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Character & Fitness
Character & Fitness
Evaluation Details
Every applicant will undergo a Character and Fitness Evaluation, regardless of application type. The time it takes to complete an applicant’s Character and Fitness Evaluation depends on the type of application, the applicant’s specific history, and any additional information or processes the Board feels is necessary to make a final determination with regard to that applicant.
What does the Board review when evaluating Character and Fitness?
When the Board reviews an Applicant for character and fitness, the Board will generally review the following items, however, please note this list is not exhaustive:
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- Fingerprinting and Criminal Background Check
- Credit Report
- Staff Investigation to include internet searches and background checks
- Certificates of Good Standing, if licensed in another state or states
- Disciplinary History, if licensed in another state or states
- Disclosures, or lack of Disclosure, on all parts of the Application
- Disclosures, or lack of Disclosure, to the applicant’s law school
- Applications for admission filed in other states, along with supporting documentation
- Misconduct in employment
- Conduct during college and law school
- Conduct during the bar examination
- Physical or Mental Issues that affect the applicant’s ability to practice law
- Drug or alcohol dependence that affects the applicant’s ability to practice law
- Character and Fitness References
Who bears the burden to prove good moral character?
It is an Applicant’s burden to establish good moral character, Nall v. Board of Bar Exmrs., 1982-NMSC-051, 98 N.M. 172, 646 P.2d 1236. All applicants should carefully review Rules 15-205 and 15-401 to 15-404 NMRA.
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All applicants must be a person of “good moral character, physically and mentally fit to practice law.”
At any point throughout the process, the Board will review any documents or supplements the applicant wishes to send to explain any character and fitness related issues. Applicants are encouraged to provide as much information as possible for character and fitness purposes.
Conduct that may result in Further Inquiry by the Board
The following conduct may subject an applicant to further inquiry, in a determination as to whether an applicant possesses the character and fitness to practice law:
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(a) unlawful conduct: (A person who has been convicted of a serious crime as defined under the [Rules Governing Admission] shall prove good moral character by demonstrating by clear and convincing evidence that the applicant is rehabilitated and satisfies all other requirements for good moral character)
(b) academic misconduct;
(c) misconduct in employment;
(d) acts involving dishonesty, fraud, deceit, or misrepresentation;
(e) acts that demonstrate disregard for the rights or welfare of others;
(f) abuse of legal process, including the filing of vexatious or frivolous lawsuits;
(g) neglect of financial responsibilities or professional obligations;
(h) violation of an order of a court, including child support orders;
(i) conduct that evidences current mental or emotional instability that may impair the ability to practice law;
(j) conduct that evidences current drug or alcohol dependence or abuse that may impair the ability to practice law;
(k) denial of admission to the bar in another jurisdiction on character and fitness grounds;
(l) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction;
(m)making of false statements, including omissions, on bar applications in this state or any other jurisdiction; or
(n) as otherwise determined by the board for a just and good cause.
How the Board weighs the conduct
The board considers the following factors in assigning the weight and significance of prior conduct.
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(a) the applicant’s age at the time of the conduct;
(b) the recency of the conduct:
(c) the reliability of the information concerning the conduct;
(d) the seriousness of the conduct;
(e) the factors underlying the conduct;
(f) the cumulative effect of the conduct or information;
(g) the evidence of rehabilitation;
(h) the applicant’s positive social contributions since the conduct;
(i) the applicant’s candor in the admissions process; and
(j) the materiality of any omissions or misrepresentations.
Character & Fitness
Processes & Procedures
#1
The NMBBE will review an applicant for a character and fitness determination only when the applicant’s application is complete and all requested documents have been received.
#2
Depending on the circumstances, the NMBBE may ask an applicant to provide additional records, undergo a psychological evaluation, or attend a substance abuse assessment through the New Mexico Judges and Lawyers Assistance Program.
#3
If there is an issue that involves character and fitness, the applicant will be contacted for further review as set forth below.
Character & Fitness
Investigations
If an applicant’s file requires further investigation or evaluation, this is the process:
#1
Letter of Explanation
In some instances, the Board requires additional information or documentation. In that event, an applicant will be asked to provide a letter of explanation and follow-up documents. An applicant will be contacted directly if these items are required. After review, the Board may approve the applicant for admission or ask for additional information. If the Board asks an applicant for a letter of explanation, the applicant should read the request thoroughly and fully answer the questions asked and provide all documents requested, or an applicant’s file may be delayed.
#2
Affidavit
If a letter of explanation is insufficient based on the Board’s review, the Board may request that the applicant execute an affidavit. The applicant will be contacted with information regarding the necessary contents of an affidavit. Every requested affidavit should be signed and notarized and should contain all information requested by the Board.
#3
Interviews
Some applicants will be scheduled for a character and fitness interview. Interviews are held every 2-3 months and are generally required to be in person. An applicant scheduled for an interview will meet with two to three members of the Board. Prior to an interview, an applicant will be informed about the topics for discussion in the interview and will be encouraged to provide additional documentation, if appropriate. There is no cost to the applicant for an interview. Interviews are scheduled on a trailing calendar, and applicants should anticipate being at the Board offices for 2-3 hours from the time of their scheduled interview. Not attending an interview without prior communication with the Board will be a factor for consideration as part of the character and fitness investigation. An applicant may have an attorney present at an interview, although an attorney is not required. If an applicant hires counsel, the applicant’s attorney must inform the Board, in writing, of the attorney’s representation prior to the interview. An interview is not a “hearing” under the Rules Governing Admission.
#4
Hearings
The Board may schedule a Character and Fitness hearing either after an interview or in lieu of an interview. A hearing is a more formal process wherein the applicant’s issues are heard by a three-person hearing panel. The hearing panel is made up of members of the Board, or designees who are members of the New Mexico State Bar. Hearings are scheduled several months in advance. An applicant will receive a written correspondence that sets the hearing and identifies the character and fitness issues to be reviewed. A Court Reporter is present to create a record of the hearing. An applicant bears the burden of the cost associated with the hearing. Applicants are required to pay a $1,500.00 deposit, at least three weeks prior to the hearing. The purpose of the deposit is to cover the cost of the Court Reporter. If the actual cost is less than $1500.00, the applicant will be refunded the difference. If the actual cost is more than $1500.00, an applicant will be responsible for any additional amounts owing. An applicant may have an attorney present to represent the applicant, but it is not required. Any attorney appearing for an applicant must be licensed in the state of New Mexico or admitted through the New Mexico Pro Hac Vice rules. An attorney must provide written notice to the Board that the attorney is representing the applicant prior to the hearing date. At the hearing, an attorney from the New Mexico Disciplinary Board will act as special counsel to present the character and fitness issues that are of concern to the Board. At the conclusion of the hearing, both the applicant and special counsel will provide proposed Findings of Fact and Conclusions of Law. The Hearing Panel will prepare finalized Findings of Fact and Conclusions of Law based and will provide the finalized versions to the applicant and special counsel. An applicant who is denied admission has a right to appeal to the New Mexico Supreme Court.
Character & Fitness
Conditional Admission
At any point throughout the Character and Fitness Evaluation, the Board may recommend that an applicant be admitted conditionally, with requirements or stipulations related to the applicant’s admission. This is called a ‘conditional admission.’ Conditional admission is still a full admission, and the applicant is able to practice law in the state of New Mexico. Some conditional admission applicants may have limitations on practice, for example, not being allowed to operate a solo practice during the term of the conditional admission. There are a variety of reasons why an applicant may be offered a conditional admission. An offer of conditional admission must be approved by the entire Board. Conditional admission will be for a set period of time, generally one to five years in duration. This is the process:
#1
An applicant is offered a conditional admission by the Board, which is done in writing.
#2
If the applicant agrees to the terms, the Board prepares a Stipulated Agreement. The applicant and the Executive Director of the Board sign the agreement.
#3
The Executive Director prepares and files a Motion for Conditional Admission with the New Mexico Supreme Court. In addition to the Motion, the Executive Director sends all relevant portions of the applicant’s file, along with the Stipulation, to the Court.
#4
The Board or the applicant may ask that the file be sealed by the Supreme Court. Whether to seal the pleadings is entirely within the Supreme Court’s discretion.
#5
The Court reviews, and approves, denies, or sets the Motion for Conditional Admission for oral argument. This process takes anywhere from several weeks to several months.
#6
If the Conditional Admission is approved, the Board and the Supreme Court Clerk’s office work with the applicant to complete the licensure.
Character & Fitness
Frequently Asked Questions
Following are some FAQ about our Character & Fitness process:
What does a Character and Fitness Evaluation Include?
An Applicant’s Character and Fitness Evaluation includes, but is not limited to, the following:
- Thompson Reuters Background Check
- Fingerprinting and Criminal Background Check
- Credit Report
- Staff Investigation
- Certificates of Good Standing, if licensed in another state or states
- Disciplinary History, if licensed in another state or states
- Disclosures, or lack of Disclosure on all parts of the Application
- Disclosures, or lack of Disclosure to law school
- Conduct during college and law school
- Conduct during the bar examination
- Physical or Mental Issues that affect the applicant’s ability to practice law
Character and Fitness References
How does an Applicant establish “good moral character”?
It is an Applicant’s burden to establish good moral character, Nall v. Board of Bar Exmrs., 1982-NMSC-051, 98 N.M. 172, 646 P.2d 1236
All applicants should review Rules 15-205 and 15-401 to 15-404 NMRA.
All applicants must be a person of “good moral character, physically and mentally fit to practice law.”
At any point throughout the process, the Board will review any documents or supplements the applicant wishes to send to explain any character and fitness related issues.
What conduct that may result in Further Inquiry by the Board?
The following conduct may subject an applicant to further inquiry, in a determination as to whether an applicant possesses the character and fitness to practice law:
(a) unlawful conduct; (A person who has been convicted of a serious crime as defined under the [Rules Governing Admission] shall prove good moral character by demonstrating by clear and convincing evidence that the applicant is rehabilitated and satisfies all other requirements for good moral character)
(b) academic misconduct;
(c) misconduct in employment;
(d) acts involving dishonesty, fraud, deceit, or misrepresentation;
(e) acts that demonstrate a disregard for the rights or welfare of others;
(f) abuse of legal process, including the filing of vexatious or frivolous lawsuits;
(g) neglect of financial responsibilities or professional obligations;
(h) violation of an order of a court, including child support orders;
(i) conduct that evidences current mental or emotional instability that may impair the ability to practice law;
(j) conduct that evidences current drug or alcohol dependence or abuse that may impair the ability to practice law;
(k) denial of admission to the bar in another jurisdiction on character and fitness grounds;
(l) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction;
(m)making of false statements, including omissions, on bar applications in this state or any other jurisdiction; or
(n) as otherwise determined by the board for just and good cause.
How does the Board weigh the conduct?
The board considers the following factors in assigning the weight and significance of prior conduct.
(a) the applicant’s age at the time of the conduct;
(b) the recency of the conduct:
(c) the reliability of the information concerning the conduct;
(d) the seriousness of the conduct;
(e) the factors underlying the conduct;
(f) the cumulative effect of the conduct or information;
(g) the evidence of rehabilitation;
(h) the applicant’s positive social contributions since the conduct;
(i) the applicant’s candor in the admissions process; and
(j) the materiality of any omissions or misrepresentations.
Character & Fitness Statistics
See current statistics about Character & Fitness application status.