Rule jsc-34 NMRA
Rule jsc-34. Stipulation.
A. Agreements.
(1)
Agreements requiring supreme court approval. Stipulated agreements
requiring Supreme Court approval shall include all notices of investigations, all notices
of formal charges, all of the judge’s responses, the factual and legal bases for the
stipulation, and the record of any presentment hearing held before the Commission in
connection with the stipulation.
(2)
Agreements for informal disposition. Agreed informal disposition of
allegations or formal charges may include:
(a) Advisory letter.
(b) Mentorship.
(c) Professional counseling and other assistance.
(d) Training.
(e) Such other disposition as is appropriate under the circumstances.
(f) Any combination of the above.
B. Presentment hearing. A party may request, or the Commission may require, a
presentment hearing on the record in which the Commission may hear testimony and
receive exhibits on the factual and legal bases of the stipulation. If a presiding officer
has not already been appointed in the proceedings, the chair shall appoint one for the
presentment hearing.
C. Modification. Subject to approval by the parties, the Commission may, as a
condition of approval, modify a stipulation.
D. Rejection. The Commission may reject a stipulation for disposition of a
complaint. If a stipulation is rejected, the proceedings shall continue.
E. Non-disciplinary disposition. If the Commission approves a stipulation for
non-disciplinary disposition of a complaint, the Commission shall enter an order
consistent therewith.
F. Disciplinary disposition. If the Commission approves a stipulation for
disciplinary disposition of a complaint, the Commission shall petition the Supreme Court
for approval.
G. Enforceable. An approved stipulated resolution of a complaint is enforceable by
the Commission before the Supreme Court.