9 Rule 26 Reinstatement

A. Waiting Period; Disbarment. A person who has been disbarred or who has resigned may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment or resignation.

B. Waiting Period; Suspension. A lawyer suspended for less than six months may resume practice at the end of the period of suspension by filing with the Court and serving upon disciplinary counsel an affidavit setting forth the manner in which the lawyer has complied with the requirements of the suspension order. A lawyer who has been suspended for six months or longer shall comply with paragraph D of this rule.

C. Waiting Period; Disability. In the event an application for reinstatement to active status made pursuant to Rule 26 is denied, no further application shall be made for at least one year following such denial, unless permitted by the order placing the applicant on inactive status or the order denying a prior application.

D. Motions by Disbarred, Suspended, Resigned Attorneys. Motions for reinstatement by a disbarred attorney, an attorney who has resigned, or an attorney who has been suspended for six months or longer shall be served upon the Board and Disciplinary Counsel. In the case of a suspension, the motion may not be filed until three months before the period of suspension expires. Upon receipt of the motion, the Board shall promptly refer the matter to a hearing panel. Such panel shall promptly schedule a hearing, at which the respondent-attorney shall have the burden of demonstrating by clear and convincing evidence that the respondent has the moral qualifications, competency, and learning required for admission to practice law in the state, and the resumption of the practice of law will be neither detrimental to the integrity and standing of the bar or the administration of justice nor subversive of the public interest and that the respondent-attorney has been rehabilitated. At the conclusion of the hearing, the panel shall promptly issue a decision containing its findings and conclusions, and file the decision, together with the record, with the Board for filing with the Court. In the case of a suspension, the hearing panel shall issue its decision within ninety days of the date of the filing of the motion for reinstatement. The hearing panel’s decision may be appealed as of right pursuant to the procedures set forth in Rule 13.E.

E. Disciplinary Counsel’s Role. In all proceedings upon a motion for reinstatement, disciplinary counsel shall conduct discovery, cross-examination, and the submission of evidence, if any, in response to the motion.

F. Expenses. The Court in its discretion may direct that necessary expenses incurred in the investigation and processing of a motion for reinstatement be paid by the respondent-attorney.