Rule 17-203 NMRA
Rule 17-203. Assessment of attorneys; child support compliance.
A. Annual disciplinary fee assessment. Every attorney required to register in
accordance with Rule 24-102.1 NMRA, other than attorneys who serve or retired as a
justice, judge, or magistrate and retired, suspended, or disbarred attorneys, shall, prior
to January of each year, pay to the Disciplinary Board an annual disciplinary fee in the
amount of one hundred fifty dollars ($150.00). The annual disciplinary fee assessment
shall be submitted to the state bar at the time the registration statement required under
Rule 24-102.1 NMRA is submitted. Annual disciplinary fee assessments collected by
the state bar shall be deposited in an account in a financial institution in the name of the
Disciplinary Board. The funds deposited in the Disciplinary Board account may be
expended to defray the costs of processing attorney registration, disciplinary
enforcement, and for such other purposes as the Disciplinary Board shall, with the
approval of the Court, from time to time determine upon the signature of the chair or
vice-chair of the Board. The Disciplinary Board shall make a monthly financial report to
the Supreme Court of all recei pts and disbursements.
B. Failure to pay. Any attorney who fails to pay the fee required under Paragraph A
of this rule shall be summarily suspended. Members whose fees are received after the
last day of February may be assessed a late penalty fee as determined by the
Disciplinary Board and if received after March 31 an additional late penalty fee may be
assessed.
C. Failure to comply with child support obligations. Every attorney admitted to
practice in this state must comply with any “judgment and order for support” as defined
in the Parental Responsibility Act. Any attorney who fails to comply with a child support
order shall be summarily suspended upon the filing with the Supreme Court of a
certificate of non-compliance issued by the Child Support Enforcement Division of the
Human Services Department and a certified copy of the order of a court of competent
jurisdiction finding non-compliance with the attorney’s child support obligation. A
suspended attorney may be readmitted upon filing with the Supreme Court a certificate
of compliance issued by the Child Support Enforcement Division of the Human Services
Department, provided that the certificate of compliance is dated no later than six (6)
months after the effective date of the summary suspension of the attorney. If an
attorney remains suspended for more than six (6) months for failure to comply with a
child support order, the attorney shall seek reinstatement under Rule 17-214(B)(2), (D),
(E), (F), and (G) NMRA.
D. Payment of arrears. Any attorney who has been suspended under the
provisions of Paragraph B of this rule shall, as a condition precedent to reinstatement,
pay all arrears due from the date of the attorney’s last payment to the date of the
attorney’s request for reinstatement.
E. Reinstatement. Prior to the reinstatement of any attorney under Rule 17-214
NMRA, the attorney shall pay the annual disciplinary and state bar fees for the year of
reinstatement and any costs or restitution ordered or agreed to be paid by the attorney
in any disciplinary matter.