Opinion
Opinion Delivered July 16, 1990.
The Supreme Court Committee on Professional Conduct has petitioned this court to adopt revised rules of procedures entitled "Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law," a copy of which is appended to this order and made a part hereof by reference. The Committee believes the proposed rules are more easily understood and administered and cover some matters which were omitted from the existing rules.
We have reviewed the proposed rules and, with minor modifications, have approved them on a trial basis effective immediately. We have also had under review The Model Rules For Lawyer Disciplinary Enforcement, adopted by the American Bar Association in August 1989, and we invite members of the bench and bar, and in particular the Committee members, as well as other interested parties, to offer comments pro or con as to the merit and suitability of the model rules. We ask that any comments be filed with us on or before November 1, 1990. A copy of the revised rules, as now approved, may be obtained from the clerk of this court. The Model Rules For Lawyer Disciplinary Enforcement may be found in the Supreme Court Library.
We must again express the gratitude of this court to the chair, membership and staff of the Committee for its inestimable service to the public, bar and bench in discharging the duties and responsibilities attendant on the matters assigned to the Committee.
It is so ordered.
PROCEDURES OF THE ARKANSAS SUPREME COURT COMMITTEE REGULATING PROFESSIONAL CONDUCT OF ATTORNEYS AT LAW
SECTION 1. SCOPE
A. PURPOSE. These Procedures are promulgated for the purposes of regulating the professional conduct of attorneys at law and shall apply to all complaints within the purview of the Model Rules of Professional Conduct or any former rules adopted by the Arkansas Supreme Court filed against attorneys after the effective date of these Procedures. Every attorney now or hereafter licensed to practice law in the State of Arkansas shall be a member of the Bar of this State and subject to these Procedures. The jurisdiction of the Supreme Court Committee on Professional Conduct shall extend to lawyers in inactive or suspended status.
B. RULES OF PROFESSIONAL CONDUCT ADOPTED. The Court has adopted the Model Rules of Professional Conduct of the American Bar Association, as amended, as the standard of professional conduct of attorneys at law. An attorney who violates any provision of the Model Rules, or these Procedures, shall be subject to the provisions herein.
C. REPEALER. To the extent that former rules are in conflict, they are hereby overruled and superseded. These Procedures shall not be deemed exclusive of, but supplemental to those provisions of the Arkansas Code Annotated that are not in conflict herewith. To the extent that prior Code provisions are in conflict with these Procedures, they are hereby superseded.
D. DEFINITIONS. As used in these Procedures, unless the context otherwise requires:
(1) "CLERK" means the Clerk of the Arkansas Supreme Court.
(2) "COMMITTEE" means the Supreme Court Committee on Professional Conduct;
(3) "COMPLAINANT" means the person(s) initiating a complaint, or the Committee when acting at its own instance or on behalf of another in initiating a complaint.
(4) "COMPLAINT" means an inquiry, allegation, or information of whatever nature and in whatever form received by or coming to the attention of the Committee and concerning the conduct of a person subject to the jurisdiction of the Committee;
(5) "FORMAL COMPLAINT" means a complaint directed to an attorney by the Committee, setting forth the alleged violation(s) of the Model Rules and informing the attorney of the right to file a written response;
(6) "MODEL RULES" mean the Model Rules of Professional Conduct of the American Bar Association, as amended, any statutory provisions, or rules adopted by the Arkansas Supreme Court regulating the professional conduct of attorneys at law.
(7) "RESPONDENT" or "RESPONDENT ATTORNEY" means an attorney against whom a formal complaint has been initiated notwithstanding the attorney's failure to file a written response.
SECTION 2. COMMITTEE
A. COMPOSITION/TERM OF OFFICE. The Committee shall consist of seven members appointed by the Arkansas Supreme Court to assist in enforcing these Procedures. The present Committee members shall continue to serve their present terms. Five members of the Committee shall be lawyers, one from each Congressional District and one from the State at large, and shall be appointed for seven-year terms. The other two members shall not be lawyers, shall be selected from the State at large, and shall be appointed for seven-year terms. Committee members shall serve until their successors are appointed and certified. The Committee shall elect one of its members as Chairman and another as Secretary and shall adopt rules regarding its procedure.
B. QUORUM. A majority of the Committee shall constitute a quorum.
C. AUTHORITY/POWERS. (1) The Committee shall have, and is hereby granted, authority to investigate all complaints alleging violation of the Model Rules that may be brought to its attention and impose any sanctions deemed appropriate as provided in Sections 5 (Procedure) and 7 (Sanctions).
(2) The Committee is hereby authorized to take action by written ballot subject to the requirements and limitations set out in Section 5 of these Procedures.
(3) The Committee is authorized to conduct hearings at either:
(a) The request of the Committee; or
(b) The request of the respondent attorney after written ballots are taken.
(4) The Committee is authorized to hold meetings to conduct the business of the Committee which consists of, but is not limited to, the election of officers and the determination of pending complaints.
(5) The seal heretofore adopted by the Committee shall be the official seal for its use in the performance of the duties imposed by these Procedures.
(6) The Committee shall have the authority to issue summonses for any person(s), or subpoenas for any witness(es), including the production of documents, books, records, or other evidence, in the same manner as is provided for civil process pursuant to the Arkansas Rules of Civil Procedure, requiring the presence of any person, or the attendance of any witness before the Committee for the purpose of testimony, or in furtherance of investigation. Such process shall be issued under the seal of the Committee provided for in subsection C(5) of this Section and be signed by the Chairman, Secretary, or by the Executive Director.
(7) The Committee may seek immunity from criminal prosecution for a reluctant witness, using the procedure of Ark. Code Ann. 16-43-601 to -606 (1987).
(8) The Committee shall have the authority to employ an Executive Director who will not be a member of the Committee, and shall not have a vote on any matter presented to the Committee for decision. The Committee may employ a special Executive Director in any case in which the Executive Director is unable to act.
(9) The Committee shall maintain a permanent office under the supervision of the Executive Director for the conduct of its business and the maintenance of the various records of the Committee.
(10) When so requested by a Federal Judge, under Rule X of the Uniform Federal Rules of Disciplinary Enforcement adopted by the United States District Courts of Arkansas on May 1, 1980, the Committee may act as the disciplinary agency and the Executive Director as counsel in a federal disciplinary action. Any additional expense incurred in the processing of a federal complaint will be paid from the funds arising from the assessments levied under Rule XI of the Uniform Federal Rules. When final action is taken under a federal complaint, a report of that action will be made to the Federal Judge who referred the matter, and the Committee may also furnish to the Federal Judge any other information from its files necessary to fulfill its duties as disciplinary agency.
D. IMMUNITY. The Committee, its individual members, Executive Director and employees and agents of the Committee are absolutely immune from suit or action for their activities in discharge of their duties hereunder to the full extent of judicial immunity in Arkansas.
E. EXPENSES. From the funds created in subsection A of Section 8, members of the Committee shall be entitled to receive their travel and hotel expenses, reimbursement for postage, stationery, communications, an attendance allowance, and other incidental expenses, including stenographic bills and court costs chargeable against them. All such items shall be paid by the Clerk by check on such funds. Accounts must be itemized and certified by the Chairman, Secretary, or the Executive Director of the Committee as true and correct.
SECTION 3. EXECUTIVE DIRECTOR
A. GENERAL. The Executive Director shall be an attorney actively licensed to practice law in the State of Arkansas, shall serve at the will of a majority of the Committee, and shall devote full time and effort to promptly and efficiently perform the duties stated in subsection B of this Section, and such other duties as directed by the Committee.
B. DUTIES. (1) It shall be the duty of the Executive Director to receive all complaints against any member of the Bar.
(2) Upon a determination by the Executive Director that a complaint sets out allegations falling within the purview of the Committee, and those allegations are supported by sufficient evidence, the Executive Director shall provide any assistance needed in the preparation of the complainant's affidavit, and shall process a formal complaint pursuant to the procedures of the Court and the Committee.
(3) If a complaint does not set forth sufficient grounds to reasonably support preparation of a formal complaint but contains information indicative of a misunderstanding or controversy between an attorney and a client or a third party who may be aggrieved by the conduct or circumstances, and the best interests of the integrity of the profession and the valid concerns of the complainant would be served by reconciliation or communication between the parties, the Executive Director may, at the request of the complainant, contact the attorney by telephone or letter advising the attorney of the nature of the complaint. The aforementioned procedure will not be considered a formal complaint.
(4) The Executive Director may attend and, at the request of the Committee, act as counsel in presenting testimony and other evidence at any hearing conducted by the Committee.
(5) The Executive Director shall have power to administer oaths in all matters incident to the duties imposed by these Procedures and such power and authority shall be coextensive with the State.
(6) The Executive Director shall be responsible for the administration of the business office and the security of the records. As authorized by and upon such terms as the Committee shall direct, the Executive Director may employ such personnel, including temporary employees, as may be required to perform the administrative, investigative or legal functions of the Committee.
C. COMPENSATION/EXPENSES. The Executive Director may be paid such reasonable salary and expenses as may be deemed necessary and appropriate by the Committee. Employee salaries, benefits and expenses of the office shall be payable from funds allotted the Committee and subject to the approval of the Arkansas Supreme Court.
SECTION 4. CONFIDENTIALITY/RECORDS
A. COMMUNICATIONS CONFIDENTIAL. Subject to the exceptions listed in subsections B and C of this Section:
(1) All communications, complaints, formal complaints, testimony, and evidence filed with, given to or given before the Committee, or filed with or given to any of its employees and agents during the performance of their duties, that are based upon a complaint charging an attorney with violation of the Model Rules, shall be absolutely privileged; and
(2) All actions and activities arising from or in connection with an alleged violation of the Model Rules by an attorney licensed to practice law in this State are absolutely privileged.
B. EXCEPTIONS. (1) When a formal complaint is designated for public hearing, discovery as provided by the Arkansas Rules of Civil Procedure shall be available to the Committee and to the respondent. The records of public hearings conducted by the Committee pursuant to subsection F of Section 5 of these Procedures are public information.
(2) In the case of a disbarment action, the Committee is authorized to release any information that the Committee deems necessary for that purpose.
(3) The Committee is authorized to release information:
(a) For statistical data purposes;
(b) To a corresponding lawyer disciplinary authority or an authorized agency or body of a foreign jurisdiction engaged in the regulation of the practice of law.
(c) To the State Board of Law Examiners;
(d) To the Committee on the Unauthorized Practice of Law;
(e) To the Arkansas Client Security Fund Committee;
(f) To the Committee on Judicial Conduct; or
(g) To any other committee, commission, agency or body within the State empowered to investigate, regulate or adjudicate matters incident to the legal profession when such information will assist in the performance of those duties.
(4) The Committee will instruct the Executive Director to release information relating to substantial evidence of a crime as set forth in subsection C of Section 6 of these Procedures.
(5) Any attorney against whom a formal complaint is pending may have disclosure of all information in the possession of the Committee concerning that complaint including any record of prior complaint about that attorney.
(6) The attorney about whom a complaint is made may waive, in writing, the confidentiality of the information.
(7) In all cases, the complainant shall be provided with a copy of the response and afforded an opportunity to reply.
C. SANCTIONS MADE PUBLIC. When a letter of caution, reprimand, or suspension becomes final under these Procedures, or when the Committee decides to initiate disbarment proceedings, a copy of such shall be forwarded to the Clerk and shall be maintained as a public record by the Clerk.
SECTION 5. PROCEDURE
A. GENERAL. The Committee shall investigate and adjudicate all complaints alleging violation of the Model Rules that may be brought to its attention in the form of an affidavit, or in respect of which any member of the Committee may have information, and shall give the attorney involved an opportunity to explain or refute the charge. The Committee shall accept and treat as a formal complaint any writing signed by a judge of a court of record in this State regardless of whether such signature is verified.
B. NOTICE OF ATTORNEY. At the direction of the Committee or upon a determination by the Executive Director that a complaint should be processed as a formal complaint, the Executive Director shall:
(1) Furnish to the attorney complained against a copy of the formal complaint and advise the attorney that he may file a written response in affidavit form with any supporting evidence desired. The attorney's mailing address on record with the Clerk shall constitute the address for service. Certified mailing of the formal complaint to said address shall be deemed service on the attorney.
(2) Advise the attorney that should the attorney be dissatisfied with the ballot vote, the attorney shall have the right to a subsequent hearing.
C. TIME FOR RESPONSE. (1) Upon receiving information of such complaint, the attorney shall have twenty (20) days in which to file a written response consisting of an original and eight (8) copies with the Executive Director. In the event that the Executive Director has not received a response within twenty (20) days following the date of the last notice of attempted delivery by the U.S. Postal Service, the Executive Director shall proceed to issue ballots as provided in subsection D of this Section.
(2) The Executive Director is authorized to grant, at the request of an attorney, an extension of reasonable length for the filing of a response. Subsequent requests for extensions must be in written form and will be ruled on by the Chairman of the Committee.
(3) The Executive Director shall provide a copy of the attorney's response to the complaining party within ten (10) days of receiving it. The Executive Director may include any rebuttal made by the complainant as a part of the material submitted to the Committee for decision. If a reply to be submitted to the Committee contains allegations of violation of the Model Rules not previously alleged, the respondent attorney shall be provided a copy and permitted surrebuttal in the manner prescribed in subsection C(1) of this Section, except the time for doing so shall be ten (10) days.
D. VOTE BY BALLOT. (1) At such time as the Executive Director has received from the attorney a written response or the attorney has failed to respond within the period provided in subsection C of this Section, the Executive Director shall assign the case a docket control number and shall cause to be prepared seven copies of the complainant's affidavit, the response, rebuttal and exhibits, if any, and such other information, memoranda, and recommendations which the Executive Director may deem relevant and shall send a copy thereof to each member of the Committee.
(2) Each ballot shall contain appropriate spaces for:
(a) The signature of the Committee member;
(b) The date;
(c) The member's vote on the action to be taken on the formal complaint;
(d) A place for the members to state which Section(s) of Model Rules are found to be violated; and
(e) Such other additional information that the Executive Director deems appropriate.
E. RESULTS OF BALLOT VOTE. (1) In the event a majority of the Committee votes to take no disciplinary action against a respondent attorney, the Executive Director shall so notify the complainant and the respondent attorney. The Executive Director shall file a monthly report of such cases by number only, as a public record in the office of the Clerk.
(2) If the vote is to warn, an appropriate letter shall be sent to the respondent and the complainant. The Executive Director shall file a monthly report of such cases by number only, as a public record in the office of the Clerk.
(3) If a majority of the Committee returns written ballots to caution, reprimand, or suspend the attorney, the attorney shall be notified of the findings and vote of the Committee, and be advised that he has a right, upon written request within twenty (20) days, to a hearing before the Committee as provided in subsection F of this Section. The attorney shall also be advised that in the absence of a request for a hearing, such findings and order of the Committee will be entered in the files of the Committee and will be filed as a public record in the office of the Clerk.
(4) If a majority of the Committee returns written ballots for a hearing, the matter will be set for a hearing as provided in subsection F of this Section.
(5) If a majority of the Committee votes by paper ballot to initiate disbarment proceedings, the Committee shall proceed as set out in subsection G of this Section and there shall be no hearing before the Committee.
F. HEARING. If a hearing is requested:
(1) The Committee will be so notified, and the written ballots, if any, will be destroyed, and the Committee will hear the complaint de novo under the rules for public hearings.
(2) The Executive Director shall set a date for the hearing and shall notify the respondent attorney and the complainant of the hearing date.
(3) Once a hearing is set, the granting of any request for a continuance shall be at the discretion of the Committee Chairman.
(4) All pleadings filed before the Committee shall be captioned "Before the Supreme Court Committee on Professional Conduct" and be styled "In re ______________" to reflect the name of the respondent attorney.
(5) At the end of the hearing, the Committee shall hold an executive session to deliberate upon any disciplinary action to be taken.
(6) The decision of the Committee shall be announced immediately with a statement of the votes of the individual members if the decision is not unanimous. If a majority of the Committee votes to caution, reprimand, or suspend an attorney, the Committee shall have the Executive Director notify the complainant of the specific action taken against the attorney and file a copy of the letter of caution, reprimand, or suspension as a public record in the office of the Clerk.
(7) If a majority of the Committee votes to disbar, the Committee shall retain independent counsel and shall file an action for disbarment in the Circuit Court of proper venue as provided in subsection G of this Section.
G. ACTIONS FOR DISBARMENT. (1) An action for disbarment shall be filed with the Clerk of the Circuit Court of the county in which the attorney resides, or in which the alleged violation was committed. In disbarment suits, the action shall proceed as an action between the Executive Director and the respondent. Proceedings in the Circuit Court shall be held in compliance with the Arkansas Rules of Civil Procedure and trial shall be had before the Circuit Judge without a jury.
(2) If the Circuit Judge finds that the attorney has violated the Model Rules, he shall caution, reprimand, suspend, or disbar such attorney as the evidence may warrant. If the Judge finds that the complaint of the Committee is not sustained by the evidence, the proceedings shall be dismissed.
H. APPEAL. (1) A respondent attorney aggrieved by an action of the Committee taken subsequent to a hearing, may appeal to the Arkansas Supreme Court by filing a Notice of Appeal with the Executive Director within thirty (30) days after the filing of the Committee action with the Clerk. In appeals directly from the Committee, the action shall proceed as an action between the Executive Director and the respondent. The Committee may stay the effective date of any action pending appeal to the Arkansas Supreme Court.
(2) Either the Committee or the respondent attorney may appeal to the Arkansas Supreme Court from the action taken by the Circuit Judge. The Circuit Judge may stay the effective date of any action pending appeal to the Arkansas Supreme Court.
(3) Appeals from any action by the Committee after hearing shall be heard de novo on the record and the Arkansas Supreme Court shall pronounce such judgment as in its opinion should have been pronounced below;
(4) Appeals from any judgment of a Circuit Court in a disbarment proceeding shall be heard in accordance with the rules governing appeals of civil cases.
(5) Notice of appeal and perfection of appeal shall be in accordance with applicable Code provisions and Rules of the Arkansas Supreme Court governing appeals in civil matters. If no appeal be perfected within the time allowed and in the manner provided, the order of the Judge or action of the Committee shall be final and binding on all parties.
I. DOCTOR-PATIENT PRIVILEGE WAIVED. Raising the defense of current mental or physical disability by one who is the subject of a disciplinary proceeding shall constitute a waiver of the doctor-patient privilege.
SECTION 6. CRIMINAL ACTIVITY
A. REPORTING CRIMINAL CONVICTIONS. All prosecuting attorneys and judges participating in or presiding over a hearing in which an attorney is convicted of, pleads guilty to, or pleads nolo contendre to a crime which is a Class A misdemeanor or greater offense, shall have the duty to report such conviction or plea to the Executive Director.
B. PROCEDURES UPON CONVICTION. (1) When a complaint against an attorney is based on a conviction of a felony or a crime which also violates Rule 8.4(b) of the Model Rules of Professional Conduct, the Committee shall institute an action of disbarment.
(2) Actions for disbarment based on the conviction of a crime shall proceed in accordance with the procedures in subsection G of Section 5 of these procedures.
(3) A certified copy of the judgment of conviction shall be conclusive evidence of the attorney's guilt.
(4) The attorney may not offer evidence inconsistent with the essential elements of the crime for which he was convicted.
C. NOTIFICATION OF POSSIBLE CRIMINAL ACTIVITY. When instructed by the Committee, the Executive Director shall notify the appropriate prosecuting attorney of any evidence of a crime that is presented to the Committee in connection with its investigation or hearing on a complaint filed against an attorney.
SECTION 7. SANCTIONS
A. SANCTIONS AUTHORIZED. When the Committee finds that an attorney has violated any provision of the Model Rules, the Committee is authorized:
(1) To warn (which shall be confidential); or
(2) To issue letters of caution or reprimand; or
(3) To suspend the attorney for a period up to but not exceeding one (1) year; or
(4) To cause a complaint to be prepared and filed with the Circuit Court of proper venue in accordance with the manner provided for disbarment actions in subsection G of Section 5 of these Procedures; or
(5) To refer matters to the Committee on Unauthorized Practice, the Client Security Fund Committee, the Committee on Judicial Conduct and corresponding lawyer disciplinary authority in other jurisdictions; or
(6) To take other action as authorized by these Procedures.
B. CONTEMPT. The following shall be regarded as contempt of the Arkansas Supreme Court:
(1) Willful disobedience of any Committee order, summons or subpoena; or
(2) The refusal to testify on matters not privileged by law; or
(3) Knowingly to testify falsely before the Committee; or
(4) Engaging in the practice of law during a period of suspension; or
(5) Engaging in the practice of law after a surrender of license; or
(6) Violation of these Procedures by any person.
C. VOLUNTARY SURRENDER OF LICENSE. (1) With the consent of the attorney and approval of the Arkansas Supreme Court, the attorney may surrender his license upon the conditions agreed to by the Committee and the attorney.
(2) No petition to the Supreme Court for voluntary surrender of license by an attorney shall be granted until referred to the Committee on Professional Conduct and the recommendations of the Committee are received by the Supreme Court.
D. DUTY OF SANCTIONED ATTORNEY. In every case in which an attorney is disbarred, suspended, or surrenders his license, the attorney shall, within twenty (20) days of the disbarment, suspension or surrender:
(1) Notify all of his clients in writing and any counsel of record in pending matters, that he has been disbarred, or suspended, or surrendered his license;
(2) In the absence of co-counsel, notify all clients to make arrangements for other representation, calling attention to any urgency in seeking the substitution of another attorney;
(3) Deliver to all clients being represented in pending matters any papers or property to which they are entitled, or notify them of co-counsel of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers and other property;
(4) Refund any part of the fees paid in advance that have not been earned;
(5) File with the Court, agency or tribunal before which any litigation is pending a copy of the notice to the opposing counsel, or adverse parties if no opposing counsel;
(6) Keep and maintain a record of the steps taken to accomplish the foregoing;
(7) File with the Clerk and the Committee a list of all other state, federal and administrative jurisdictions to which he is licensed or admitted to practice. Upon such filing, the Clerk shall notify those entitled of the disbarment, suspension or surrender.
(8) The attorney shall, within thirty (30) days of disbarment, suspension or surrender of license, file an affidavit with the Committee that he has fully complied with the provisions of the order and completely performed the foregoing or a full explanation of the reasons for his non-compliance. Such affidavit shall also set forth the address where communications may thereafter be directed to the respondent.
(9) Failure to comply with these Procedures shall subject the attorney to contempt of the Arkansas Supreme Court.
E. REINSTATEMENT. (1) Following any period of suspension from the practice of law, an attorney desiring reinstatement shall file with the Executive Director a verified petition requesting reinstatement.
(2) The petition for reinstatement shall be accompanied by proof of payment of an application fee of $50.00 to the Clerk.
(3) The petition for reinstatement shall set out the following:
(a) That the attorney has fully and promptly complied with the requirements of subsection D of this Section.
(b) That the attorney has refrained from practicing law during the period of suspension;
(c) That the attorney's license fee is current or has been tendered to the Clerk; and
(d) That the attorney has fully complied with any requirements imposed by the Committee as conditions for reinstatement.
(4) Any knowing misstatement of fact may constitute grounds for contempt, denial or revocation of reinstatement.
(5) Failure to comply with the provisions of subsections D(7) and (8) of this Section shall preclude consideration for reinstatement.
(6) No attorney shall be reinstated to the practice of law in this State until the Arkansas Supreme Court has received an affirmative vote by a majority of the Committee.
F. DISBARMENT RECIPROCAL. (1) The disbarment or suspension of any person from the practice of law in any other state shall operate as a disbarment or suspension of such person from the practice of law in this State under any license issued to such person by the Arkansas Supreme Court prior to his disbarment or suspension in such other state.
(2) Upon presentation of a certified order or other proper document of a tribunal or a corresponding disciplinary authority of another jurisdiction evidencing disbarment or suspension, the Committee by summary proceeding shall cause a like sanction to be imposed and shall notify the Clerk of such action. Notice of the Committee's action shall be sent to the attorney's mailing address on record with the Clerk.
G. INACTIVE STATUS. (1) Temporary Transfer to Inactive Status. The Committee is authorized to temporarily transfer an attorney to inactive status in the event that:
(a) The attorney has been judicially declared incompetent; or
(b) The attorney has been involuntarily committed due to incapacity or disability; or
(c) The attorney has alleged incapacity during the course of a disciplinary proceeding against him; or
(d) The attorney is found by the Committee to be culpable of habitual drunkenness or drug use substantially affecting the attorney's fitness to practice law; or
(e) The attorney is found by the Committee to have appeared in Court while under the influence of alcohol or drugs; or
(f) The attorney is found by the Committee to be unfit to practice law due to mental infirmity whether or not he has been judicially declared incompetent; or
(g) Without cause, the attorney requests to be transferred to a voluntary inactive status.
(2) All trial judges have the duty to, and shall report to the Committee any attorney appearing before them who, in the trial judge's opinion, is under the influence of alcohol or drugs.
(3) The Committee may vote by ballot as provided in subsection D of Section 5 of these Procedures, on the issue of temporary transfer to inactive status or reinstatement due to an event described in subsections G(1)(a)(b)(c)(g) of this Section.
(4) All other temporary and all permanent transfers of an attorney to inactive status shall be made only after hearings initiated by the Executive Director or others and conducted in the same manner as provided in subsection F of Section 5 of these Procedures.
(5) For good cause shown, the Committee may order the attorney to submit to a medical, psychiatric or psychological examination by a Committee-appointed expert.
(6) No attorney shall be entitled to practice in Arkansas while on inactive status in this State. Upon a transfer to inactive status, the attorney (or his counsel as may be appropriate) shall comply with subsection D of Section 7 of these Procedures.
(7) The Committee may reinstate an attorney to active status upon a showing that any disability has been removed and the attorney is fit to resume the practice of law.
(8) Reinstatement shall be accomplished in accordance with the provisions of subsection E of this Section.
(9) The filing of a petition for reinstatement shall be deemed a waiver of the doctor-patient privilege regarding the disability.
SECTION 8. LICENSING OF ATTORNEYS
A. LICENSE FEE. An annual license fee is hereby imposed by the Arkansas Supreme Court upon each attorney actively licensed to practice law in this State. The fee shall be paid annually to the Clerk of the Arkansas Supreme Court. The amount shall be payable January 1 of each year, and must be paid not later than March 1 of each year. Funds thus realized shall be used as ordered by the Supreme Court of the State of Arkansas.
B. LICENSE DENIED. No person shall be admitted to practice law in this State who has been disbarred or suspended from the practice of law in any other state, unless good cause is shown.
C. SUSPENSION FOR FAILURE TO PAY FEE. Failure to pay the annual license fee provided in subsection A of this Section shall automatically suspend the delinquent lawyer from the practice of law in Arkansas. Notice of delinquencies shall be given by the Clerk to the delinquent, to the Judges of the Circuit and Chancery Courts of the district of the delinquent's residence and to the Executive Director. A list of all delinquents shall be posted in the office of the Clerk.
(2) Delinquency in a given year dates from March 2 of the year in which the fees are due.
(3) Where the delinquency is for not more than three (3) years, reinstatement may be had by the payment of all such delinquent dues, and a penalty of $100.00. If delinquency is for more than three (3) years, application for reinstatement must be made on a form supplied by the Clerk and accompanied by a tender of all unpaid dues and penalties.
D. REINSTATEMENT. An application for reinstatement pursuant to C(3) of this Section shall be accompanied by the payment of an application fee of $50.00. All applications for reinstatement will be referred to the State Board of Law Examiners for investigation and recommendation and the taking of a new examination may be required by the Board. Every application for reinstatement shall be processed and investigated by the Director of the Board. The Board of Law Examiners is authorized to pay said Director a fee of $50.00 for making such investigation.
E. PUBLIC RECORDS. It shall be the duty of the Clerk to maintain a public record of licensed attorneys in the State of Arkansas and a list of all attorneys no longer licensed and the reason therefore, e.g., deceased, suspended, disbarred, surrender of license, inactive, delinquency of fee, disabled or retired.