DOJ lawsuit says Holloman transfer blocked military spouse from Las Cruces legal job

The complaint alleges New Mexico refused to recognize the man's out-of-state law licenses after his wife was transferred to Holloman Air Force Base.

Organ Mountain News report

WASHINGTON – The U.S. Department of Justice sued the New Mexico Supreme Court and New Mexico Board of Bar Examiners on Thursday, alleging the state violated federal protections for servicemembers and military spouses by refusing to recognize qualifying out-of-state law licenses.

The lawsuit, filed under the Servicemembers Civil Relief Act, alleges that New Mexico refused to allow a military spouse to practice law in the state after his wife was transferred to Holloman Air Force Base. The man, who is licensed to practice law in Texas, Washington and Maryland, was unable to accept a higher-paying position at the Las Cruces District Attorney's Office, according to the Department of Justice.

“The Servicemembers Civil Relief Act gives servicemembers and their spouses the right to have their covered out-of-state law licenses recognized in a state where they have relocated due to military orders,†said Harmeet K. Dhillon, assistant attorney general for the Justice Department's Civil Rights Division.

The complaint also alleges New Mexico imposes requirements on military applicants that exceed what is allowed under federal law, including requiring transcripts, test scores, references and a full character and fitness evaluation.

Ryan Ellison, first assistant U.S. attorney for the District of New Mexico, said New Mexico is home to four major military installations and more than 14,000 active-duty servicemembers.

“Our military servicemembers and their families bear great burdens to protect our Nation, including frequent moves and interruptions or barriers to employment,†Ellison said. “In fact, spousal unemployment is a leading cause of servicemembers leaving military service and is a significant readiness and retention issue.â€

The Justice Department said its enforcement of the Servicemembers Civil Relief Act is handled by the Civil Rights Division's Housing and Civil Enforcement Section in partnership with U.S. attorneys' offices.

Since 2011, the department said it has obtained more than $489 million in monetary relief for more than 152,000 servicemembers through SCRA enforcement.