Petitions for reinstatement by attorneys required
by Rule XI to prove their rehabilitation prior to reinstatement shall
be filed with the Board Office. The petition may be filed no earlier
than 60 days prior to the earliest date for the expiration of the
suspension, if the suspension is for one year or less. Such petitions
may be filed no earlier than 120 days prior to the earliest date for
the expiration of the suspension, if the suspension is more than one
year. The petition shall be accompanied by a full and complete response
to the Reinstatement Questionnaire available from the Board Office.
No petition will be accepted by the Board Office unless accompanied
by such response.
- (a) Reinstatement After Misconduct. The petition for reinstatement
of an attorney who has been disbarred or suspended for misconduct
shall include a simple narrative statement of the alleged material
facts to be established by clear and convincing evidence concerning
petitioner’s moral qualifications, competency, and learning in
law required for readmission, as well as the material facts showing
that petitioner’s resumption of the practice of law will not be
detrimental to the integrity of the Bar, or to the administration
of justice, or subversive of the public interest. Such material
facts shall specifically address: (I) the nature and circumstances
of the misconduct for which petitioner was disciplined; (ii) petitioner’s
recognition of the seriousness of such misconduct; (iii) petitioner’s
post-discipline conduct, including steps taken to remedy past
wrongs and prevent future ones; (iv) petitioner’s present character;
and (v) petitioner’s present qualifications and competence to
practice law.
- (b) Reinstatement After Disability Suspension. The petition
for reinstatement of an attorney who has been suspended for disability
due to mental infirmity or illness, or because of addiction to
drugs or intoxicants, shall conform to the applicable provisions
of Board Rule 9.1 above and Board Rule 14.8.
