall act only with a
concurrence of a majority of their members. Two members of each committee shall be
members of the bar of this state. Two members of a committee shall constitute a
quorum.
B. Reviewing officers. Any member of a hearing committee may serve as a
reviewing officer. A reviewing officer, upon request of disciplinary counsel or the chair of
the board, shall have the authority and duty to review, approve, modify or disapprove
dismissals of complaints docketed for formal investigation and offers of informal
admonitions proposed by disciplinary counsel. Any member of a hearing committee who
participates as a reviewing officer during the investigation of an attorney shall not serve
as a member of a hearing committee for any charges filed as a result of such
investigation. The identity of the reviewing officer involved in a particular investigation
shall remain confidential at all times, including after the filing of formal disciplinary
charges. Upon request, the reviewing officer's report, without identifying information,
may be made available to the attorney being investigated.
C. Powers and duties. Hearing officers and committees shall have the power and
duty:
(1)
to conduct hearings into formal charges of misconduct upon assignment
by the chair of the Disciplinary Board;
(2)
to conduct hearings upon motions for reinstatement and remission of
deferred sanctions upon assignment by the chair of the Disciplinary Board; and
(3)
to report to the Disciplinary Board their findings of fact, conclusions of law
and recommendations, together with the records of all proceedings.
D. Abstention of hearing officers. Hearing officers shall refrain from taking part in
any proceeding in which a judge, similarly situated, would be required to abstain. No
hearing officer shall personally represent a lawyer in any investigation or proceeding
conducted pursuant to these rules while actively serving on a hearing committee in a
pending proceeding. For purposes of this rule, a term of active service in a pending
proceeding shall begin on the date the hearing officer receives notice of assignment to a
committee and concludes on the date the committee submits its notice of findings in
accordance with Paragraph E of Rule 17-313.
E. Venue. Unless otherwise ordered by the chair of the Disciplinary Board, a
disciplinary proceeding shall be brought in the disciplinary district in which the
respondent-attorney's principal office is located or, if the respondent-attorney does not
maintain a principal office in this state, in a district in which any part of the conduct
under investigation occurred.