Local Rule RULE 83.4: REINSTATEMENT OF ATTORNEYS

RULE 83.4 REINSTATEMENT OF ATTORNEYS

(a) After Disbarment or Suspension An attorney suspended for three months or less shall be automatically reinstated at the end of the period of suspension upon filing with the Clerk of Court an affidavit of compliance with the provisions of the order suspending them. An attorney suspended for more than three months or disbarred may not resume practice until reinstated upon motion and by Order of this Court.

(b) Time of Application Following Disbarment A person who has been disbarred after hearing or by consent may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment.

(c) Hearing on Application Petitions for reinstatement by an attorney disbarred or suspended under this Rule shall be filed with the Chief Judge. The Chief Judge shall assign the matter to one or more judges of this Court for consideration. If the underlying disciplinary proceeding was predicated upon the complaint of a judge of this Court, that judge shall be excluded from considering the petition for reinstatement. The judge or judges assigned to the matter shall, within 30 days, either grant the petition or set the matter for hearing. If a hearing is set, the petition shall be referred to counsel to make recommendations as to whether reinstatement is proper. Counsel may be required to file a report prior to the hearing and may also cross-examine the petitioner and his/her/their witnesses and be responsible for submitting any evidence in opposition to the petition. The petitioner has the burden of demonstrating by clear and convincing evidence that he/she/they have the qualifications, competency, and learning in the law required for admission to practice law before this Court and that his/her/their resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice or subversive of the public interest.

(d) Deposit for Costs of Proceeding As circumstances warrant, the Court may require an advance cost deposit in an amount to be set by the Court to cover anticipated costs of the reinstatement proceeding.

(e) Conditions of Reinstatement If the petitioner is found unfit to resume the practice of law, the petition shall be dismissed. If the petitioner is found fit to resume the practice of law, the judgment shall reinstate them, provided that the judgment may make reinstatement 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 petitioner, whose conduct led to the suspension or disbarment. If the petitioner has been suspended or disbarred for five years or more, reinstatement may be conditioned, in the discretion of the judge or judges before whom the matter is heard, 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 suspension or disbarment.

(f) Successive Petitions An attorney may not file a second or successive petition for reinstatement within one year of any denial of an initial petition for reinstatement.

(g) Fees The fee for general admission to the district bar, or the renewal fee, must be paid, as appropriate. See SDLR 83.1, Fee Schedule, available on the Court's website.