Rule 30 - BOARD'S ROLE IN CASES OF REINSTATEMENT OF DISBARRED ATTORNEYS OR ATTORNEYS SUSPENDED FOR MORE THAN ONE YEAR(a)Scope. An Attorney who has been disbarred or suspended for more than one year may seek reinstatement. For purposes of this Rule, an Attorney who resigned in lieu of discipline shall be treated as a disbarred Attorney.(b)Petition for Reinstatement; Service. An eligible disbarred Attorney or an eligible Attorney suspended from practice for more than one year as defined by RSCH 2.17(b) may file a Petition for Reinstatement with the Filing Clerk of the Board and shall serve a copy upon Counsel. The Petition for Reinstatement shall state: (i) The date of entry of: (A) the order imposing Suspension or Disbarment; and(B) any order restraining the applicant from engaging in the practice of law or setting aside such order;(ii) That a certified copy of each order is attached to the petition;(iii) That the time period required by RSCH 2.17(b) has elapsed;(iv) That from the entry of the order imposing Suspension or Disbarment, the applicant has complied with all applicable provisions of RSCH 2 and the Disciplinary Board Rules, and if a restraining order was issued pursuant to RSCH 2.13, that the applicant has complied with the provisions of the order while it was in effect and is prepared to prove compliance;(v) That the applicant has completed the prescribed questionnaire and attached it to the petition; and(vi) All facts and supporting materials upon which the applicant relies in support of his or her reinstatement.(c)Prescribed Questionnaire. The questionnaire shall be in the form prescribed by Counsel and approved by the Board Chairperson ("Prescribed Questionnaire"). The applicant's answers shall be verified under oath.(d)Pleadings; Record of Petition for Reinstatement; Public Notice. The Petition for Reinstatement and the Prescribed Questionnaire shall constitute the entire pleadings; no other pleadings shall be permitted. Counsel shall notify all State and United States District Court for the District of Hawai'i judges and the president of each bar association of the filing of the Petition for Reinstatement, and seek written comment. Counsel shall cause a notice of the filing of the Petition for Reinstatement to be published in a newspaper of general circulation, and seek written comment.
(e) Assignment to Hearing Officer or Hearing Committee. Following a reasonable investigation by Counsel of the applicant's fitness for reinstatement, the Petition for Reinstatement shall be assigned by the Board Chairperson to a Hearing Officer or Hearing Committee. The same process as a Formal Disciplinary Proceeding shall be followed, except the applicant must show proof by clear and convincing evidence that he or she should be reinstated in accordance with RSCH 2.17(b).
(f)Proceeding Before the Board After Service of Hearing Officer's or Hearing Committee's Report. Following the Filing of the report of the Hearing Officer or Hearing Committee, briefing and oral argument shall be permitted in accordance with DBR 24(a).