In re Treinen

An Attorney Licensed to Practice Before the Courts of the State of New Mexico DISCIPLINARY PROCEEDING OPINION ¶1 This matter is before the Court following attorney disciplinary proceedings conducted according to the Rules Governing Discipline. This Court is called upon to resolve two issues. First, whether this Court has the authority to impose discipline on an attorney who has pled no contest to a criminal act and who has been given a conditional discharge pursuant to NMSA 1978, Section 31-20-13(A) (1994). And second, whether there may be an exception in this case to this Court's general rule that attorneys on probation for a criminal offense will not be permitted to practice law. See In re Griffin, 101 N.M. 1, 1, 677 P.2d 614, 614 (1983) (""[I]t is inconsistent with the practice of law under a license granted by this Court for an attorney to be allowed to practice law while he is on probation for a criminal sentence for a serious crime such as this.""). We answer both questions in the affirmative and adopt the recommendation of the Disciplinary Board that Robert Dale Treinen (Respondent) receive a deferred suspension and be placed on disciplinary probation pursuant to Rule 17-206(A)(2), (B)(1) NMRA 2006. BACKGROUND