Rule 17-214. Reinstatement.

A. Disbarred attorney. A person who has been disbarred may not apply for reinstatement. B. Suspended attorneys. (1) An attorney who has been suspended for a specific period of time of six (6) months or less, not including any period of deferment, shall be automatically reinstated at the expiration of the period specified in the order of suspension, provided that at least two (2) weeks prior to the date of the expiration of the period of suspension the attorney shall file an affidavit of compliance stating that the attorney has complied with any previously imposed conditions of reinstatement and serve a copy of the same upon disciplinary counsel. The affidavit of compliance shall set out every condition for reinstatement and state, separately for each condition, what the suspended attorney did to comply with that condition. The suspended attorney will automatically be reinstated as of the day after the expiration of the period of suspension unless, prior to the expiration of such time, disciplinary counsel has filed with the Supreme Court written objections. If objections are filed, the application shall be referred to the Disciplinary Board which shall refer the matter for determination as provided in Paragraph E of this rule. (2) Except as provided in Paragraph C of this rule, an attorney who has been suspended for a definite period of time more than six (6) months or for an indefinite period of time, not including any period of deferment, at any time after complying with the conditions of reinstatement, but in the case of the latter, no sooner than one (1) year after the date of the suspension, not including any period of deferment, and unless otherwise ordered by the Supreme Court, may file with the Disciplinary Board a petition for reinstatement attaching to the petition a copy of the order of suspension and an affidavit of compliance, where appropriate, stating that the attorney has complied with previously imposed conditions of reinstatement. The petition shall be considered by the Disciplinary Board under Paragraph E of this rule. If after receiving the recommendations of the Disciplinary Board, the petition is denied by the Supreme Court, the attorney is not entitled to petition for reinstatement prior to the expiration of a twelve (12) month period, commencing the date that the petition is denied by the Supreme Court unless a shorter interval is directed in the order denying the petition for reinstatement. C. Reinstatement from disability inactive status. Under the provisions of this paragraph and Paragraphs D and E of this rule, an attorney who has been suspended indefinitely due to incompetency or incapacity under the provisions of Rule 17-208 NMRA may move for reinstatement upon clear and convincing evidence that the incapacity, disability, or other condition that led to the attorney’s placement on disability inactive status has been terminated and that the attorney is once again fit to resume the practice of law; provided, however, that in the event that a motion for reinstatement is denied, no further motion for reinstatement may be made until the expiration of at least one (1) year following the denial, unless a different period for renewing the motion for reinstatement is specified by the Supreme Court. D. Costs deposits. Any person filing a petition for reinstatement under Subparagraph (B)(2) or Paragraph C of this rule must attach to the motion or petition a certified check in the amount of one thousand five hundred dollars ($1,500) payable to the Disciplinary Board as a deposit toward the costs of the proceeding. Any amounts not expended for costs as enumerated in Rule 17-106 NMRA shall be refunded to the respondent-attorney by the Disciplinary Board within thirty (30) days of the entry of the order of the Supreme Court granting or denying reinstatement. Nothing in this paragraph will prevent the Supreme Court from assessing against the person seeking reinstatement any additional costs incurred in the reinstatement proceedings, regardless of the outcome of the proceedings. E. Procedure of reinstatement hearing. Applications for reinstatement by attorneys who have been suspended for a definite period of time more than six (6) months, not including any period of deferment, or who have been indefinitely suspended for any period of time greater than six (6) months, not including any period of deferment, on account of misconduct, incompetency, or incapacity, or who have resigned while under investigation by the Disciplinary Board under Rule 17-209 NMRA, or who were placed on disability inactive status under Rule 17-208 NMRA shall be referred by the Disciplinary Board to an appropriate hearing committee. The hearing committee shall promptly schedule a hearing at which the respondent-attorney shall have the burden of demonstrating by clear and convincing evidence that the respondent-attorney has the moral qualifications to practice law; that the respondent-attorney is once again fit to resume the practice of law; and that the resumption of the respondent-attorney’s practice of law will not be detrimental to the integrity and standing of the bar, the administration of justice, or the public interest. At the conclusion of the hearing, the hearing committee shall promptly file a report containing its findings of fact, conclusions, and recommendations, and shall transmit the same, together with the record, to the Disciplinary Board. The Board shall review the report of the hearing committee and the record, and it may, upon request of either the respondent-attorney or disciplinary counsel made within ten (10) days of the receipt of the hearing committee’s record by the Board, require the submission of briefs and hear oral argument. The Board shall consider only the evidence in the record before the hearing committee and shall not admit any new evidence before the Board. Within ninety (90) days of its receipt of the hearing committee record or within thirty (30) days of hearing oral argument, whichever period is shorter, the Board shall file its own recommendations with the Supreme Court, together with the record. The motion shall then be scheduled for oral argument and the submission of briefs to the Supreme Court if and as the Supreme Court may direct, after which the Supreme Court shall determine whether or not the motion should be granted in its sound discretion. The Supreme Court may require as a condition to reinstatement that the attorney successfully pass the New Mexico Bar Examination prior to reinstatement; that the attorney undergo a character and fitness evaluation by the Board of Bar Examiners, paying whatever fee the Board of Bar Examiners determines is appropriate for such evaluation, and directing that any recommendations based on such evaluation shall be made a part of the record during reinstatement proceedings; that the attorney submit to a medical, mental health, and/or substance abuse evaluation by an evaluator approved by the Supreme Court and paid for by the attorney to determine the attorney’s fitness to return to the practice of law; that the attorney meet the continuing education credit requirements applicable to active, licensed New Mexico attorneys for each compliance year during the attorney’s suspension; that the attorney take and attain at least an eighty-five (85) scaled score on the Multi-State Professional Responsibility Examination given by the Board of Bar Examiners; and that the attorney satisfy such other conditions as the Court may require. F. Duties of disciplinary counsel. In all proceedings before the Disciplinary Board upon a motion for reinstatement, cross-examination of the respondent-attorney’s evidence in support of the motion and the submission of evidence, if any, in opposition to the motion for reinstatement shall be conducted by disciplinary counsel. G. Expenses. The Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and processing of a motion for reinstatement be paid by the respondent-attorney. H. Attorneys on probation. If an attorney has been placed on probation under Rule 17-206(B) NMRA, and is not otherwise required to or has successfully petitioned for reinstatement under Paragraph E of this rule, upon completion of the probationary period, the attorney may file with the Disciplinary Board a petition to be released from probation, along with an affidavit of compliance and any supporting documentation detailing the manner in which the attorney has satisfied or complied with the terms and conditions of probation. The petition, affidavit of compliance with probation, and any objections by disciplinary counsel to the petition shall be reviewed by a member of the Disciplinary Board. Oral argument, briefing, or both may be held in the discretion of the Board member upon request of either party or at the request of the Board member. If argument is held, it shall be conducted in accordance with procedures set forth in Rule 17-314 NMRA. The Board member may also refer the petition to a hearing committee for further proceedings under Paragraph E of this rule. After reviewing and investigating a petition for reinstatement, the Disciplinary Board may order the following: (1) full release of the attorney from probation; or (2) extension of some or all of the terms of probation for a period not to exceed two (2) years. I. Waiver of psychotherapist-patient privilege. The filing of an application for reinstatement by an attorney suspended for incompetency or incapacity, or placed on disability inactive status, shall be deemed to constitute a waiver of any psychotherapist- patient privilege with respect to the treatment of the attorney during the period of the attorney’s disability. In the application for reinstatement, the attorney shall be required to disclose the name and address of every psychiatrist, psychologist, physician, hospital, or other institution by whom or in which the attorney has been examined or treated for the condition upon which the attorney was determined disabled since the attorney’s suspension or transfer to disability inactive status, and the attorney shall furnish to the Disciplinary Board or disciplinary counsel written consent for each psychiatrist, psychologist, physician, hospital, or other institution to divulge such information and records as requested by the Board or any court-appointed or Board-retained medical experts.