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NMRA Preface

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Preface

ARTICLE 1 General Provisions

Rule Text

The Supreme Court, pursuant to its constitutional power of superintending control, has the inherent authority to regulate the practice of law, prescribe the qualifications for admission to the bar, and grant or withhold the right to practice law.

Amendment history: Adopted Supreme Court Order No. S-1-RCR-2023-00036, effective December 31, 2023. Adopted Supreme Court Order No. S-1-RCR-2023-00036, effective December 31, 2023.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Here's a plain-English summary:

The state's highest court has the final say over who gets to become a lawyer and how the legal profession works. This power comes from the court's basic authority to oversee the court system, not from a specific law passed by lawmakers.

Because of this authority, the court sets the rules for who can practice law. It decides what qualifications someone needs, like education, testing, and character requirements. It also has the power to say yes or no to someone's request to become a licensed attorney.

In simple terms, this rule explains where the court gets its power to control bar admission. It's the foundation for all the other rules about becoming a lawyer, since it confirms the court has the right to make and enforce these requirements.

Committee Notes

Committee commentary. —

[1] Article VI, Section 3 of the New Mexico Constitution grants the Supreme Court the constitutional power of superintending control, with the inherent power to regulate all practice affecting the judicial branch. That regulatory power includes the authority and duty to prescribe the qualifications for admission to the bar. In re Treinen, 2006-NMSC-013, 139 N.M. 318, 131 P.3d 1282. Defining, regulating, granting, or withholding the right of admission to practice law is a fundamental component of that power. See, e.g., State Bar v. Guardian Abstract & Title Co., 1978-NMSC-016, 91 N.M. 434, 575 P.2d 943; Application of Sedillo, 1959-NMSC-095, 66 N.M. 267, 347 P.2d 162; see also NMSA 1978, § 36-2-1 (1941) (codifying the Supreme Court’s constitutional authority to define and regulate the practice of law); NMSA 1978, § 40-5A-10 (1997) (stating the Supreme Court is to adopt rules for the licensing of lawyers).

[2] The Immigration and Nationality Law Practice Act, NMSA 1978, §§ 36-3-1 to -10 (1987), prevents the unauthorized practice of law by nonlawyers who hold themselves out as immigration consultants rendering services in immigration, nationality, or citizenship matters and who are outside pertinent federal regulations regulating the practice of immigration law.

[3] Rules regarding foreign legal consultants are contained in Rules 26-101 through 26-106 NMRA.

[4] Rules governing pro hac vice practice are addressed in Rule 24-106 NMRA.

[5] Rules governing admission as an emeritus attorney are addressed in Rule 24-111 NMRA.

[6] Rules concerning the unauthorized practice of law are contained in Rule 16-505 NMRA.