Local Rule LCrR 57.29: REINSTATEMENT
D.D.C. — Criminal rule
LCrR 57.29 REINSTATEMENT
(a) AFTER DISBARMENT OR SUSPENSION.
An attorney suspend for a specific period shall be automatically reinstated at the end of the period upon the filing with the Court of an affidavit of compliance with the provisions of the order of suspension (including, in the case of reciprocal discipline, proof that the attorney has been reinstated by the court in which the attorney was disciplined). An attorney suspended for an indefinite period may not resume practice until the suspension is terminated by an order of the Disciplinary Panel. A disbarred attorney may not resume practice until reinstated by order of the Disciplinary Panel.
(b) TIME OF APPLICATION FOLLOWING DISBARMENT OR SUSPENSION FOR INDEFINITE PERIOD.
A person who has been disbarred may not apply for reinstatement until the expiration of at least five years from the effective date of the order of disbarment. A person who has been suspended for an indefinite period may not apply for termination of the suspension until after the expiration of the minimum period fixed by the order of suspension or, if no minimum period is fixed, for a period of three years, or, in the case of reciprocal discipline, upon proof that the attorney has been reinstated by the court in which the attorney was discipline.
(c) HEARING ON APPLICATION.
Petitions for reinstatement under this Rule shall be filed with the Clerk to the Committee. The Committee shall have 30 days within which to respond. The attorney shall have the burden of demonstrating by clear and convincing evidence that he/she has met the conditions of reinstatement or termination of suspension as provided for under these Rules. The Disciplinary Panel may hold a hearing on the application or, in its discretion, decide the matter on the basis of the papers filed.
(d) CONDITIONS OF REINSTATEMENT OR TERMINATION OF SUSPENSION.
If the Disciplinary Panel finds the attorney unfit to resume the practice of law, the petition for reinstatement shall be denied. If the Disciplinary Panel finds the attorney fit to resume the practice of law, it shall issue an order reinstating the attorney or terminating the suspension. The order may make reinstatement or termination of the suspension conditional upon the payment of all or part of the costs of the proceedings and upon the making of partial or complete restitution to parties harmed by the attorney's misconduct which led to the suspension or disbarment. In the discretion of the Disciplinary Panel, reinstatement or termination of suspension may also be conditioned upon the furnishing of proof of competency and learning in the law, which proof may include certification by the Bar examiners of a State or other jurisdiction of the attorney's successful completion of an examination for admission to practice subsequent to the date of indefinite suspension or disbarment.
(e) SUCCESSIVE PETITIONS.
No petition for reinstatement or for termination of suspension under this Rule shall be filed within one year following an order denying a petition for reinstatement or termination of suspension filed by or on behalf of the same person.
(f) NOTIFICATION OF REINSTATEMENT.
Upon entry of an Order of Reinstatement or an Order Termination Suspension, the Clerk shall promptly notify the same persons who notified of the disciplinary orders.
COMMENT TO LCrR 57.29: Section (a) provides that to apply for reinstatement in the case of reciprocal discipline, the attorney must submit proof of reinstatement by the court in which the attorney was disciplined. Section (c) provides that the Committee will have 30 days to respond to a petition for reinstatement. The provision outlining the respondent's burden in obtaining reinstatement requires proof that the respondent has met the conditions of reinstatement under these Rules.
Section (d) sets forth the conditions for reinstatement. It provides that the Disciplinary Panel has the discretion to condition reinstatement or termination of suspension upon proof of competency and learning in the law, eliminating the provision that such proof would only be required if the disbarment or suspension lasted for five years or more. Section (f) provides for notification of reinstatement to the attorney.