Rule 207.22 Reinstatement proceedings

(a) Proof of rehabilitation. -- Reinstatement following suspension from practice, except for suspensions of 6 months or less shall require proof of rehabilitation before the Board and a final order of reinstatement by the Court.

(b) Reinstatement after suspension of 6 months or less. -- A lawyer suspended for less than 6 months may resume practice at the end of the period of suspension by filing with the Court and serving upon the ODC an affidavit affirming that the lawyer has fully complied with the requirements of the suspension order, and paying any required costs.

(c) Reinstatement after disbarment. -- A lawyer who has been disbarred may not apply for reinstatement until the expiration of at least 5 years from the effective date of the disbarment.

(d) Successive petitions. -- No petition for reinstatement shall be filed within one (1) year following an adverse judgment upon a prior petition for reinstatement.

(e) Notice to ODC and deposit for costs. -- Prior to filing a petition for reinstatement, a suspended or disbarred lawyer, except for lawyers suspended pursuant to Rule 207.16 or suspended on a non-reciprocal basis pursuant to Rule 207.17, shall send a written notification to the ODC of the intent to petition for reinstatement. The lawyer shall thereupon comply with any procedures deemed appropriate by the ODC for the purpose of gathering information for presentation to the Board, including the submission of any information or waivers requested by the ODC, and the advance payment to the ODC of a deposit for the anticipated costs of the reinstatement proceeding. The ODC’s gathering of information as to the lawyer’s proposed candidacy for reinstatement may include physical or psychological examinations of the lawyer at the lawyer’s expense.

(f) Petition to Board. -- All petitions for reinstatement shall be filed with the Board Chair and served upon the ODC. The petition and all subsequent proceedings shall be public. The petition shall set forth a plain and concise statement of the grounds therefor. The ODC may publicly solicit comments or other information on the petition from members of the legal community or the general public by any means the ODC deems appropriate. The ODC may file an answer to the petition with the Board within 30 days of service. The ODC may support, object to, or take no position with respect to the petition.

(g) Hearing before Board. -- After the time expires during which the ODC may file an answer to the petition for reinstatement, the Board Chair shall schedule a hearing on the petition before the Board within 30 days. The petitioner shall have the burden of demonstrating, by clear and convincing evidence:

(1) the petitioner’s professional rehabilitation, including substantial rehabilitation from any drug or alcohol problem from which the petitioner had suffered;

(2) the petitioner’s compliance with all applicable disciplinary orders and other rules, including conditions of restitution;

(3) the petitioner’s fitness to practice;

(4) the petitioner’s overall competence and current awareness of recent developments in the law;

(5) that the petitioner has not engaged in any other professional misconduct in any jurisdiction since suspension or disbarment;

(6) that the petitioner sincerely recognizes the wrongfulness and seriousness of any misconduct upon which the suspension or disbarment was predicated;

(7) that the petitioner has the requisite honesty and professional integrity to resume the practice of law; and

(8) that the petitioner’s resumption of the practice of law will not be detrimental to the administration of justice.

The ODC may in its discretion present evidence in support of or adverse to the petition, and upon the presentation of all evidence, the ODC may make a recommendation to the Board or take no position with respect to the petition. The Board shall conduct the hearing as otherwise provided in these Rules with respect to ordinary disciplinary proceedings. The Board shall file a report containing its findings and recommendations with the Court as provided in Rule 207.9(d)(5) hereof, within 60 days of the conclusion of its proceedings, with service upon the petitioner and the ODC.

(h) Review by Court. -- The petitioner or the ODC may file objections to the Board’s report within 20 days from the date of service. If objections are filed to the Board’s report, the Court may schedule the matter for briefing and argument as appropriate. If no objections are filed, the Court may request argument on the matter prior to entering a final order. If the Court finds that the petitioner has not shown good reasons for reinstatement, whether or not reinstatement has been recommended by the Board, the Court may dismiss the matter or remand it to the Board for further proceedings as appropriate. If the Court finds that the petitioner has shown good reasons for reinstatement, the Court may enter an appropriate order reinstating the petitioner. The Court may attach any conditions it deems appropriate to such a reinstatement order, including but not limited to, restitution to former clients or third parties, the successful completion of the bar examination administered by the Board of Bar Examiners, or a period of probation with such terms and conditions as the Court deems appropriate.