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Decision Information

Decision Content

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Facts

  • The Petitioner applied for reciprocal admission to the State Bar of New Mexico but was refused by the New Mexico Board of Bar Examiners due to not being in good standing in New Jersey, where his license was revoked for nonpayment of annual dues for seven consecutive years (paras 1, 4).

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Petitioner: Argued for reciprocal admission to the practice of law in New Mexico and sought a refund of his application fee if denied admission (paras 1, 6).
  • Respondent: Opposed the Petitioner's application for admission by motion on the grounds that the Petitioner did not meet the requirements for being in good standing due to the administrative revocation of his New Jersey license. Additionally, requested the Court to determine costs and fees to be paid by the Petitioner (paras 3-5, 9).

Legal Issues

  • Whether the Petitioner meets the requirements for reciprocal admission to the State Bar of New Mexico under Rule 15-107(A)(7) due to his status in New Jersey.
  • Whether the Petitioner is entitled to a refund of his application fee upon denial of admission.
  • Whether the Petitioner should pay costs associated with the appeal under Rule 15-107(E)(3).

Disposition

  • The application for admission by motion is denied.
  • The request for a refund of the application fee is denied.
  • The request for costs associated with this appeal is denied (para 13).

Reasons

  • Justices Michael E. Vigil, C. Shannon Bacon, David K. Thomson, Julie J. Vargas, and Briana H. Zamora concurred in the decision. The Court concluded that the Petitioner did not meet the requirements for admission by motion under Rule 15-107(A)(7) because he did not resign in good standing from the New Jersey bar, having his license revoked for nonpayment of dues. Furthermore, the Court found that the Petitioner was not entitled to a refund of his application fee based on Rule 15-107(E)(2), which states there shall be no refund for any reason, including denial of admission. Lastly, the Court determined that the Petitioner should not be required to pay any costs associated with the appeal, as there was no investigation or hearing, and the Petitioner had admitted to the administrative revocation of his New Jersey license in his application (paras 2-12).
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