Rule 8.7 Investigation and Favorable Recommendation; Voluntary Conditional Reinstatements and Temporary Reinstatements

Conditional Reinstatements and Temporary Reinstatements.

(1) Investigation.

(a) On the filing of an application for reinstatement under BR 8.1 in which the applicant seeks reinstatement for reasons other than previously imposed discipline, Regulatory Counsel shall conduct such investigation as it deems proper and report to the Chief Executive Officer.

(b) On the filing of an application for reinstatement under BR 8.1 in which applicants seek reinstatement as a result of imposed discipline, Disciplinary Counsel shall conduct such investigations as it deems proper and report to the Chief Executive Officer, as necessary.

(2) Favorable Recommendation. For applications filed under BR 8.1, the Chief Executive Officer shall recommend to the Supreme Court that the application be granted, either conditionally or unconditionally, and shall mail a copy of the recommendation to the applicant.

(3) Voluntary Conditional Reinstatement.

(a) For applications filed under BR 8.1, if the Bar’s investigation establishes concerns about an applicant’s current or future character and fitness practicing law due to past conduct, the Bar may propose to the applicant to recommend to the court a voluntary conditional reinstatement of the applicant with probationary conditions to mitigate concerns about an applicant’s character and fitness. The applicant must agree to submit such a recommendation.

(b) Upon receipt of a recommendation of voluntary conditional reinstatement, the court may approve or modify the recommendation, including approving any probationary conditions imposed; or the court may deny the recommendation.

(4) Temporary Reinstatements.

(a) Except as provided in subsection (4)(b) of this Rule, upon making a determination that an applicant is of good moral character and generally fit to practice law, the Chief Executive Officer may temporarily reinstate them pending receipt of all investigatory materials. A temporary reinstatement shall not exceed a period of four months unless authorized by the court.

(b) An applicant who seeks reinstatement following a suspension or disbarment for professional misconduct, or an involuntary transfer to inactive status, is not eligible for temporarily reinstatement.