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Rule 8.8 Petition to Review Adverse Recommendation

Title 8: Reinstatement

(1) This Rule applies when the bar has filed an adverse recommendation with the Supreme Court under Title 8 of the BRs or Title 11 of the RLs.

(2) Not later than 28 days after the Bar files an adverse recommendation as described in subsection (1) of this Rule, an applicant who seeks to contest the Bar’s recommendation shall file with the court a petition stating that the applicant wishes to have the case reviewed by the court, serving a copy on Disciplinary Counsel. The State Court Administrator shall give written notice of such a referral to the Disciplinary Board Clerk, Disciplinary Counsel, and the applicant. The applicant’s resignation, disbarment, suspension, or inactive or retired licensure status shall remain in effect until the court’s final disposition of the petition.

(3) Upon de novo review, the court may allow the petition and grant reinstatement or deny reinstatement.

(4) If the court considers it appropriate, it also may

(a) Grant conditional reinstatement, including approved probationary conditions;

(b) refer the petition to the Disciplinary Board to inquire into the applicant’s moral character and general fitness to practice law, or to otherwise inquire into any other issue related to the requirements for reinstatement; or

(c) take any other action that the court deems appropriate.

Amendment history: (Rule 8.8 amended by Order dated June 17, 2003, effective July 1, 2003.) (Rule 8.8 amended by Order dated April 5, 2013.) (Rule 8.8 amended by Order dated May 3, 2017, effective January 1, 2018.) (Rule 8.8 amended and redesignated as Rule 8.8(a) and 8.8(b) by Order dated October 27, 2019, effective December 1, 2019.) (Rule 8.8(a)-(b) redesignated Rule 8.8(1)-(2) by Order dated May 23, 2024, effective January 1, 2025.) (Rule 8.8 amended by Order dated December 18, 2024, effective January 1, 2025.) (Rule 8.8(2) amended by Order dated October 15, 2025, effective January 1, 2026.)