Rule 24 Reinstatement from Disability Inactive Status
Part Two: Proceedings in Which an Attorney Is Declared to Be Incompetent or Alleged to Be Incapacitated
Rule Text
(a) No attorney transferred to disability inactive status may resume active status except by order of the Supreme Court. An attorney transferred to disability inactive status is entitled to petition for transfer to active status once a year or at whatever shorter intervals the Court or Complaint Tribunal may direct in the order transferring the attorney to disability inactive status or any modifications thereof.
(b) Procedures for reinstatement of an attorney transferred to disability inactive status shall be, insofar as is applicable, the same as the procedure for reinstatement of an attorney following suspension upon disciplinary grounds. The petition for reinstatement shall be filed with the Clerk of the Court, and a copy shall be served upon the Bar. An investigatory fee of $1,000.00 shall be paid to the Bar in addition to any other sum due to the Bar. The petition shall include a status report from Lawyers and Judges Assistance Program regarding the attorney’s treatment, monitoring, and compliance. In addition, the attorney shall obtain an examination by a medical expert approved by Lawyers and Judges Assistance Program specifically addressing the removal of the attorney’s disability and include the report with the petition. The expense of the examination shall be borne by the attorney.
(c) Upon receipt of the reinstatement petition, Office of General Counsel shall commence investigation within thirty (30) days. Upon completion of the investigation or within one hundred twenty (120) days from the commencement of the investigation, whichever occurs first, the Board of Bar Commissioners shall fully answer the petition. The Bar shall determine, based upon Office of General Counsel’s investigation, whether the Bar supports, or objects to, the attorney’s reinstatement. Upon filing of the Bar’s answer, the proceedings shall continue as the Court may direct and the Court, in its discretion, may grant or deny the petition as circumstances and justice require. Upon granting the petition for reinstatement, the Court shall reinstate any pending disciplinary matters that were held in abeyance upon the attorney’s transfer to disability inactive status. Pending final resolution of any such disciplinary matters, the Court may, upon motion of the Bar, place the attorney on interim suspension.
PART THREE. MISCELLANEOUS