A. An applicant shall be licensed to practice in New Mexico as an attorney and shall declare an intent to practice as an attorney in public service employment.

B. Prior to submitting an application to the public service law loan repayment program, an applicant shall apply to all available legal education loan repayment programs offered by the applicant's law school for which the applicant qualifies.

C. Prior to receiving a loan repayment award, the applicant shall file with the department:

(1) a declaration of intent to practice as an attorney in public service employment;

(2) proof of prior application to all legal education loan repayment programs offered by the applicant's law school for which the applicant qualifies; and

(3) documentation that includes the applicant's total legal education debt, salary, any amounts received by the applicant from other law loan repayment programs and other sources of income deemed by the department as appropriate for consideration; provided that the applicant shall not be required to disclose amounts of income from military service.

D. Award criteria shall provide that:

(1) preference in making awards shall be to applicants who:

(a) have graduated from the university of New Mexico law school;

(b) have the greatest financial need based on legal education indebtedness and salary;

(c) work in public service employment that has the lowest salaries; and

(d) work in public service employment in underserved areas of New Mexico that are in greatest need of attorneys practicing in public service employment;

(2) an applicant's employment as an attorney in public service employment prior to participation in the public service law loan repayment program shall not count as time spent toward the minimum three-year period of service requirement pursuant to the contract between the participating attorney and the department acting on behalf of the state;

(3) award amounts are dependent upon the applicant's total legal education debt, salary and sources of income other than income from military service deemed by the department as appropriate for consideration;

(4) award amounts may be modified based upon available funding or other special circumstances;

(5) an award shall not exceed the total legal education debt of any participant;

(6) award amounts shall be reduced by the sum of the total award amounts received by the participant from other legal education loan repayment programs; and

(7) an award determination may be appealed to the secretary of higher education.

E. The following legal education debts are not eligible for repayment pursuant to the Public Service Law Loan Repayment Act:

(1) amounts incurred as a result of participation in state or law school loan-for-service programs or other state or law school programs whose purposes state that service be provided in exchange for financial assistance;

(2) scholarships that have a service component or obligation;

(3) personal loans from relatives or friends; and

(4) loans that exceed individual standard school expense levels.

History: Laws 2005, ch. 83, § 5; 2008, ch. 61, § 3; 2013, ch. 147, § 1; 2018, ch. 32, § 1.

The 2018 amendment, effective July 1 2018, deleted the provision that attorneys who intend to practice in a public service employment position who earn more than $55,000 are not eligible to participate in the public service law loan repayment program; deleted former Subsection C and redesignated former Subsections D through F as Subsections C through E, respectively.

The 2013 amendment, effective June 14, 2013, raised the cap for public service loan repayments; and in Subsection C, after "employment position that earns more than", deleted "forty-five thousand dollars ($45,000)" and added "fifty-five thousand dollars ($55,000)".

The 2008 amendment, effective May 14, 2008, in Paragraph (3) of Subsection D, provided that the applicant shall not be required to disclose amounts of income from military service; in Paragraph (3) of Subsection E, provided that award criteria shall not include income from military service; and added Paragraph (7) of Subsection E.