Rule 8.1 Reinstatement — Formal Application Required

(1) Applicants. The following persons are eligible for reinstatement to Bar licensure or active status through only the formal application process described in this rule:

(a) A former licensee who resigned under Form A of these rules prior to December 1, 2019, more than ten years prior to the date of application for reinstatement and who has not been a licensee of the Bar during such period; or

(b) A former licensee who resigned under Form B of these rules prior to January 1, 1996; or

(c) A former licensee who has been disbarred as a result of a disciplinary proceeding commenced by formal complaint before January 1, 1996; or

(d) A licensee who has been suspended for misconduct for a period of more than 6 months; or

(e) A licensee who has been suspended for misconduct for a period of 6 months or less but has remained in a suspended status for a period of more than 6 months prior to the date of application for reinstatement; or

(f) [Reserved]

(g) A licensee who has been involuntarily transferred to an inactive licensure status under BR 3.2; or

(h) A licensee who has been suspended under BR 7.1 for a period of more than five years prior to the date of application for reinstatement; or

(i) A licensee who has been suspended for any reason and has remained in that status more than 10 years.

(2) Formal Application Required. An applicant for reinstatement under this Rule must file a completed application with the Bar on a form prepared by the Bar, in compliance with the Rules of Procedure in effect at the time of such application. The applicant shall attest that the applicant did not engage in the practice of law except where authorized to do so during the period of the applicant’s suspension, disbarment, or resignation. An applicant who has been suspended for a period exceeding 6 months may not apply for reinstatement any earlier than 3 months before the earliest possible expiration of the period specified in the opinion or order imposing suspension. A reinstatement to inactive status is not allowed under this rule.

(3) Duty to Cooperate.

(a) An applicant has a duty to cooperate and comply with requests from the Bar in its efforts to assess the applicant’s good moral character and general fitness to practice law, including responding to a lawful demand for information; the execution of releases necessary to obtain information and records from third parties whose records reasonably bear upon character and fitness; and reporting promptly any changes, additions or corrections to information provided in the application.

(b) The Chief Executive Officer may recommend to the Supreme Court that the application be denied if, during the pendency of a reinstatement application, the applicant engages in conduct that would violate RPC 8.1(a) if done by a licensee.

(4) Character and Fitness.

(a) An applicant must

(a) show that the applicant has good moral character and general fitness to practice law; and

(b) establish they have reformed from engaging in earlier misconduct, if any; and that the resumption of the practice of law in Oregon will not be detrimental to the administration of justice or the public interest.

(b) To establish that the applicant has reformed, the applicant may present evidence, such as

(a) character evidence from people who know and have had the opportunity to observe the applicant;

(b) evidence of the applicant’s participation in activities for the public good;

(c) evidence of the applicant’s forthrightness in acknowledging earlier wrongdoing;

(d) evidence of the applicant’s adequate resolution of any previous substance abuse problem; and

(e) evidence of the applicant’s willingness to pay restitution to those people harmed by the applicant’s earlier conduct.

(c) Notice of and requests for comments on applications shall be published on the Bar’s website for a period of 30 days. The Bar shall consider comments about applicants received in its evaluation of the Applicant’s character and fitness.

(d) An applicant who has a pending inquiry, grievance, or formal complaint with the Bar must establish, by clear and convincing evidence, that reinstatement would not pose a threat to the public or to the administration of justice. Disciplinary Counsel may advise whether applicant’s pending inquiry, grievance, or complaint warrants denial of reinstatement.

(5) Learning and Ability.

(a) An applicant must show that the applicant has the requisite learning and ability to practice law in Oregon. The Bar may recommend and the Supreme Court may require as a condition precedent to reinstatement that the applicant take and pass the bar examination administered by the BBX, or successfully complete a prescribed course of continuing legal education. Factors to be considered in determining an applicant’s learning and ability include, but are not limited to: the length of time since the applicant was an active licensee of the Bar; whether and when the applicant has practiced law in Oregon; whether the applicant practiced law in any jurisdiction as defined by RFA 1.0(1) since they were last an active licensee in Oregon; and whether the applicant has participated in continuing legal education activities since they were last an active licensee in Oregon.

(b) An applicant must complete the following continuing legal education credits, if the applicant has not practiced law or completed continuing legal education courses in any jurisdiction for the identified time period:

(i) A minimum of 15 credits, if more than two years.

(ii) A minimum of 30 credits, if more than four years.

(iii) A minimum of 45 credits, if more than six years.

(iv) A minimum of 60 credits, if more than eight years.

(v) A minimum of 75 credits, if more than ten years.

(vi) A minimum of 90 credits, if more than 15 years. Alternatively, such an applicant may be required to take and pass the bar exam administered by the BBX.

(6) Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay an application fee of $750 at the time the application for reinstatement is filed.

(7) Review by Chief Executive Officer. The Chief Executive Officer shall review any application filed under this Rule, together with any information gathered in the Bar’s investigation of the application.

(a) Approval of Application. If the Chief Executive Officer determines that the applicant has made the showing required by this Rule, the Chief Executive Officer shall recommend to the Supreme Court that the application be granted, either conditionally or unconditionally.

(b) Denial of Application. If the Chief Executive Officer determines that the applicant has not made the showing required by this Rule, the Chief Executive Officer shall recommend to the Supreme Court that the application be denied.

(8) Supreme Court Review. The Supreme Court must determine whether the applicant has satisfied the burden of proof set out in BR 8.12 independent of the Chief Executive Officer’s recommendation. The Supreme Court may grant the application, deny the application, remand to the Chief Executive Officer, or take any other action that it deems appropriate.

(9) No applicant shall resume the practice of law in Oregon or active licensure status unless all the requirements of this Rule are met.