Rule 17-305 NMRA
Rule 17-305. Abatement of investigation.
Length: 138 wordsOfficial source
A. Failure to prosecute; effect of. Neither unwillingness nor neglect of the
complainant to sign a complaint or to prosecute a charge, nor settlement, compromise
or restitution, shall, in itself, justify abatement of an investigation into the conduct of an
attorney.
B. Other proceedings; effect of. Similarity of the substance of complaints to the
material allegations of pending criminal or civil litigation shall not of itself prevent or
delay disciplinary action against the attorney involved in such litigation, except to the
extent provided in Rule 17-207. The acquittal of the respondent-attorney on criminal
charges, or a verdict or judgment in his favor in civil litigation involving material
allegations similar in substance to complaints for disciplinary action, shall not in and of
itself justify abatement of a disciplinary investigation predicated upon the same or
substantially the same material allegations.