The United States Department of Justice has filed a lawsuit against the New Mexico Supreme Court and the New Mexico Board of Bar Examiners, alleging both bodies violated the Servicemembers Civil Relief Act by refusing to recognise the out-of-state law licences of military servicemembers and their spouses relocated under military orders.
The complaint, filed on 11 June 2026 by the DOJ’s Civil Rights Division under Assistant Attorney General Harmeet K. Dhillon, centres on a military spouse licensed to practise law in Texas, Washington and Maryland who was prevented from accepting a position at the Las Cruces District Attorney’s Office following his wife’s transfer to Holloman Air Force Base. The DOJ alleges that New Mexico imposes requirements on military licence applicants — including transcripts, test scores, references and a full character and fitness evaluation — that exceed what the Servicemembers Civil Relief Act permits.
The SCRA confers on qualifying servicemembers and their spouses the right to have covered out-of-state licences recognised in any state to which they relocate under military orders. New Mexico, home to four major military installations and more than 14,000 active-duty servicemembers, is the named defendant but Dhillon’s statement makes clear the action carries a broader warning. State supreme courts and bar associations across the United States have been put on notice to come into full compliance immediately or face equivalent DOJ action.
The Civil Rights Division’s Housing and Civil Enforcement Section, working alongside the District of New Mexico US Attorney’s Office under First Assistant Ryan Ellison, is leading the enforcement. Since 2011 the DOJ has obtained more than $489 million in monetary relief for over 152,000 servicemembers through SCRA enforcement — a track record that signals sustained federal commitment to licence portability as a military readiness and retention issue.
The case establishes that DOJ is prepared to litigate directly against named state supreme courts where bar examiners impose requirements beyond statutory limits — a position with immediate implications for lawyers advising military clients on cross-jurisdictional practice rights. The American Bar Association has long advocated for military spouse licence portability and the DOJ’s escalation to direct litigation against a named court marks a significant shift in federal enforcement approach.
The decision will also be closely watched by international law firms and UK-qualified lawyers monitoring US regulatory trends, as it raises questions about reciprocal recognition frameworks and the extent to which bar regulatory bodies in other jurisdictions maintain compliance with portability obligations applicable to their own military and diplomatic communities. Bar Standards Board guidance on equivalent UK provisions for service-connected relocations may warrant review in light of the DOJ’s enforcement position.