2020 New Mexico Statutes
Chapter 36 - Attorneys
Article 2 - Regulation of Attorneys
Section 36-2-23 - [Effect of disbarment; reinstatement.]

Every judgment or order of disbarment or suspension made in pursuance of this chapter by the supreme court of this state, shall operate while it continues in force to deny the party against whom the same is rendered the right to appear in any of the courts of this state; but an attorney-at-law, who by such order or judgment of the supreme court has been disbarred from practice or suspended for a longer period than two years for any offense not indictable, on application to the supreme court may be reinstated as such attorney in the discretion of the court at any time after two years from the date of such judgment.

History: Laws 1909, ch. 53, § 46; Code 1915, § 374; C.S. 1929, § 9-149; 1941 Comp., § 18-122; 1953 Comp., § 18-1-22.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The 1915 Code compilers substituted "this chapter" for "this act," presumably to refer to Code 1915, ch. 8, §§ 327 to 376, the operative provisions of which are compiled as 36-2-10 to 36-2-19, 36-2-21, 36-2-23, 36-2-24 and 36-2-27 NMSA 1978.

Cross references. — For provisions of Rules Governing Discipline, see Rule 17-101 NMRA et seq.

Effect of order of suspension. — After an order of suspension from practice in all of the courts of the state, it is a contempt of court for an attorney to hold himself out as an attorney at law. State ex rel. Patton v. Marron, 1917-NMSC-039, 22 N.M. 632, 167 P. 9.

An order of suspension from practice in "all of the courts of this state" prohibits an attorney at law from practicing in the probate or other inferior courts during the term of such suspension. State ex rel. Patton v. Marron, 1917-NMSC-039, 22 N.M. 632, 167 P. 9.

Disbarred attorney who is not a bona fide resident of the state is not eligible to reinstatement, such application being in effect one for admission to practice. In re Fleming, 1932-NMSC-021, 36 N.M. 93, 8 P.2d 1063.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law §§ 19, 20, 70 to 72.

Pardon as restoring license or other special privilege or office forfeited by conviction, 58 A.L.R.3d 1191.

Continued practice: disbarment or suspension of attorney in one state as affecting right to continue practice in another state, 81 A.L.R.3d 1281.

Reinstatement of attorney, 83 A.L.R.3d 871.

7A C.J.S. Attorney and Client §§ 120 to 130.