SENATE MEMORIAL 7

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Roberto "Bobby" J. Gonzales

A MEMORIAL

REAFFIRMING SUPPORT FOR MILITARY SPOUSE PROFESSIONAL AND OCCUPATIONAL LICENSURE RECIPROCITY AND AFFIRMING SUPPORT FOR THE INCLUSION OF MILITARY SPOUSE ATTORNEYS.

     WHEREAS, New Mexico has a long and proud history of military service by its residents that dates back hundreds of years before statehood; and

     WHEREAS, service members at home and abroad are committed to New Mexico, the United States and the defense of freedom; and

     WHEREAS, New Mexico is committed to strengthening support to military personnel, veterans and military families in New Mexico; and

     WHEREAS, the New Mexico legislature and Governor Michelle Lujan Grisham have previously recognized the challenges posed to military spouses who hold professional and occupational licenses through the passage of House Bill 30 (2020) (expedited licensure for military families) and House Bill 120 (2021) (military spouse expedited licensure), which has since helped New Mexican military families overcome licensing barriers; and

     WHEREAS, the New Mexico legislature is requested to reaffirm its support for military spouse professional and occupational licensure reciprocity and to affirm support for military spouse attorneys, as well; and

     WHEREAS, the New Mexico legislature urges the supreme court and the New Mexico board of bar examiners to adopt rules that accommodate the unique needs of military spouse attorneys who move frequently in support of national defense, including:

          A. enacting "admission by endorsement" for military spouse attorneys, whereby a military spouse attorney who holds an active license to practice law in at least one state or territory or the District of Columbia, in good standing in all jurisdictions where admitted, and who possesses the requisite character and fitness and meets the educational standards required for admission would be admitted without examination to the practice of law in New Mexico, if the applicant:

                (1) demonstrates presence in New Mexico due to a spouse's military service;

                (2) establishes that the applicant is not currently subject to a lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;

                (3) pays any applicable annual client protection fund assessment; and

                (4) complies with all other ethical, legal and continuing legal education obligations;

          B. reviewing current bar application and admission procedures to ensure that those procedures are not unduly burdensome to military spouse attorneys and that those applications are handled promptly; and

          C. encouraging mentorship programs to connect military spouse attorneys with local members of the bar; and

     WHEREAS, the New Mexico senate urges the supreme court and New Mexico board of bar examiners to consider adoption of the military spouse J.D. network's proposed rule for military spouse attorney limited licensure filed with the supreme court originally on June 30, 2018, as amended, restated and refiled on June 25, 2021;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that military spouse professional and occupational licensure reciprocity, including military spouse attorney licensure reciprocity, continue to be a priority on behalf of all military families serving in New Mexico; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of veterans' services, the chief justice of the supreme court, the executive director of the New Mexico board of bar examiners and the commanders of Kirtland air force base, Cannon air force base, Holloman air force base and White Sands missile range.

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