History: Laws 1925, ch. 100, § 12; C.S. 1929, § 9-212; 1941 Comp., § 18-127; 1953
Comp., § 18-1-27; 1978 Comp., § 36-2-28, repealed by Laws 2011, ch. 107, § 3.
ANNOTATIONS
Repeals. — Laws 2011, ch. 107, § 3 repealed 36-2-28 NMSA 1978, as enacted by
Laws 1925, ch. 100, § 12, relating to practicing law without a valid license, effective July
1, 2011. For provisions of former section, see the 2010 NMSA 1978 on
NMOneSource.com.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1985–2024 · leading case:
State v. Edwards, 696 P.2d 1006 (N.M. Ct. App. 1985).
State v. Edwards, 696 P.2d 1006 (N.M. Ct. App. 1985).
· cites it 10× “Defendant was originally convicted of five counts of practicing law without a license in violation of NMSA 1978, Section 36-2-28, in the Grant County Magistrate Court.”
United States Tr. v. Brown (In Re Martin), 424 B.R. 496 (Bankr. D.N.M. 2010).
· cites it 2× “BAPCPA amended subsection (i)(l) to delete the creditor’s right to pursue relief but did not amend (i)(2), apparently another example, were one needed (see footnote 8 above), of the shoddy drafting of BAPCPA. 10 . The practice of law in New Mexico without a license is a crime.”
In re Banks, 561 A.2d 158 (D.C. 1989).
“§ 2A:170-78 (West 1981); N.M.Stat.Ann. § 36-2-28 (1984); N.Y. Judiciary Law § 478 (McKinney 1983, 1986 Supp.”
Salas v. Guadalupe Credit Union, 563 P.3d 873 (N.M. 2024).
· cites it 2× “1 and repealing NMSA 1978, Section 36-2-28 (1925), which allowed for the imposition of up to a $500 fine, imprisonment not to exceed six months, or both for a violation of Section 36-2-27).”
Salas v. Guadalupe Credit Union (N.M. 2024).
· cites it 2× “1 and repealing NMSA 1978, Section 36-2-28 (1925), 20 1 which allowed for the imposition of up to a $500 fine, imprisonment not to exceed 2 six months, or both for a violation of Section 36-2-27).”
State v. Daprano, No. 29,433 (N.M. Ct. App. Mar. 2, 2012).
· cites it 3× “In Edwards, this Court 12 analyzed the unit of prosecution under the unauthorized practice of law statute, NMSA 13 1953, § 36-2-28 (1925) (repealed by 2011 N.M. Laws, ch.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.