Where proof of fitness has been imposed on an attorney
as reciprocal discipline and that attorney has been summarily reinstated
in the original disciplining jurisdiction without objection from that
jurisdiction’s Bar Counsel or equivalent, or without a hearing as
contemplated by In re Berger, 737 A.2d 1033 (D.C. 1999), the following
procedures shall apply:
- The attorney may file a Motion to Vacate the Order Imposing
Fitness Requirement. The motion shall be filed with the Board
Office and served on Bar Counsel.
- The motion shall be accompanied by the response to the Reinstatement
Questionnaire required by Board Rule 9.1(a).
- Upon receipt of the motion and accompanying Reinstatement Questionnaire,
Bar Counsel shall conduct an appropriate investigation of the
material facts alleged in the motion and Reinstatement Questionnaire.
Bar Counsel also shall review any other proven or alleged misconduct
by the attorney of which Bar Counsel is aware.
- After reviewing the motion and reinstatement questionnaire
and after appropriate investigation, Bar Counsel shall submit
a Report to the Board. The Report shall set out the results of
Bar Counsel’s investigation and shall indicate whether Bar Counsel
is satisfied that the attorney has met the criteria for readmission
set out in In re Roundtree, 503 A.2d 1215 (D.C. 1985). The Report
also shall include Bar Counsel’s Recommendation whether the requirement
of proof of fitness should be vacated.
- Bar Counsel’s investigation shall be completed and the Report
and Recommendation filed within 45 days after service of the Motion
to Vacate, unless the time is extended by the Chair of the Board
for good cause shown.
- After reviewing Bar Counsel’s Report and Recommendation, the
Board shall recommend promptly to the Court whether the Motion
to Vacate the Order Imposing Fitness Requirement should be granted.
- The filing or pendency of a Motion to Vacate Order Imposing
Fitness Requirement does not preclude the filing of a petition
for reinstatement under D.C. App. R. XI, §16 and Board Rule 9.1.
A Petition for Reinstatement shall be held in abeyance pending
resolution of a Motion to Vacate Order Imposing Fitness Requirement.
If the Motion to Vacate Order Imposing Fitness Requirement is
denied by the Court, no action will be taken by the Board on the
petition for reinstatement unless the attorney files a motion
to reactivate his or her petition within 30 days of denial of