Rule 34.27 - Readmission after revocationIn the event the supreme court revokes an attorney's license to practice law, the attorney is not eligible to apply for readmission until at least five years after the date of revocation. For purposes of rule 34.27, "revoked attorney" includes an attorney whose license to practice law has been revoked or an attorney who has been disbarred. Similarly, "revocation" includes "disbarment" and "revoked" includes "disbarred."
(1)Prefiling requirements. Prior to filing the application, the revoked attorney must: a. File the attorney's character and fitness application with the National Conference of Bar Examiners (NCBE) and pay the NCBE's application fee.b. Pay a $525 administrative fee of to the Iowa Board of Law Examiners (board of law examiners).(2)Filing and contents of application. A revoked attorney's application for readmission must: a. Be filed with the supreme court clerk and be served on the office of professional regulation.b. State the date of the applicant's original admission, the date of revocation, and that the applicant has complied in all respects with rule 34.23(3) and any supreme court orders, opinions, or judgments relating to the revocation.c. Include satisfactory proof that the applicant is of good moral character and is in all respects worthy of readmission to the bar. The applicant must provide a detailed affidavit describing the applicant's personal, educational, and work history since the date of revocation. The application must be accompanied by the recommendation of at least three reputable Iowa attorneys currently practicing law in the judicial district in which the applicant then lives and has lived at least one year prior to filing the application. If the applicant does not reside in the district in which the applicant lived at the time of the revocation, the applicant must also file a recommendation from three reputable attorneys currently practicing law in the district where the applicant resided at the time of revocation. The required recommendations may not be from judges or magistrates.d. Include satisfactory proof that the applicant, at the time of the application, has paid all fees required by the provisions of chapters 39, 41, and 42 of the Iowa Court Rules and that the applicant has completed all continuing legal education for the years the applicant's license was revoked through the end of the calendar year, up to a maximum of 100 hours.e. Include satisfactory proof that the Client Security Trust Fund has been repaid in full, or that the client security commission has approved a repayment plan, for all client security claim payments paid from the Client Security Trust Fund under Iowa Court Rule 39.9 based on the applicant's conduct.f. Include satisfactory proof that the applicant, at the time of the application, has paid all costs assessed against the applicant under rule 36.24.g. Include satisfactory proof that the applicant, prior to filing the application, has complied with the prefiling requirements of rule 34.27(1).(3)Iowa Board of Law Examiners' report. After the application for readmission is filed with the supreme court clerk, the board of law examiners will file a report and recommendation with the supreme court regarding the applicant's character and fitness. The board of law examiners will file its report and recommendations within 30 days of its receipt of the final results of the National Conference of Bar Examiners' report referenced in the prefiling requirements of rule 34.27(1).(4)Supreme court actions on application.a. Upon filing of the report and recommendation of the board of law examiners, the supreme court will review the application for readmission from the revoked attorney and the report and recommendation of the board of law examiners.b. The supreme court may summarily deny the application, request further information, or set a hearing date and direct the supreme court clerk to give the notice provided under rule 34.27(5).c. The court may appoint a special master or a hearing panel to conduct the hearing. The hearing date must in no case be fewer than 60 days after the filing of the report of the board of law examiners.d. Any order denying readmission may state whether the attorney is allowed to file a future application and, if so, the minimum amount of time before the application may be filed.(5)Procedure. Upon direction of the supreme court, the supreme court clerk must give written notice of the revoked attorney's application for readmission containing the date of the revocation, the date of filing the application, and the date of the hearing set by the court, if any, to the following persons: a. The executive director of the office of professional regulation.b. The county attorney for the county in which the applicant currently resides.c. The county attorney where the applicant resided at the time of revocation.d. The director of the client security commission.e. The chief judge of each judicial district.f. The executive director of The Iowa State Bar Association.(6)Written statements. Any person or entity may submit to the supreme court clerk written statements of fact and comments regarding the applicant's current fitness to practice law.(7)Notices of witnesses and exhibits. At least 14 days prior to the scheduled hearing date, the applicant and the disciplinary board must provide the supreme court or the special master or hearing panel, if applicable, and the opposing party notice of the names and expected testimony of any witnesses they intend to produce, and they must file and serve copies of any exhibits they intend to introduce at the hearing. The parties may provide notice of any rebuttal witnesses or exhibits no later than 7 days prior to the scheduled hearing date. The court, or the special master or hearing panel, if applicable, may waive these deadlines only upon good cause shown.(8)Hearing. The readmission hearing will be held at the time and place the supreme court designates. The applicant bears the burden of demonstrating that the applicant is of good moral character, is fit to practice law, and has complied in all respects with the terms of the order or judgment of revocation. The hearing will be public unless the supreme court orders otherwise upon motion of a party. The hearing will be informal, and strict rules of evidence will not apply. The supreme court may impose reasonable time limits on the length of the hearing. The hearing must be recorded.(9)Decision.a. The supreme court's decision will be determined by majority vote of those justices participating in the proceeding. Any special master or hearing panel appointed to conduct a hearing must file a report containing findings of fact with the supreme court clerk within 30 days after the hearing. The court's review of the record made before the special master or hearing panel will be de novo. An attorney's readmission to practice in another jurisdiction following revocation in Iowa is not binding on the decision of the supreme court on any application for readmission to practice in Iowa. The decision rests in the sole discretion of the supreme court.b. The supreme court in its discretion may place conditions on readmission, including, but not limited to, passing the Iowa bar examination. If the applicant refuses or fails to perform any of the conditions, the court may enter an order summarily denying the application or revoking the attorney's license, if admitted, without further hearing. The applicant must post a scaled score of at least 80 on the Multistate Professional Responsibility Exam (MPRE) as a condition of readmission. The MPRE score must be from a test taken no longer than three years prior to the date of filing of the application for readmission. An applicant may take the MPRE after the court's readmission decision, but the attorney will not be readmitted until the required score is filed.(10)Applicability of rules to attorneys permanently enjoined from practicing law in Iowa. Rule 34.27 also applies also apply to attorneys not licensed in Iowa whom the Iowa Supreme Court has enjoined from practicing law in Iowa on a permanent basis. Such attorneys who seek to have the injunction lifted must follow the procedures set forth for revoked attorneys in this rule, and their applications will be processed in the same manner.Admi. Gen. Prov. Griev. Commi. and. Attor. Disci. Board. 34.27
Court order December 12, 2023, effective 1/1/2024.