Local Rule D.C.COLO.LAttyR 11: REINSTATEMENT AND READMISSION

D.C.COLO.LAttyR 11 REINSTATEMENT AND READMISSION

(a) Reinstatement After Suspension; Readmission after Disbarment.

(1) General Procedure. An applicant for reinstatement or readmission shall complete an approved form provided by the clerk and pay any fees established by the court. An application for reinstatement or readmission shall be investigated by one or more members of the Committee appointed by the chairperson. Following investigation, the Committee shall prepare a recommendation. If the Committee recommends denial of the application, the Committee shall first notify the applicant of the recommendation and the corresponding reasons, and provide the applicant with an opportunity to provide a written response. The recommendation, the response, and all supporting documents shall be submitted to the Panel for decision.

(2) When Application May be Made. An attorney who has been suspended may apply for reinstatement or readmission only after the term of suspension has expired. An attorney who has been disbarred may not reapply until at least five years after disbarment.

(3) Standards. An attorney who has been suspended or disbarred and who seeks reinstatement or readmission must show by clear and convincing evidence that the attorney has been rehabilitated, has satisfied any condition required by the court, and is fit to practice law. Notwithstanding, the Panel retains discretion to deny for good cause reinstatement to an attorney who has been disbarred by this court.

(4) Reinstatement Not Automatic. Reinstatement or readmission is neither automatic nor a matter of right, except that reinstatement following administrative suspension for failure to pay an annual fee or to comply with mandatory continuing legal education requirements shall be automatic on receipt by this court of written proof of reinstatement by the original suspending jurisdiction.

(5) Effect of Reinstatement or Admission in the Original Disciplining Court. An attorney who has been reinstated or readmitted by the original disciplining court, but who remains suspended or disbarred in a different court for the same conduct as that at issue in the original disciplining court, may apply for reinstatement or readmission. The attorney may be required to demonstrate professional competence.

(6) Conditions. Reinstatement or readmission may be subject to conditions as the Panel may require, including but not limited to monitoring, reporting, testing, and education.

(b) Reinstatement from Disability Inactive Status or After Suspension Because of Disability or Incapacity.

(1) Applications. An attorney who is on disability inactive status or who has been suspended for mental or physical disability or substance abuse may apply for reinstatement not more than once a year, or more frequently if the Panel so directs. An attorney who was suspended because of a judicial declaration of incompetence or involuntary commitment to a treatment facility must provide proof that the attorney has been declared competent by a court of competent jurisdiction.

(2) Disclosures, Consent, and Waiver. An attorney applying for reinstatement under this rule shall disclose the name and address of every psychiatrist, psychologist, physician, hospital, or other health-care provider that has examined or treated him or her in the three-year period before his or her suspension, unless the Committee establishes a different period. The attorney shall furnish the Panel or the Committee a written consent and release to obtain from these sources information and records requested by the Panel or the Committee or any expert designated by the Committee. Filing an application for reinstatement constitutes waiver of any physician-patient privilege or psychotherapist-patient privilege with respect to any related examination, diagnosis, or treatment of the attorney.

(3) General Procedure. The Committee may take or direct such action as it deems appropriate to investigate whether the application should be granted, including collection of evidence and examination by such medical experts as the Panel or Committee may designate. The Committee may direct that the expense of examination be paid by the attorney. The attorney may make a written submission to the Committee. The Committee shall submit its recommendation to the Panel, which shall determine whether to approve the application.

(4) Standard. The application shall be granted only if the attorney shows by clear and convincing evidence that the attorney is no longer disabled and is fit to practice law.

(5) Conditions. Reinstatement under this rule may be subject to such conditions as the Panel may require.