Revised September 28, 2007
The purposes of the State Bar of New Mexico (hereinafter referred to as the “State Bar”) are:
Section 2.1 Active Status Member.
An attorney who is on the roll of attorneys admitted to the practice of law by the Supreme Court of New Mexico shall maintain active status membership, unless granted inactive status in accordance with these bylaws. An active status member in good standing shall have full voting privileges, and shall be eligible to hold any elective or appointive office.
Section 2.2 Inactive Status Member.
An active status member shall become an inactive status member upon written request directed to the office of the Executive Director certifying that he or she will be retired or that he or she does not and will not be practicing law in New Mexico. Such request must be received in the State Bar office prior to January 1 of the year inactive status is to be granted. Inactive members have no voting rights and no right to notices. Inactive status members shall receive Bar mailings and publications only upon payment of a publication fee in the amount to be determined by the Executive Director. To resume active status, a member must petition the Supreme Court and fulfill any necessary requirements imposed by the Supreme Court including payment of the appropriate fee.
Section 2.3 License Fees.
The annual license fees for active and inactive status members shall be determined and fixed by the Board prior to January of each calendar year. The license fee for new admittees will be prorated for the first year of admittance, beginning the first of the month following admission, for the remainder of such calendar year.
Every member of the State Bar shall, prior to the first day of January of each year, pay to the Executive Director of the State Bar an annual license fee, which fee shall be determined and fixed by the Board and approved by the Supreme Court prior to January of each calendar year. Active members whose dues are received after the first day of February will be assessed a late payment penalty of one hundred dollars ($100.00). Active members who fail to disclose professional liability insurance coverage information after the first day of March will be assessed a late disclosure penalty of one hundred dollars ($100.00). Inactive members whose dues are received after the first day of February will be assessed a late penalty of fifty dollars ($50.00). If the member’s dues and late penalty are not received before the last day of March, the Board shall, through its Executive Director, certify to the Supreme Court the names of all members failing to pay their annual license fees and late penalties. New admittees shall pay the annual license fee fixed by the State Bar on or before the first day of the first month following the date of their admission prorated for the number of full months remaining in the calendar year following the date of their admission to the Bar. New admittees whose dues are received after the first day of the second month following their admission will be assessed a late payment penalty of one hundred dollars ($100.00). If the new admittee’s dues and late penalty are not received after the first day of the third month following the new admittee’s admission, the Board shall, through its Executive Director, certify to the Supreme Court the names of all new admittees failing to pay their annual license fees and late penalties. Whenever the Board shall cause to be certified to the Supreme Court that any member of the State Bar has failed or refused to pay the license fee or late penalty imposed herein, the Clerk of the Supreme Court shall issue a citation to each such delinquent member requiring the member to show cause before the Court, within fifteen (15) days after service of such citation, why he or she should not be suspended from the right to practice in the courts of this state. Service of such citation may be personal or by mail. The payment of such delinquent license fee on or before the return day of such citation, and payment of accrued costs, shall be deemed sufficient showing of cause, and shall serve to discharge the citation.
The Board may waive all or part of any license fee in cases of extreme individual hardship.
Any member suspended because of nonpayment of dues or penalties shall be required to petition the Board of Bar Examiners for reinstatement, and as a condition precedent to any granting of reinstatement shall be required to pay a reinstatement fee of:
A. twice that member’s then license fee, plus
B. fees in arrears, plus
C. accrued late penalty payments.
All monies collected by the Executive Director in accordance with the provision of this rule shall be deposited to an account designated as State Bar of New Mexico general fund and shall be disbursed by order of the Board in carrying out the functions, duties and powers vested in said board.
Section 2.4 Register of Members.
The Executive Director shall keep a register of members of the State Bar which shall contain such matters of information, including specialization, as the Board may determine to be proper and desirable.
Section 2.5 Voluntary Withdrawal.
Any attorney in good standing and without a pending disciplinary action may petition the Supreme Court for voluntary withdrawal as a member of the State Bar. Upon the filing of such petition, the court may enter an order terminating his or her membership in the State Bar, and he or she shall not thereafter be entitled to practice law in the courts of this state. No order of suspension for failure thereafter to pay the annual bar license fee will be entered against such member, and the withdrawal will not prejudice his or her record or standing during the period of his or her membership in the State Bar. To resume active status, a member must petition the Supreme Court and fulfill any necessary requirements imposed by the Supreme Court including payment of the appropriate fee.
Section 2.6 Paralegal Member.
A paralegal who qualifies under Article VIII, Section 8.3 of these Bylaws as amended, shall be entitled to membership in the Paralegal Division in accordance with the Bylaws and Standing Rules governing that division. A member of the Paralegal Division shall not have voting privileges outside such division and shall not be eligible to hold an elective or appointed State Bar office. The provisions of Section 2.1 through 2.5 of this Article II of these Bylaws are not applicable to paralegal members. Any and all expenses incurred by the Paralegal Division shall be the responsibility of the Paralegal Division, and the New Mexico State Bar will not be responsible for said expenses or for reimbursing the Paralegal Division for any said expenses.
Section 2.7 Honorary Judicial Members.
All circuit court of appeals judges, district court judges, bankruptcy judges and full-time magistrates of the United States who reside in New Mexico and all full-time judges of tribal courts who have an LL.B. or J.D. degree and who reside in New Mexico or exercise jurisdiction in New Mexico shall be honorary members of the State Bar with the same rights and privileges as active status members. Honorary members shall not pay any license fees and may not engage in the private or public practice of law.
Section 2.8 Law Student Members.
A law student studying law at any level at an ABA-accredited law school may become a member of the State Bar of New Mexico. Membership includes online access to the Bar Bulletin, membership in the Young Lawyers Division (YLD) and practice sections (maximum of two per year), and participation in State Bar committees. Student membership in the State Bar does not constitute a license to practice law. Student members of sections and committees are non-voting positions. The annual fee shall be determined and fixed by the Board prior to January of each calendar year.
Section 2.9 Affiliate Members.
The State Bar recognizes as affiliates, without the rights and privileges of membership, members of the legal profession not licensed to practice law in New Mexico, but who are licensed to practice law in another state and are in good standing in active or inactive status in all jurisdictions in which they are licensed. An affiliate membership is not a license to practice law in New Mexico. Affiliate members may be furnished copies of State Bar publications and may be entitled to attend and participate, without the right to vote or hold office, in those meetings and activities conducted by the State Bar and of its component parts or sections. The annual fee shall be determined and fixed by the Board prior to January of each calendar year.
Section 3.1 Annual Meeting.
The Annual Meeting of the State Bar shall be held each year at such time and place as shall be fixed by the Board, provided however, that the Annual Meeting shall not be held outside the State of New Mexico in successive years.
Section 3.2 Notice of Annual Meeting.
Notice of the Annual Meeting shall state the time and place for the holding of such meeting and shall be published in the Bar Bulletin at least 60 days before said meeting.
Section 3.3 Resolution and Motions.
Resolutions or motions to be presented for consideration at the Annual Meeting must be submitted in writing and received at the office of the Executive Director 30 days prior to the Annual Meeting. This 30 days notice requirement may be suspended by a two-thirds vote of those attending the Annual Meeting upon a finding of an emergency. Any resolution adopted by the membership at the Annual Meeting is advisory and requires only that the Board consider the substance of the motion at its next regularly scheduled meeting.
Section 3.4 Special Meetings.
Special meetings of the State Bar shall be called by the President of the Board upon a majority vote of the Board. Except by unanimous consent of the members present, special meetings may consider only such matters as are set forth in the call of the meeting.
Section 3.5 Notice of Special Meetings.
Notice of a special meeting of the State Bar shall state a time and place of the holding of such meeting and shall be given to the members of the State Bar by mail or publication in the Bar Bulletin at least 10 days prior to said meeting. Said notice shall state generally the matters to be considered at said meeting.
Section 3.6 Parliamentary Rules.
Proceedings at all meetings of the State Bar shall be governed by Roberts Rules of Order, current edition, unless modified by the specific terms of these Bylaws.
Section 4.1 Board Composition.
The Board of Bar Commissioners is created as the governing board of the State Bar. The Board shall have 21 Bar Commissioners (hereinafter referred to as “Commissioners” or “members of the Board”) consisting of nineteen (19) Bar Commissioners elected from districts established by the Supreme Court, the Chair of the Young Lawyers Division and the Delegate from the Senior Lawyers Division. The chair of the Paralegal Division or its designee, shall sit as a liaison member to the board. The Paralegal Division liaison to the Board of Bar Commissioners will be reimbursed for Board meeting expenses in accordance with the policy governing Commissioners. Any and all other expenses incurred by the Paralegal Division shall be the responsibility of the Paralegal Division, and the New Mexico State Bar will not be responsible for said expenses or for reimbursing the Paralegal Division for any said expenses. The chair of the Paralegal Division or its designee, shall have a non-voting position on the Board and will not be included in determining whether or not a quorum of the Board exists for any meeting. The Board has perpetual succession and may use a common seal. The immediate past president shall be a voting member of the Board for a period of one year.
Section 4.2 Terms of Office.
Subsection 4.2 a Length of Terms.
Commissioners shall be elected to terms of three years and shall hold office until their successors are elected or appointed and qualified. No Commissioner shall be elected to more than three consecutive terms.
Subsection 4.2 b Forfeiture of Position.
If a Commissioner is absent, except for reasons occasioned by physical or mental disability, from three (3) consecutive Bar Commission meetings or is absent for a total of four (4) Bar Commission meetings in any term year his or her term is subject to termination by the Board upon 20 days written notice to the Commissioner. The Commissioner may make written request for a hearing before the Board at its next regularly scheduled meeting. The decision of the Board to terminate shall be final. Any vacancy created by action of the Board shall be filled pursuant to Section 4.3. Any Commissioner whose term is terminated pursuant to this subsection may be a candidate for election in the election held to fill the remainder of the term, pursuant to Sections 4.3 and 4.4.
Subsection 4.2 c Removal of Officers and Commissioners
i) Any five commissioners may sign a petition seeking the removal of an officer or commissioner and present that petition to the Executive Director. The Petition for Removal shall set forth the reasons for removal. Upon receipt of the Petition for Removal, the Executive Director shall send written notice to all commissioners that removal of the officer(s) or commissioner(s) has been requested, along with a copy of the Petition for Removal. Notice that a Motion to Remove an officer or commissioner is going to be presented shall be sent by the Executive Director no less than 30 days prior to the meeting at which such motion will be made.
ii) An officer or commissioner may be removed for cause by a three-quarters (3/4) vote of the full board present at a regularly scheduled meeting of the Board of Bar Commissioners.
iii) One of the commissioners who signed the Petition for Removal must make the Motion to Remove at the meeting and the motion must be seconded before any discussion can be held. The movant shall be the first to speak, followed by the officer or commissioner being challenged. Once they have spoken, other commissioners may speak in favor of or against the motion. At the conclusion of the discussion, a vote shall be taken in accordance with Subsection 4.2c(ii) above. If the vote is to remove the officer or commissioner, it shall take place immediately, and if the individual is an officer, he or she shall also forfeit his or her seat as a commissioner.
iv) The vacancy shall be filled in accordance with these bylaws.
v) The term "cause" shall be defined as the commission of a felony or misdemeanor other than a traffic violation, the commission of an act involving embezzling State Bar funds, even if no charges are brought, sexual harassment, moral turpitude, disbarment or suspension from the practice of law in any state in which the individual has been admitted.
Section 4.3 Vacancies.
Vacancies on the Board shall be filled by appointment of the Board and members so appointed shall serve until the next regular election of Commissioners, at which time an election of a Commissioner to fill the unexpired term shall be held.
Section 4.4 Elections.
Subsection 4.4 a Notice.
Not less than 60 days before November 30th the Executive Director of the Bar shall notify the members of the State Bar who are active status members of the names of the Commissioners whose terms shall expire that year and the Bar Commissioner district from which they were elected.
Subsection 4.4. b Nominations.
Nominations of active status members to fill the vacancies caused by the expiration of the term of such members shall be made by petition of 10 or more active status members of the Bar who are in good standing and whose principal place of practice is in the respective district and must be received in writing in the office of the Executive Director of the Bar by 5:00 p.m. on or before the date fixed in the notice from the Executive Director.
Subsection 4.4 c Eligibility.
All active status members of the State Bar who maintain a place of practice within the State shall be eligible for nomination and election. A member shall be nominated from the District in which his or her principal place of practice is located. No state or federal judge shall be eligible to serve as a member of the Board of the State Bar while in office.
Subsection 4.4 d Ballots.
Not less than twenty (20) days before November 30th, the Executive Director of the Bar shall mail printed ballots to each active status member of the State Bar, setting forth the names of all persons duly nominated, grouped by district, and the length of the full or partial term for which a Commissioner will be elected. The order of the listing of the names on the ballot shall be determined by lot.
Subsection 4.4 e Voting.
Members shall vote for nominees from the district in which the member’s principal place of practice is located. Active status members who reside outside the State of New Mexico shall vote in the district where they last maintained their principal place of practice. If an active status member has never established a principal place of practice in New Mexico, the member shall vote in the district where the State Bar office is located.
Subsection 4.4 f Close of Election and Counting of Ballots.
The election shall close at noon on November 30th, at which time the votes shall be counted under the supervision of at least three members of the Board who are not candidates for re-election with the assistance of the Executive Director. In districts where more than one Commissioner is to be elected, the candidates with the highest number of votes for the number of available positions shall be elected but any partial term shall be filled by the candidate with the least number of votes from among those candidates who are elected. The Board members who are present shall certify the results of the election which shall be published in the Bar Bulletin.
Subsection 4.4 g Election by Acclamation.
When only one nomination is received to fill a vacancy on the Board, the sole nominee shall be deemed elected by acclamation and so certified.
Subsection 4.4 h Disputed Election.
In the event there is any dispute in the election of a Commissioner, the dispute shall be decided by the Board at its first meeting after the election and the decision of the Board shall be final.
Subsection 4.4 i Affidavit.
Prior to serving on the Board, a person elected or appointed to the Board shall first file an affidavit with the Executive Director stating that he or she consents to being a member of the Board of Bar Commissioners.
Section 4.5 Meetings.
Subsection 4.5 a Regular Meetings.
Unless otherwise ordered by the Board, regular meetings of the Board shall be called approximately every six weeks at such site as the Board may designate. Dates for regular meetings of the Board for the ensuing year shall be set after the Annual Meeting and shall be published in the Bar Bulletin.
Subsection 4.5 b Special Meetings.
The President, in his or her discretion, may, or upon written request of three Commissioners filed with the Executive Director, shall call special meetings of the Board. If the President shall, for any reason, fail or refuse for a period of five days after request therefore to call a special meeting, the Executive Director or some other person designated by the three Commissioners joining in the request shall call the meeting. The date fixed for said meeting shall not be less than five days from the date of said call.
Subsection 4.5 c Notice of Special Meetings.
Notice of Special Meetings shall be sent by the Executive Director or by the person designated by the Commissioners in the call. The notice shall set forth the day and hour of the meeting and the place and purpose for holding the meeting. At Special Meetings, only such matters as are set forth in the call of the meeting shall be considered.
Subsection 4.5 d Executive Sessions of the Board of Bar Commissioners.
The Board of Bar Commissioners may be called into Executive Session by a motion. A motion to go into Executive Session is a question of privilege and therefore is adopted by a majority vote. Members, special invitees, and such staff members as the Board or its rules may determine to be necessary are allowed to remain in the room. Matters to be handled in Executive Session are: personnel matters (including salaries of State Bar staff), discussions of pending or threatened litigation, and disciplinary action regarding Board members. The proceedings of the Executive Session are confidential. Any records or proceedings of any Executive Session must be read and acted upon only in Executive Session. The Board may, by majority vote, disclose in open session anything discussed in Executive Session.
Subsection 4.5 e Parliamentary Rules.
Proceedings at all meetings of the State Bar shall be governed by Roberts Rules of Order, current edition, unless modified by the specific terms of these Bylaws.
Subsection 4.5 f Parliamentarian.
The Parliamentarian shall decide all questions of parliamentary procedure in accordance with these Bylaws, the Articles of Incorporation of the State Bar of New Mexico and Robert's Rules of Order, Newly Revised. Any Commissioner can, during a meeting, request a ruling from the Parliamentarian regarding an issue of parliamentary procedure. The Parliamentarian may vote at meetings of the Board of Commissioners, is a member of the Policies and Bylaws Committee, and is appointed by the president.
Subsection 4.5 g Quorum.
A quorum at any meeting of the Board shall consist of eleven (11) or more Commissioners. Action can only be taken at a meeting when a quorum is present. No official action at a meeting can be taken if less than eleven (11) Commissioners are present. However, once a quorum is lost, any remaining item on the agenda which was disseminated to all the Commissioners prior to the date of the meeting can be discussed and voted upon.
Section 5.1 Officers.
The officers of the State Bar shall be a President, a President-Elect, a Vice President, a Secretary-Treasurer and an Executive Director.
Section 5.2 Nominations, Elections and Terms.
At the regular meeting of the Board at least 30 days prior to November 30th, the Board shall elect a President-elect, Secretary-Treasurer and Vice-President who along with the Executive Director and the President, shall serve as the officers of the Board. Officers shall be elected to a one-year term. Terms of office for the officers of the Board shall commence January 1st and officers shall serve until their successors are elected and take office. Officers shall be elected from among those Commissioners nominated for office at the regular meeting of the Board immediately preceding the election. They shall be elected by secret ballot by a majority vote of those Commissioners voting in person at said meeting or by absentee ballot prepared by the Executive Director and delivered to the Executive Director in a sealed envelope by the beginning of the meeting.
Section 5.3 Qualifications.
All officers of the State Bar, except the Executive Director, shall be members of the Board at the time of their election.
Section 5.4 Vacancies.
Should a vacancy occur for any reason during the term of office of an officer of the State Bar, a successor shall be elected at the next regular meeting of the Board to serve the remainder of the term.
Section 5.5 Extension of Commissioner Terms.
If a Commissioner’s term of office expires while such Commissioner is serving in the position of President-elect, President or immediate past president, such Commissioner’s term shall be extended for an additional three year term; but the Commissioner shall serve only the portion of the term which ends one year after the Commissioner’s term as President. During the extended term, there shall be elected from the district in which the Commissioner resides, one less member to the board than said district would be otherwise entitled to under these rules. At the regular election of Commissioners one year after the year when the said President’s term of office expires, an election shall be held in the district to elect a member from that district to the Board who shall serve for the remainder of the term.
Section 5.6 Duties of Officers.
Subsection 5.6 a President.
The President shall, in addition to the duties prescribed by the Rules Governing the New Mexico Bar, appoint and announce, as soon as reasonably practical after January 1st, the membership of all standing committees for the ensuing year, the appointment of which shall not otherwise have been made. The terms of all committee appointments end on December 31st. The President shall be a member ex officio of every standing committee, special committee and section with the exception of the Executive Committee of which the President shall be a regular member. The Board shall determine from time to time which committees shall be standing committees.
Subsection 5.6 b President-Elect.
The President Elect shall perform the duties of the President during any absence or disability of the President.
Subsection 5.6 c Vice President.
The Vice President shall perform such duties as are assigned to him or her by the President.
Subsection 5.6 d Secretary Treasurer.
The Secretary-Treasurer shall have responsibility for preparing annual budgets, maintaining accurate accounts of all receipts and disbursements and filing all tax reports, unless otherwise delegated. The Secretary- Treasurer shall also perform such duties as are assigned to him or her by the President.
Subsection 5.6 e Executive Director.
The Board shall select and employ an Executive Director whose compensation shall be fixed by the Board and who shall perform such duties as are prescribed by the Board. The Board may remove the Executive Director with or without cause.
Section 6.1 Executive Committee.
The Executive Committee shall consist of the President, the President-Elect, the Vice President, the Secretary-Treasurer, the immediate Past President and two or more members of the Board to be appointed by the President for one-year terms each.
Section 6.2 Duties of the Executive Committee
The Executive Committee may have the following powers and duties:
a. Between the regular and special meetings, the Executive Committee shall have the power to act on any matter delegated to it by the Board of Bar Commissioners or on emergency matters.
b. The committee shall hold meetings and keep minutes of all of its proceedings. A copy of such minutes shall, after approval by members of the committee, be sent to all directors as a matter of information.
c. Any action taken by the Executive Committee within the limits provided by law shall be presented to the Board of Bar Commissioners for ratification.
d. The president of the State Bar shall be the chair of the Executive Committee and the president-elect shall act as the vice-chair. Meetings of the committee shall be held at the call of the chair, the vice-chair, the Executive Director of the State Bar of New Mexico or any two members of the Executive Committee.
e. A majority of the committee shall be necessary to constitute a quorum.
Section 7.1 Preparation
The Executive Director, with the assistance of a Finance Committee appointed by the President, shall prepare and submit a proposed annual budget to the Board no later than the August meeting.
Section 7.2 Budget Procedures
The budget procedures shall be as follows:
a. The Finance Committee will prepare a proposed functional budget which will topically categorize expenditures by major categories and allocate these expenditures according to whether the expenditure is chargeable or non-chargeable to dues.
b. The Board will review and approve the budget no later than the October meeting.
c. An independent auditor will prepare a verification that the charges attributable and allocated to each activity or category of expenditures is a reasonable forecast in accordance with the guidelines established by the American Institute of Certified Public Accountants. The auditor will also prepare a verification of chargeable and non- chargeable expenses from the most recent year in which audited information is available and will verify that such expenses are fairly presented.
d. The functional budget together with any explanatory statement and the auditor’s verifications will be published in the Bar Bulletin with a detailed explanation of each member’s right to deduct from his or her dues payment the proportional share of any non-chargeable expenses identified in the budget and to object to any of the chargeable expenses in the budget on the grounds that a challenged expenditure is not for the permissible purpose of regulating the profession or improving the quality of legal service to the people of the State of New Mexico (See Keller v. State Bar of California, 496 U.S. 1 (1989)) or that an error was made in calculating a non- chargeable expense. At least thirty days from the date of publication of the budget will be allowed for written challenges.
e. In the event challenges are received, the Board at its next regularly scheduled meeting or at a special meeting will consider the challenges. The Board may remove the challenged activity from the budget, may give a pro rata refund to the challenger, or may submit the dispute to the New Mexico Supreme Court or its designee for an impartial decision. The Board or a challenger may specifically request that the New Mexico Supreme Court appoint another impartial decisionmaker.
f. The dispute shall be heard as expeditiously as possible. The Bar will bear the burden of showing that the financial disclosures are accurate and that the challenged matters are within the scope of permissible activities for which mandatory dues may be used under Keller. Upon request, a challenger will be given reasonable access to information relevant to the challenge which is available or within the control of the Bar. The challenger shall be given an opportunity to present evidence and to present written arguments in support of a challenge. The decisionmaker will issue a written decision on whether the challenged expenditure is chargeable or non-chargeable to mandatory dues and whether the disclosed expense for a non-chargeable expense is accurate. The decisionmaker shall also determine the amount of refund, if any.
g. If the decision is rendered before the dues are payable and the decision is that the expenditure is non-chargeable, then the Board may decide to eliminate the expenditure from the budget or to allow the challenger to deduct the pro rata portion from the annual dues. If the decision is not rendered before dues are payable, the Board shall escrow the challenged portion of each challenger’s dues into a separate interest bearing bank account and in the event of a decision that the expenditure is non- chargeable, will immediately pay each challenger the applicable pro rata share of dues together with accrued interest.
h. The Board will submit on or before January 1 its proposed budget to the Supreme Court for approval. The Court’s approval will be subject to the challenge procedures outlined above but the existence of challenges will not preclude approval of the remainder of the budget.
Section 7.3 Limits on Expenditures
Expenditure categories or line items in the annual budget as adopted by the Board shall be deemed to be limits on such expenditures and express action of the Board shall be required to authorize any expenditure which would exceed or increase the applicable budgetary category or line item. The Executive Director, however, is authorized to transfer up to $5,000 from one line item to another and shall report the transfer to the Board at the next scheduled meeting. A transfer from one line item to another in excess of $5,000 requires approval of the Board.
Section 7.4 Monthly Financial Reports
Regular monthly financial reports shall be submitted by the Executive Committee to the Board at each regular meeting, showing income and expenses each month and the year-to-date as compared to the budget.
Section 7.5 Reimbursement for Expenses.
Members of the Board shall be paid per diem and mileage as reimbursement for their expenses incurred by their attendance at regular and special Board meetings and committee meetings of the Board at the rate then prevailing for employees of the State of New Mexico.
Section 8.1 Young Lawyers Division.
Membership of the Young Lawyers Division shall consist of all members of the state bar of any state in good standing under thirty-six (36) years of age, or those members who have been admitted to the State Bar of any state less than five (5) years. Membership shall terminate automatically as of December 31st after a member attains thirty-six (36) years of age or five (5) years after admission to the state bar of any state, whichever last shall occur. An individual elected as Chair-elect prior to his/her thirty-sixth (36th) birthday may serve in that capacity, as well as, that of Chair and Past Chair, in accordance with these bylaws. No one who is thirty-six (36) or older shall otherwise, except in accordance with this Article, be elected to an office of the YLD. An individual elected as Chair-elect prior to his/her thirty-sixth (36th) birthday may serve in that capacity, as well as, that of Chair and Past Chair, in accordance with this Article. An individual who qualifies as a member of the Young Lawyers Division on the basis that he/she has not been admitted to any state bar for more than five (5) years, may not serve as an officer of the Division if such service would extend beyond the fifth (5th) year of that admission.
Section 8.2 Senior Lawyers Division.
Membership in the Senior Lawyers Division shall consist of all members of the State Bar in good standing who are 55 years of age or older and who have practiced law for 25 years or more. Inactive members who are 55 years of age or older shall be eligible for membership and may hold office in the division.
Section 8.3 Paralegal Division.
A person may become a member of the paralegal division if the person: 1) contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity; 2) performs substantive legal work as defined in Rule 20-102 NMRA; and 3) meets one or more of the following qualifications:
(a) Graduation from a paralegal program that is:
(i) approved by the American Bar Association;
(ii) an associate degree program;
(iii) a post-baccalaureate certificate program in paralegal studies;
(iv) a bachelor’s degree program; or
(v) a post-secondary legal assistant program which consists of a minimum of 60 semester hours or equivalent (as defined by the American Bar Association Guidelines for the Approval of Paralegal Education Programs) of which at least 18 semester hours or equivalent are general education courses and 18 semester hours or equivalent are legal specialty courses.
(b) A bachelor’s degree in any field plus two years of substantive law-related experience under the supervision of a licensed attorney. Successful completion of at least 15 semester hours of substantive paralegal courses may be substituted for one year of law-related experience.
(c) Graduation from an accredited law school and not disbarred or suspended from the practice of law by the State of New Mexico or any other jurisdiction; or
(d) Certification by the National Association of Legal Assistants, Inc., or the National Federation of Paralegal Associations, Inc., or other equivalent national or state competency examination plus at least one (1) year of substantive law-related experience under the supervision of a licensed attorney.
Section 8.4 Rules and Regulations of the Division.
The rules and regulations of each Division shall be in accordance with the Division’s bylaws as approved by the Board.
Section 9.1 Sections.
The Board shall create such sections within the State Bar as it shall deem advisable, or at the recommendation of the membership. A member of the State Bar who recognizes such a need shall submit to the Board the following for approval: 1) a petition signed by a minimum of 50 members; 2) proposed dues amount - charter members (petitioners) will automatically be assessed initial dues; 3) draft bylaws; and 4) the names of nine persons to serve as an initial board of directors from whom two shall be designated a chair and budget officer. Such sections shall be open to all members of the State Bar and non-voting associate members as specified in relevant section bylaws and shall be governed by policies established by the Board. No report or recommendation or any action of any section shall be considered as the action of the State Bar unless and until it has been approved by the Board.
Section 9.2 Committees.
The President of the State Bar shall, with the approval of the Board, as soon as practical after January 1st, determine which committees he or she deems advisable and appoint and announce the membership of all such committees. The committees shall be governed by policies established by the Board. Such committees, as determined by the President with approval of the Board, may be either standing or ad hoc. No report or recommendation or any action of any committee shall be considered as the action of the State Bar unless and until it has been approved by the Board.
Section 9.3 Reports of Sections and Committees.
All committees and sections shall present to the Board an annual report for the previous 12 months and such other reports as may be requested by the President of the Board. Annual written reports of all sections and committees, with their recommendations, shall be presented to the Executive Director of the State Bar by December 31. If a section or committee does not submit an annual report by December 31, it will be placed on the sunset list for the following year pursuant to Section 9.4 below. Proposed budgets for the next year will be submitted at the request of the Executive Director.
Section 9.4 Annual Review of Sections and Committees.
The Board or its designee shall establish a sunset date for each section and committee that shall be on December 31 of a selected year. On or before September 1 of the sunset year, a member or members of the Bar may petition the Board to continue the section or committee. If no member of the Bar petitions the Board to continue the section/committee, it will automatically cease to exist on its sunset date unless the Board on its own motion votes to continue the section/committee. The petition must contain reasons why the section/committee should be continued. If the Board determines that the petition contains sufficient reason to continue the section/committee, it will be continued. Otherwise, the section/committee will be abolished. If a section/committee is continued beyond its sunset date, it will be subject to sunset again in five years, at which time the petition process set forth in this section will be required to continue the section/committee.
Section 10.1 Board Approval Required
No section, committee, division or member thereof shall represent the State Bar before any legislative body, in any court or before any other tribunal, or to the public, unless authorized to do so by the Board.
No report or recommendation or any action of any section, committee or division shall be considered as the action of the State Bar unless and until it has been approved by the Board.
Section 10.2 Executive Director Approval
No section, committee or division shall publicly release or announce any recommendation or action of the section, committee or division unless the Executive Director determines:
(a) The recommendation or action is germane to the purpose of the section, committee or division;
(b) The recommendation or action was taken by a majority of the Board of Directors of the section or division or a majority of the members of the committee; and,
(c) The release or announcement indicates it is the action of the section, committee or division and does not represent the view or action of the State Bar.
If the Executive Director disapproves any release or announcement, the matter shall be submitted to the Executive Committee of the Board for final approval or disapproval.
Section 11.1 Selection of Legislative Counsel.
The Board may designate, by written contract, and at such times and under such circumstances as the Board shall approve, a legislative counsel. Legislative counsel shall be registered as a lobbyist in accordance with the statutes and rules of the appropriate legislative body. The Board may, from time to time, authorize the President to enter into agreements with legislative counsel for fees and expenses approved by the Board. Lobbying activities may also be conducted in whole or in part through a committee of the State Bar.
Section 11.2 Authorization of Lobbying Activities and Bill Reading.
The Bar’s legislative counsel may be retained to read all bills introduced in both houses of the State Legislature and report to either the President or Executive Director any proposed legislative measures which affect the legal system, the legal profession as such, or the practice of law in general. Lobbying activities concerning specific legislation will not be conducted without prior authorization by the President or in his or her absence, the President-Elect. Furthermore, without such prior authorization, legislative counsel shall not be authorized to make any statement concerning the organization’s position on specific legislation.
Section 11.3 Approval of Positions on Legislative Matters.
Neither the President nor the President-Elect, in his or her absence, or legislative counsel shall represent to a legislative body a position as that of the Board or authorize legislative counsel to conduct lobbying activities with regard to specific legislative proposals unless the Board itself shall have first approved such action by resolution approved by a vote of two-thirds (2/3) of the Board present at a regular or special meeting of the Board. The vote of each Commissioner, shall be recorded as for or against the position proposed with regard to each item concerned unless the action taken is unanimous. The results of all Board votes shall be published within a reasonable time in the Bar Bulletin.
Section 11.4 Notification of Legislative Advocacy and Payment of Expenses.
To the extent reasonably practical, the membership of the Bar shall be notified of proposed legislative advocacy, in advance, by notice published in the Bar Bulletin. The Board of Bar Commissioners, in its annual budgeting process, shall determine an amount to be allocated each year toward the legislative activities. The full amount, and the Board's proposed action shall be disclosed to the members of the Bar in the annual disclosure statement. When the dues notice is sent out to the members of the New Mexico State Bar, there shall be a specific line allowing each member the right to opt out and not have any of the member's mandatory dues applied toward any legislative activity conducted by the Board for the period covered by the dues statement.
Section 11.5 Legislative, Executive and Judicial Advocacy by Divisions, Sections and Committees of the State Bar.
Legislative, executive and judicial advocacy by sections, divisions and committees of the State Bar shall be conducted only in a manner consistent with and in accordance with these Bylaws.
Subsection 11.5 a Position Advanced by Committees and Divisions.
No committee or division of the State Bar is authorized to engage in activity designed to influence a legislative, executive or judicial position or to publicly or privately advance a position without the advance approval of the Board. Any proposed legislative advocacy shall be presented to the Board setting forth the specific position to be taken as well as the proposed method and manner of presenting the same. If State Bar funds are to be used to present said position, the proposal must be approved by resolution of the Board approved by a vote of two-thirds (2/3) of the Board of Bar Commissioners present at a regular or special meeting of the Board.
Subsection 11.5 b Position Advanced by Sections.
(1) Sections of the State Bar are not prohibited from providing legislative bodies, state and federal, with content-neutral technical assistance to legislators within the field of legal expertise of the section. The decision of the Board of Directors of a section to provide legislators with content-neutral technical assistance shall be brought to the attention of the Board as soon as practicable, and the furnishing of such assistance shall thereafter be reported in the Bar Bulletin.
(2) Sections are not prohibited from lobbying for or against legislation within the field of legal expertise of the section but must comply with the requirements set forth herein. This may include contacting legislators, testifying before committees, or making public statements in the media.
(3) No mandatory bar dues shall be expended in the activities described in paragraphs 11.5 b (1) and (2) above.
(4) Neither the section nor any person acting on its behalf should take any action to support or oppose legislation unless the position has been approved by a two-thirds vote of the Board of Directors of the section after giving reasonable notice to the membership of the section and the Board. In addition, a section by amendment of its bylaws may adopt a more stringent procedure such as submitting the lobbying position to an actual vote of the section membership or other poll of section membership in order to establish section approval. The results of all votes by section Board of Directors on proposals to support or oppose legislation shall be transmitted immediately to the Board and published within a reasonable time in the Bar Bulletin. When a section Board adopts a position by a less-than-unanimous vote, a role-call vote shall be taken, and each Director’s vote shall be included in the published notice. A section may adopt a general position in anticipation of legislative action even though specific legislation may not have been introduced. Also, the section is authorized to represent the section’s position in connection with any amendments or substitute legislation which is consistent with the original position adopted by the Board of Directors of the section.
(5) The Board shall have the authority to disapprove the position of a section if the Board finds that the section did not properly follow the procedures for obtaining section approval for the lobbying activity or legislative position.
(6) The representatives of the section engaging in lobbying activity, shall always identify themselves and their positions as those of the section of the Bar and not the State Bar or the Board in general.
(7) A procedure consistent in form and content with that required in these guidelines shall also be followed in support of any position sought to be advocated by any section before an executive or judicial body.
The State Bar shall indemnify any director, former director, officer or former officer of the State Bar against: (1) reasonable expenses, costs and attorneys fees, actually and reasonably incurred by said director, former director, officer or former officer in connection with the defense of any action, suit or proceeding, civil or criminal, in which he/she is made a party by reason of being or having been a director or being or having been an officer, and (2) any amounts paid to satisfy a judgment or to compromise or settle any claim; provided, however, that the State Bar will not indemnify directors or officers against liability caused by breaches or failure to perform the duties of a director or officer which constitutes willful misconduct or recklessness. The intent of this bylaw is to permit indemnification under the broadest interpretation of the conditions under which indemnification is permitted by N.M. Stat. Ann. § 53-8-26 (1987) as am-ended.
Indemnification may be made in advance or at the time of actual payment by the director or officer for reasonable expenses to be incurred in connection with the defense of the action, suit or proceeding, or at the time of any settlement or payment or judgment; provided, however, if it is determined that the director or officer is liable on the basis that he/she breached or failed to perform duties and that the breach or failure to perform constitutes willful misconduct or recklessness, then the director or officer must reimburse the State Bar for all sums which he/she was ineligible to receive.
Section 13.1
In addition to the appointments for various State Bar committees, the President and/or the Board are required to make the following appointments:
A. Board Appointments
1. Judicial Standards Commission. N.M. Stat. Ann. § 34-10-1 (1978) requires the Board to appoint two commissioners for four-year terms. Prior to June 30 in each even numbered year, the Board shall appoint one Commissioner who shall be a lawyer but not a member of the Board.
2. Rocky Mountain Mineral Law Foundation. The Board shall appoint a lawyer for a three-year term.
3. Center for Civic Values IOLTA Grant Committee. The Board shall appoint one lawyer and one non-lawyer to this committee to serve at the pleasure of the Board.
4. Supreme Court Committees. N.M. S. Ct. Rule 23-106 allows the Board to appoint a liaison to each standing, special or temporary committee for a term of one year. The Standing Committees are:
(a) Courts of Limited Jurisdiction Committee
(b) Rules of Criminal Procedure for the District Courts Committee
(c) Rules of Civil Procedure for the District Courts Committee
(d) Appellate Rules Committee
(e) Rules of Evidence Committee
(f) Uniform Jury Instruction - Civil Committee
(g) Uniform Jury Instruction -Criminal Committee
(h) Minimum Continuing Legal Education Committee
(i) Specialization Board
(j) Board of Bar Examiners
(k) Children’s Court Rules Committee
5. The Board shall appoint a delegate to the American Bar Association for a two-year term.
6. The Board shall appoint representatives to New Mexico Legal Aid and DNA - People’s Legal Services, Inc.
7. The Board shall appoint one representative to the Civil Legal Services Commission for a three-year term.
8. The Board shall appoint three representatives to the New Mexico Access to Justice Commission for three-year terms.
9. The Board shall appoint two representatives to the New Mexico Client Protection Fund Commission for three-year terms.
B. President’s Appointments.
1. Risk Management Advisory Board. N.M. Stat. Ann § 15-7-4 (1978) requires the President to appoint an attorney to serve on this Board for a term of four years.
2. Disciplinary Board. N.M. S. Ct. Rule 17-101 requires the President to appoint an attorney for a term of three years.
3. Judicial Nominating Commissions. N.M. Constitution Art. VI, Sec. 35, 36 and 37 requires the President to appoint at least four members Rof each commission (appellate, district court and metropolitan court). The term of appointment is not specified. Each appointee shall serve at the pleasure of the President.
The office of the State Bar of New Mexico shall be maintained in the City of Albuquerque, New Mexico.
These Bylaws may be amended by the Board at any regular meeting of the Board. No amendment shall be proposed or considered except after 30 days advance notice of the proposed amendment to the members of the Board. This requirement of advance notice may be waived by unanimous written consent of all Commissioners.
Amendments to the Bylaws may only be adopted by the affirmative vote of three-fourths of the members of the Board present and voting once a quorum is established or a majority of the members of the total Board, whichever is greater.