15-301.2 Legal services provider limited law license for emeritus and non-admitted attorneys.
  1. Definitions. As used in this rule:
    1. "applicant" means an emeritus attorney or non-admitted attorney who meets the eligibility requirements set forth in Paragraphs B or C of this rule and who completes the application process in Paragraph D of this rule;
    2. "emeritus attorney" means any person who is a member in good standing of any state bar, who has been admitted to practice before the highest court of New Mexico or any other state, territory or protectorate of the United States of America or the District of Columbia for at least twenty (20) years, and who is an inactive member of the State Bar of New Mexico or is an inactive or active member of any other state bar;
    3. "A non-admitted attorney" means any person who is not a member of the State Bar of New Mexico but who is admitted to practice before the highest court of any other state or territory of the United States or the District of Columbia and is in good standing in all states in which the person is admitted;
    4. "qualified legal services provider" means a not for profit legal services organization whose primary purpose is to provide legal services to low income clients or a legal department within a non-profit organization which employs at least one lawyer full-time to provide legal services to low income clients; and
      1. is an organization described in Section 501(c)(3) and exempt from federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 or corresponding provisions of federal income tax laws from time to time in effect;
      2. is registered with the New Mexico Attorney General Registry of Charitable Organizations in compliance with the New Mexico Charitable Solicitations Act and;
      3. is recommended by the New Mexico Commission on Access to Justice.
  2. Eligibility of emeritus attorneys. Upon application, the clerk of the Supreme Court may issue a legal services limited renewable three (3) year license, limited to one (1) renewal, to represent legal services clients through a qualified legal services provider to an emeritus attorney who:
    1. satisfies the legal services limited license requirements set forth in this rule; and
    2. supplies a sworn statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction in the five (5) years preceding the applicant's retirement from the practice of law.
  3. Eligibility of non-admitted attorneys. Upon application, the clerk of the Supreme Court may issue a legal services limited non-renewable three (3) year license to represent legal services clients through a qualified legal services provider to a non-admitted attorney who:
    1. has been an active member of the bar in another state, territory, or protectorate of the United States of America or the District of Columbia for three (3) years immediately preceding submission of an application under this rule;
    2. is in good standing to practice law in each jurisdiction in which the attorney is licensed;
    3. atisfies the legal services limited license requirements set forth in this rule; and
    4. supplies a sworn statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five (5) years; provided, however, that complaints against the applicant shall not be considered disciplinary actions.
  4. Application procedure. An applicant for a legal services limited license to represent legal services clients through a qualified legal services provider shall file with the clerk of the Supreme Court an application for a legal services limited license. The application shall be accompanied by:
    1. a certificate of admission to practice and good standing from each state in which the applicant is licensed to practice law or in the case of an emeritus attorney a certificate showing that attorney=s inactive status;
    2. a letter from the director of the qualified legal services provider that employs the applicant certifying the applicant's employment;
    3. a certificate signed by the applicant stating that the applicant has read and is familiar with the New Mexico Rules of Professional Conduct, other New Mexico Supreme Court rules and New Mexico statutes relating to the conduct of attorneys and the Creed of Professionalism of the State Bar of New Mexico;
    4. a docket fee in the amount of one hundred twenty-five dollars ($125.00) payable to the New Mexico Supreme Court; and
    5. a disciplinary fee in the amount provided by Rule 17-203 NMRA payable to the Disciplinary Board.
    6. All fees and costs associated with an application for a legal services limited license are not refundable.
  5. Expiration. A legal services limited license shall expire upon the occurrence of any of the following events:
    1. termination of employment with a qualified legal services provider;
    2. admission to the New Mexico Bar upon passing the bar examination;
    3. denial of admission to the New Mexico Bar;
    4. failure to maintain membership in good standing in at least one state bar in which the applicant is a member; or
    5. expiration of three (3) years from the date of issuance of the limited license by the Supreme Court, provided that the limited license issued to an emeritus attorney shall be renewable for one (1) term as provided in paragraphs B and E.
  6. Legal services limited licensee status. :
    1. An applicant granted a legal services limited license pursuant to this rule shall be a member of the state bar and shall be subject to the Rules of Professional Conduct and the Rules Governing Discipline.
    2. Licensees under this rule shall pay a reduced annual state bar membership fee of one hundred dollars ($100.00), consisting of a state bar services fee of fifty dollars ($50.00) and a disciplinary fee of fifty dollars ($50.00) in lieu of the fee required by Rule 17-203 NMRA.
    3. Licensees under this rule shall comply with the Rules for Minimum Continuing Legal Education.

[Approved, effective August 29, 2008.]



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