Rule 65 - Reinstatement; Application and Proceedings(a) Application for Reinstatement. Except as may otherwise be provided in Rules 63(g) and 64, a lawyer may be reinstated to active membership only as provided in this rule. 1.Application. The lawyer shall file with the disciplinary clerk an application for reinstatement, which shall be verified by the lawyer and accompanied by the appropriate fees and proofs of payment required by paragraph (a)(3) of this rule. The lawyer shall serve the state bar with a copy of the application. The lawyer shall file with the application for reinstatement a written release or authorization for the state bar to obtain documents or information in the possession of any third party, including a physician, psychologist or psychiatrist. The application shall require the lawyer to provide information concerning the period of time between the date of disbarment, suspension, or transfer to disability inactive status, and the date of filing the application. The required information shall include, but is not limited to, the following: A. name, age, residence and address of the lawyer;B. the offense or misconduct upon which the disbarment or suspension was based, together with the date of disbarment or suspension;C. the names and addresses of all complaining witnesses in discipline proceedings that resulted in disbarment or suspension, and the name of the hearing officer or presiding disciplinary judge before whom the discipline proceedings were heard, or of the trial judge, complaining witness and prosecuting attorney, if discipline was based upon conviction of a felony or serious misdemeanor;D. a detailed description of lawyer's occupation during the period of rehabilitation, with names and addresses of all partners, associates in business and employers, if any, and dates and duration of all such relations and employment;E. a statement showing the approximate monthly earnings and other income of the lawyer, and the sources from which all such earnings and income were derived for the period of rehabilitation;F. a statement showing all residences maintained during such period, with the names and addresses of landlords, if any;G. a statement showing all financial obligations of applicant at date of filing of the application, together with the dates when such obligations were incurred, and the names and addresses of all creditors;H. a statement covering the period of rehabilitation showing the dates, general nature and final disposition of every civil action in which the lawyer was either a plaintiff or defendant or in which the lawyer had or claimed an interest, together with the dates of filing pleadings, titles of courts and actions, and the names and addresses of parties, attorneys for such parties, the trial judge or judges, and of all witnesses who testified in the action or actions;I. a statement covering the period of rehabilitation showing dates, general nature and ultimate disposition of every matter involving the arrest or prosecution of lawyer for any crime, whether felony or misdemeanor, together with the names and addresses of complaining witnesses, prosecutors and trial judges;J. a statement showing whether or not any applications were made during the period of rehabilitation for a license requiring proof of good character for its procurement, and as to each such application, the dates, the name and address of the authority to whom it was addressed and the disposition thereof;K. a statement covering the period of rehabilitation setting forth any procedure or inquiry concerning lawyer's standing as a member of any profession or organization, or holder of any license or office, which involved the reprimand, removal, suspension, revocation of license or discipline of the lawyer and, as to each, the dates, facts and disposition thereof, and the name and address of the authority in possession of the record thereof;L. a statement of any charges of fraud made or claimed against the lawyer during the period of rehabilitation, whether formal or informal, together with the dates, names and addresses of persons making such charges;M. a concise statement of facts claimed to support readmission to the state bar, including facts showing the lawyer's rehabilitation; andN. if the lawyer has been on disability status, a statement setting forth the status of pending discipline matters, if any.2.Documentation Supporting Application. In addition to the application, the lawyer shall submit: A. copies of the judgment of conviction, findings and judgment of the trial court and opinions of the appellate courts, or findings and recommendations of the hearing officer, the Disciplinary Commission, the presiding disciplinary judge, or the hearing panel, and decision, judgment or order of this court, as appropriate, upon which the lawyer was suspended or disbarred;B. copies of all prior applications for reinstatement filed on the lawyer's behalf, including all findings, decisions or orders entered;C. copies of state and federal income tax returns from the period of disbarment, suspension, or disability; andD. further information as requested by the presiding disciplinary judge or hearing panel.3.Required Fees and Payments.A. Application Fee. As a prerequisite to filing and before investigation of the application, every applicant for reinstatement shall pay to the records manager of the state bar an application fee, as set by the court, along with the state bar's estimate of the costs of its investigation and the costs and expenses of all related proceedings before the presiding disciplinary judge, the hearing panel, or the court. If the lawyer's payment is less than the actual cost of investigation and subsequent proceedings, the lawyer shall be required to satisfy such deficiency before the application is reviewed by the court. Any excess costs advanced shall be promptly refunded to the lawyer at the conclusion of the proceedings. Any subsequent costs or expenses incurred shall be paid before the lawyer is reinstated by the court.B. Costs and Expenses of Disciplinary Proceedings. Prior to filing the application, the applicant shall pay all outstanding costs and expenses of any disciplinary proceeding. Verification of such payment in the form of an affidavit from the records manager of the state bar must accompany the application.C. Amounts Owing to Client Security Fund. Prior to filing the application, the applicant shall also pay any sums owing by the lawyer to the client security fund due to prior discipline, disability or reinstatement proceedings. Verification of such payment in the form of an affidavit from the Administrator of the Client Protection Fund must accompany the application.D. Membership Fees and Other Charges. No reinstatement shall become effective until membership fees and other charges accruing after the application for reinstatement has been granted have been paid.4.Successive Applications. No application for reinstatement shall be filed within one (1) year following the denial of a request for reinstatement.5.Withdrawal of Application. An applicant may withdraw an application any time before the filing of the hearing panel's report.(b)Reinstatement Proceedings.1.Hearing.A. Notice of Hearing; Continuance. The hearing panel shall hold a hearing within one hundred fifty (150) days of the filing of the application and the disciplinary clerk shall notify the parties of the time and date thereof. Upon request of a party or the hearing panel, for good cause shown, the presiding disciplinary judge may continue the hearing.B. Rules Governing Hearing. The hearing shall proceed in accordance with the rules governing discipline proceedings.C. Duty of Bar Counsel. At the conclusion of the hearing, bar counsel shall provide the hearing panel with a recommendation as to whether or not the lawyer should be reinstated.2.Burden of Proof. The lawyer requesting reinstatement shall have the burden of demonstrating by clear and convincing evidence the lawyer's rehabilitation, compliance with all applicable discipline orders and rules, fitness to practice, and competence.3.Hearing Panel's Report. Within thirty (30) days after completion of the hearing or receipt of the certified transcript, whichever is later, the hearing panel shall file a report with the court containing findings of fact and a recommendation concerning reinstatement, together with the record of the proceedings. The disciplinary clerk shall serve a copy of the report on the parties.4.Court Review. The court shall promptly review the report of the hearing panel. The court may request additional briefing by the parties and may calendar the matter for argument before the court. If the court finds the lawyer failed to establish qualification for reinstatement, the application shall be dismissed. If the court finds the applicant is qualified to practice law, the court shall reinstate the lawyer, subject to any conditions deemed necessary.Added June 9, 2003, effective 12/1/2003. Amended June 9, 2005, effective 12/1/2005; 9/18/2006, effective 1/1/2007; 9/29/2008, effective 1/1/2009; 6/30/2010, effective 1/1/2011; 8/30/2012, effective 1/1/2013.HISTORICAL NOTES
Source:
ABA 1977 Rule 20.
Former Rules 40, 41.
Former Rule 72.
Former Rule 65, which related to appointment of a conservator to protect client interests, was amended Dec. 12, 1991, effective Jan. 1, 1992, and was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.