Local Rule 83.13: Conviction of Crime

83.13 Conviction of Crime. [Effective 12/1/2014]

(a) Crime. As used in these rules, a crime for which discipline may be imposed is any felony, i.e., a crime punishable by a term of imprisonment of more than one year; any lesser crime that reflects adversely on the honesty, trustworthiness or fitness of the attorney in other respects; or any crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy or solicitation to commit a crime.

(b) Conviction. As used in these rules, a conviction includes a verdict of guilty, a plea of guilty, or a plea of nolo contendere, regardless of whether entry of judgment of conviction or imposition of sentence is suspended or deferred by the court.

(c) Duty of the Clerk. After receiving notice of a conviction of a member of the bar of this court for a crime as defined in subdivision (a), the clerk must immediately notify the Chief Judge and the attorney.

(d) Interim Suspension.

(1) General Procedure. The Chief Judge may place an attorney on interim suspension immediately on proof of a conviction of the attorney for a crime as defined in subdivision (a), regardless of the pendency of any appeal. Alternatively, the Chief Judge may refer the attorney to a panel of judges for investigation and recommendation pursuant to D.N.M.LR-Civ.83.10(a).

(2) Opportunity to Object. The attorney may submit in writing any objection that establishes that the suspension may not properly be ordered, such as proof that the crime did not constitute a crime as defined in subdivision (a) or that the attorney is not the individual convicted.

(3) Termination. On a written showing by the attorney of extraordinary circumstances, the Chief Judge may vacate an order of suspension.

(4) Effect of Reversal or Vacatur of Conviction. With the exception of a guilty plea resulting in a deferred judgment or sentence, if an attorney suspended under this rule demonstrates that the underlying conviction has been reversed or vacated, the order of interim suspension shall be vacated and the attorney reinstated. The vacatur of the interim suspension does not automatically terminate any disciplinary proceeding then pending against the attorney.

(e) Formal Charges. When the conviction for a crime as defined in subdivision (a) is the result of a guilty verdict, on conclusion of direct appeal, the Clerk of the Court must submit formal charges to the Chief Judge. The Chief Judge will appoint a panel of judges pursuant to D.N.M.LR-Civ. 83.10(a) to determine the nature and extent of the discipline to be imposed.

(f) Other Grounds for Discipline. Notwithstanding the disposition of criminal charges, the panel of judges may consider the underlying facts to determine if disciplinary proceedings are warranted.