AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves Nancy Ana Garner, Esq., an attorney licensed in New Mexico since 1981, who faced disciplinary action due to her conduct in representing clients during the COVID-19 public health emergency. Specifically, Garner represented employees of Sandia National Laboratories (SNL) challenging COVID-19 workplace policies and Backstreet Grill, LLC, in an appeal related to the revocation of its food permit for noncompliance with a COVID-19 public health order. Garner's actions, including making inflammatory and misleading statements in court filings, led to allegations of multiple violations of the Rules of Professional Conduct (paras 3-9).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• New Mexico Disciplinary Board: Argued that Garner engaged in misconduct constituting violations of the Rules of Professional Conduct, including communication with a person represented by counsel, failing to provide competent representation, concurrent conflict of interest, making frivolous assertions, making false statements to a tribunal, disruptive conduct, using means to embarrass or burden a third person, making false statements concerning the qualifications or integrity of a judge, and engaging in conduct prejudicial to the administration of justice (paras 1, 9).
• Respondent (Nancy Ana Garner, Esq.): Did not contest the Disciplinary Board's evidence demonstrating violations of the Rules of Professional Conduct and consented to the discipline imposed by the Court, including public censure (paras 2, 10).

Legal Issues

• Whether Garner's conduct in representing clients related to COVID-19 public health measures constituted violations of the Rules of Professional Conduct (para 1).

Disposition

• Garner consented to the discipline imposed by the Court, including a one-year suspension deferred in lieu of unsupervised probation with conditions, assessment of costs, and public censure (para 2).

Reasons

• The Supreme Court of New Mexico, per curiam, issued a public censure to Garner for her uncontested misconduct to admonish her and caution others against similar future misconduct. The Court highlighted Garner's lack of prior disciplinary history and the specific actions leading to the violations, including her representation of SNL employees and Backstreet Grill, LLC. The Court emphasized the importance of protecting the public, the reputation of the legal profession, and the orderly administration of justice. It concluded that the imposed discipline was sufficient to address these concerns and was consistent with the American Bar Association standards on attorney discipline. The Court also considered aggravating factors, such as a pattern of misconduct and multiple offenses, and mitigating factors, including Garner's expressed remorse and lack of prior disciplinary history, in determining the appropriateness of the discipline (paras 11-25).