Rule 22.1 Reinstatement following administrative suspension

(a) A lawyer who has been administratively suspended under Supreme Court Rule 69(j) or Continuing Legal Education Rule 5(D) and fails to seek reinstatement by July 1 of the year of the administrative suspension may seek reinstatement by filing a petition for reinstatement with the Supreme Court and serving the petition upon the ODC. The petition shall include the petitioner’s explanation for the administrative suspension and the petitioner’s plans to remedy the basis for the administrative suspension. The petitioner bears the burden of demonstrating that there are good reasons for reinstatement.

(b) The ODC shall make a recommendation to the Court on how the petition should be addressed. In making its recommendation, the ODC should consider:

(i) the petition for reinstatement;

(ii) the length of time since the petitioner was administratively suspended;

(iii) the petitioner’s fitness to practice, overall competence, and current awareness of recent developments in the law;

(iv) the petitioner’s compliance with annual registration and continuing legal education requirements before their administrative suspension;

(v) the petitioner’s status to practice in any other jurisdiction; and

(vi) any other information the ODC believes to be relevant.

(c) Within 30 days of service of the petition for reinstatement, the ODC shall file its recommendation, including the basis for the recommendation, with the Court. The ODC may recommend:

(i) granting of the petition, with or without conditions;

(ii) referring the petition to the Board on Professional Responsibility for further action in accordance with Rule 22 of these Rules;

(iii) referring the petition to the Board of Bar Examiners for determination of the petitioner’s suitability to resume active status;

(iv) the denial of the petition; or

(v) any other course of action that the ODC believes is reasonable under the circumstances.

(d) Within 15 days of service of the ODC’s recommendation, the petitioner may file a reply.

(e) The Court shall review the petition, recommendation, and reply, if any. If the Court finds that the petitioner has shown good reasons for reinstatement, the Court may enter an appropriate order reinstating the petitioner with any conditions. If the Court finds that the petitioner has not shown good reasons for reinstatement, regardless of whether reinstatement has been recommended by the ODC, the Court may deny the petition or direct further proceedings as appropriate.