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8.7—Motion to Vacate Order Imposing Fitness Requirement

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:
  1. 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.
  2. The motion shall be accompanied by the response to the Reinstatement Questionnaire required by Board Rule 9.1(a).
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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, ยง16 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 the motion.

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