Late Fee Waiver Policies

The following policies were adopted by the Board of Bar Commissioners (BBC) on December 14, 2022. 

1. A 90-day extension to meet MCLE and Licensing requirements may be obtained by paying the $275 late fee.  The $275 payment may be waived if the attorney is experiencing an extreme hardship (Rule 24-102(D)(1)(a)).  This waiver must be requested by February 1 of the current licensing year. Rule 24-102(D)(2) NMRA. 
2. The State Bar does not waive licensing fees or MCLE requirements for members other than Active-Duty Military.  Members who are unable to meet their licensing requirements by April 30 of the current compliance year have the option to change to temporary inactive status.   

• NOTE:  Members who are on inactive status for one year or less need only meet their outstanding requirements to be reactivated to active status.

3. Definition of Extreme Hardship
   • An extreme financial hardship is one that is beyond the control of the petitioner and creates a significant burden on the petitioner such that it would result in a decline in the petitioner’s standard of living and/or quality of life.
   • An extreme medical hardship is a health issue that caused petitioner to be unable to work for 3-months or more during the compliance period.  Please be aware that, in accordance with Rule 24-102(D)(1)(a) NMRA this request will be sent to the Disciplinary Board for a determination under Rule 17-208 NMRA.
   • Other extreme hardship is a circumstance other than financial or medical that caused an impact on petitioner similar to the impacts described above.
4. Petitions for a late fee waiver filed after February 1 of the current licensing year must be accompanied by a showing of excusable neglect or circumstances beyond the control of the petitioner. Rule 24-102(D)(2) NMRA.  Justification of excusable neglect requires unique or extraordinary circumstances beyond the control of the petitioner.  The BBC has authorized the Executive Director of the State Bar to determine whether this standard for excusable neglect has been met.
5. The State Bar will not accept untimely petitions for Late Fee Waiver after April 1 of the current compliance year. 
6. Attorneys must complete outstanding MCLE and Licensing requirements no later than April 30 of the current year or face possible suspension of his/her license to practice law in New Mexico regardless of whether a late fee waiver is granted.
7. Petitions for waiver of a late fee based on a lack of knowledge of the requirements or license renewal process will not be granted.  This includes but is not limited to lack of awareness of any requirement stated or process outlined in the NMSC Rules including deadlines, succession planning requirements, lack of knowledge regarding MCLE credits earned, expectation of receiving an invoice, etc.

Active-Duty Military.  The State Bar may waive licensing requirements in accordance with Rule 24-102(D)(b) NMRA for members of the State

Request a Waiver Form