The U.S. Department of Justice has filed a federal lawsuit against the New Mexico Supreme Court and the New Mexico Board of Bar Examiners, accusing them of violating the Servicemembers Civil Relief Act (SCRA) by allegedly failing to recognize out-of-state law licenses for military members and their spouses.

Background

The lawsuit claims that New Mexico’s requirements for transferring law licenses—including transcripts, test scores, references, and character evaluations—violate the federal statute. The SCRA is intended to simplify employment transitions for service members and their families.

A legal expert explained that the goal of the SCRA is to allow military spouses to continue their careers without interruption, even when their families are transferred to different states. For example, if a military spouse has been practicing law in Maryland, they should be able to pick up where they left off in New Mexico, without having to reapply for a law license.

Disagreement Over Interpretation

The attorney representing the New Mexico Supreme Court defended the state’s actions, saying that the requirements are necessary to ensure that lawyers have undergone a thorough background check. However, the Department of Justice argues that the SCRA only allows for a limited background check, and that New Mexico’s requirements go beyond what is permitted by federal law.

The New Mexico Supreme Court had attempted to resolve the issue out of court by sending a letter to the Department of Justice seeking clarification on the statute and the allegations. However, the lawsuit was filed after the court requested more time to respond to the Department of Justice’s demands.

Original reporting: KOAT Albuquerque — read the source article.