ABA Model Rule 8.4(g) Efforts in New Mexico

Status of Action in New Mexico

October 2019
The New Mexico Supreme Court amended its misconduct rule.

The New Mexico Supreme Court amended New Mexico Rules of Professional Conduct Rule 8.4 to include a prohibition on discrimination and harassment. The provision largely tracks ABA Model Rule of Professional Conduct 8.4(g); however, it is not ABA Model Rule 8.4(g). The New Mexico rule includes several verbal changes and, substantively, the protections of the black letter of the New Mexico rule do not extend to persons based on their socioeconomic status. New Mexico also adopted Comments to explain the new provision. These Comments track those of ABA Model Rule 8.4(g), but are not identical to them.