Local Rule 83.6.10: REINSTATEMENT
D. Mass. — Attorney rule
RULE 83.6.10 REINSTATEMENT
(a) Reinstatement after Suspension. An attorney who has been suspended shall be automatically reinstated at the end of the period of suspension upon the filing of an affidavit stating that:
(1) the period of suspension has expired; and
(2) the attorney has complied with all requirements of any order of suspension.
(b) Reinstatement after Disbarment or Resignation.
(1) Generally. An individual who has ceased to be a member of the district bar for any reason, including disbarment or resignation, may apply for reinstatement.
(2) Application Requirements. An applicant for reinstatement shall:
(A) complete, verify, and file an application for reinstatement on an official form provided by the clerk;
(B) file an affidavit of compliance with any applicable court order imposing conditions as a part of attorney discipline; and
(C) pay the approved attorney reinstatement fee to the clerk.
(3) Waiting Period. An attorney who has been disbarred after hearing or by consent may not apply for reinstatement until at least 5 years after the effective date of disbarment.
(4) Procedure on Application. An application for reinstatement shall be referred to the presiding judge in accordance with L.R. 83.6.5(c) for review and further action.
(A) The presiding judge may designate a magistrate or bankruptcy judge to issue a report and recommendation as to whether or not the application should be approved.
(B) The presiding judge may appoint special counsel to conduct an investigation, to make a report to the court, and to perform any other duty set forth in the order of appointment.
(C) After notice, the presiding judge shall schedule a hearing on the application.
(D) The presiding judge may refer the matter to a magistrate judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(l).
(5) Standard for Reinstatement. The applicant shall have the burden of demonstrating by clear and convincing evidence that he or she is qualified and fit to practice law before this court and that the applicant's resumption of the practice of law before this court will not adversely affect the interests of potential clients, public confidence in the integrity of the bar of this court, or the proper administration of justice.
(6) Approval by District Court Required. If the presiding judge grants the application of an applicant who had been previously disbarred, the matter will be referred to the full court. No order of reinstatement after an order of disbarment shall take effect except upon a majority vote of the district judges of the full court.
Effective January 1, 2015.