Rule 17-314 NMRA
Rule 17-314. Consideration by the Disciplinary Board.
A. Appointment of hearing panel. Upon receipt of the findings of fact, conclusions,
and recommendations of the hearing committee, the chair of the Disciplinary Board
shall appoint one or more members of the board to serve as a hearing panel, with one
member designated as chair.
B. Submission of briefs and requests for oral argument. Requests for oral
argument and submission of briefs shall be made as provided in Paragraph E of Rule
17-313 NMRA and shall state with specificity the issues to be addressed in the
proposed argument or brief.
C. No additional evidence before the board. The Disciplinary Board panel shall
consider only evidence in the record of the hearing committee. No additional evidence
will be admitted at the hearing before the board panel. If the board panel determines
that there are conflicting factual findings by the hearing committee, the board panel may
remand a matter to the hearing committee for clarification of the committee’s factual
findings. The board panel will specifically identify the conflicting findings and state what
clarification is sought from the hearing committee upon remand.
D. Oral argument. When oral argument is allowed, the party requesting the oral
argument shall proceed first, but may reserve a portion of the allotted time for rebuttal.
The amount of time for oral argument may be determined by the board panel.
E. Proceedings on remand from the Supreme Court. If the Supreme Court
remands a matter to the Disciplinary Board for evidentiary proceedings pursuant to
Paragraph G of Rule 17-206 NMRA, Paragraph B of Rule 17-207 NMRA, or Paragraph
B of Rule 17-208 NMRA, the chair shall assign the case to a panel of one or more
members of the Disciplinary Board and shall appoint a member of the panel to chair the
panel. The panel shall hold a hearing within thirty (30) days of the assignment. Upon a
showing of good cause, the chair of the Disciplinary Board may grant an extension of
time within which the hearing may be held. The panel shall follow the procedures set
forth in Rule 17-313 NMRA as if the panel were a hearing committee, except that the
panel shall forward the record of the proceedings and its findings and recommendations
directly to the Supreme Court.