1.Reinstatement—suspension 6 months or less. An attorney who has been suspended for 6 months or less pursuant to disciplinary proceedings shall be reinstated at the end of the period of suspension by filing with bar counsel an affidavit stating that they have fully complied with the requirements of the suspension order and have paid any required fees and costs. 2.Reinstatement—suspension more than 6 months. An attorney suspended for more than 6 months shall be reinstated only upon order of the court. No attorney may petition for reinstatement until the period of suspension has expired. An attorney shall receive credit for the time they were on interim suspension. 3.Petition. An attorney must submit a petition for reinstatement under oath or affirmation under penalty of perjury and shall specify with particularity how the attorney meets each of the criteria specified in subsection 5 or, if not, why there is good and sufficient reason for reinstatement. 4.Service of petition. The attorney shall file a copy of the petition with bar counsel, and bar counsel shall serve a copy of the petition upon each complainant in the disciplinary proceeding that led to the suspension or disbarment. Bar counsel shall promptly refer the petition to the chair of the appropriate disciplinary board. The chair or vice chair shall promptly refer the petition to a hearing panel, which shall, within 60 days after referral, conduct a hearing.5.Criteria for reinstatement. An attorney may be reinstated only if the attorney demonstrates by clear and convincing evidence the following criteria, or if not, presents good and sufficient reason the attorney should nevertheless be reinstated:(a) Full compliance with the terms and conditions of all prior disciplinary orders;(b) The attorney has neither engaged in nor attempted to engage in the unauthorized practice of law during the period of suspension;(c) Any physical or mental disability or infirmity existing at the time of suspension has been removed; if alcohol or other drug abuse was a causative factor in the attorney’s misconduct, the attorney has pursued appropriate treatment, has abstained from the use of alcohol or other drugs for a stated period of time, generally not less than 1 year, and is likely to continue to abstain from alcohol or other drugs;(d)The attorney recognizes the wrongfulness and seriousness of the misconduct resulting in the suspension;(e)The attorney has not engaged in any other professional misconduct since suspension;(f) Notwithstanding the conduct for which the attorney was disciplined. the attorney has the requisite honesty and integrity to practice law: and(g) The attorne has kept informed about recent developments in the law and is competent to practice. 6.6. Hearing; decision as to reinstatement. The hearing panel shall file its findings and recommendations within 30 days after the hearing concludes. Within 60 days after the hearing concludes, bar counsel shall file the record of the proceedings, together with the panel’s findings and recommendation, with the supreme court. Receipt of the record shall be acknowledged in writing by the supreme court clerk. The attorney or bar counsel shall have 30 days from the date the supreme court acknowledges receipt of the record within which to file an opening brief or otherwise advise the court if they intend to contest the hearing panel’s findings and recommendations. If an opening brief is filed, briefing shall thereafter proceed in accordance with NRAP 31(a). Extensions of time to file briefs are disfavored and will only be granted upon a showing of good cause. The parties shall not be required to prepare an appendix, but shall cite to the record of the reinstatement proceedings. If no opening brief is filed, the matter will be submitted for decision on the record without briefing or oral argument.
If the court finds that the attorney has complied with each of the criteria of subsection 5 or has presented good and sufficient reason for failure to comply, the court shall reinstate the attorney.
7. Bar counsel to appear. In proceedings for reinstatement, bar counsel shall represent the state bar and submit any evidence and produce any witnesses relevant to the petition. Prior to the hearing, bar counsel may make a lawful request for information consistent with the requirements for admission under SCR51. 8. Tender of costs in advance. Petitions for reinstatement under this rule shall be accompanied by an advance cost deposit of $2,500 to cover anticipated costs of the reinstatement proceeding. 9. Decision on reinstatement; conditions. If the attorney does not meet the burden of proof to justify reinstatement, the petition shall be dismissed by the hearing panel. If the attorney meets the burden of proof, the hearing panel’s recommendation for reinstatement shall be entered. Reinstatement shall be conditioned upon the attorney’s payment of the costs of the proceeding, restitution to parties injured by the petitioner’s misconduct, including the Clients’ Security Fund, any further conditions deemed appropriate by the panel, and such proof of competency as may be required by the supreme court, which proof may include certification by the bar examiners of the successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. If an attorney has been continuously suspended for 5 years or more at the time a petition for reinstatement is filed, irrespective of the term of suspension initially imposed, successful completion of the examination for admission to practice shall be a mandatory condition of reinstatement.10. Successive petitions. A petition for reinstatement under this rule shall not be filed within 1 year following an adverse judgment on a petition for reinstatement filed by the same attorney, unless otherwise ordered by the court.Added effective 2/15/1979; amended effective 3/1/2007; amended effective 7/8/2013; last amended effective 10/5/2015; amended effective 1/10/2018; amended effective 10/26/2023.