This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
An attorney was convicted of securities fraud, a felony offense, in Colorado. The conviction stemmed from fraudulent practices in connection with the sale of securities. Following the conviction, disciplinary proceedings were initiated in New Mexico to address violations of the Rules of Professional Conduct (paras 2-3).
Procedural History
- Supreme Court of New Mexico, September 3, 1986: The attorney was summarily suspended from the practice of law based on the felony conviction (para 2).
- Colorado Court of Appeals, February 22, 1990: The attorney's conviction for securities fraud was affirmed (para 3).
Parties' Submissions
- Disciplinary Board: Argued that the attorney's felony conviction constituted violations of the Rules of Professional Conduct and warranted disbarment (paras 1, 3-4).
- Respondent (Attorney): Admitted to the conviction and agreed not to contest allegations of professional misconduct, consenting to disbarment (para 4).
Legal Issues
- Should the attorney be disbarred based on the felony conviction for securities fraud and violations of the Rules of Professional Conduct?
Disposition
- The attorney was disbarred from the practice of law in New Mexico, effective nunc pro tunc as of September 3, 1986 (para 5).
Reasons
Per curiam: The court found that the attorney's felony conviction for securities fraud constituted violations of the Rules of Professional Conduct, specifically provisions addressing criminal conduct, dishonesty, and conduct prejudicial to the administration of justice. The attorney consented to disbarment, and the court adopted the Disciplinary Board's recommendation to disbar the attorney retroactively to the date of the original suspension. The court also waived compliance with certain procedural requirements due to the earlier suspension and assessed costs against the attorney (paras 1, 3-6).