Local Rule L.R. 83-6.11: Reinstatement

N.D. Ind. L.R. 83-6.11 Reinstatement

(a) Court Order Required. A suspended or disbarred attorney must not resume practice until reinstated by court order.

(b) Reinstatement by Affidavit.

(1) When Permitted. The chief judge may—without a vote of the court's judges—reinstate a suspended attorney after receiving an affidavit of compliance if the suspension was:

(A) for three months or less; or

(B) because the attorney had been suspended from a state bar for failing to:

(i) pay bar dues on time;

(ii) comply with continuing-legal-education requirements ; or

(iii) comply with IOLTA program requirements.

(2) How Raised. To be reinstated without a vote of the court, an attorney must file:

(A) an affidavit of compliance; and

(B) a certified copy of the judgment or order reinstating the attorney to the state bar, if applicable.

(c) Reinstatement by Petition and Court Vote.

(1) Initiating the Process. An attorney seeking reinstatement from disbarment or any suspension not described in subdivision (b)(1) must file:

(A) a petition with the court; and

(B) if the attorney was suspended or disbarred because another court disciplined the attorney, a certified copy of the other court's reinstatement order.

(2) Chief Judge's Duties. The chief judge must promptly:

(A) consider whether the petition and any supporting materials—including any findings and conclusions from another court's reinstatement order—establish the attorney's fitness to practice law; and

(B) based on the review of the petition and supporting materials, recommend a course of action to the other judges.

(3) Court's Decision. After considering the petition and the chief judge's recommendation, the court's district judges—and bankruptcy judges, if the matter involved an attorney's conduct before the bankruptcy court—may by majority vote:

(A) reinstate the attorney unconditionally;

(B) deny the petition, if they find that the attorney is unfit to resume practicing law; or

(C) reinstate the attorney conditioned on the attorney:

(i) paying for all or part of the proceeding's cost;

(ii) making restitution to parties harmed by the conduct that led to the discipline;

(iii) providing certification from any jurisdiction's bar examiners that the attorney has successfully completed an admission examination after the suspension or disbarment took effect;

(iv) otherwise proving competency and learning in the law (if the suspension or disbarment was for five or more years); or

(v) meeting any other terms the judges deem appropriate.

(d) Timing of Petition.

(1) After Disbarment. A disbarred attorney may not file a reinstatement petition until five years after disbarment.

(2) After Previous Unsuccessful Petition. An attorney who has previously filed a reinstatement petition that was denied may not file another reinstatement petition on the same matter until one year after the denial.

(e) Fee. Any request for reinstatement, whether by affidavit or petition, must be accompanied by a fee in an amount equal to the filing fee for miscellaneous cases.