Rule 17 - Incompetency or incapacity(a) Where an attorney has been judicially declared incompetent or committed on the grounds of incompetency, this Court, upon proper proof of the fact, shall enter an order transferring such attorney to inactive status effective immediately and for an indefinite period until the further order of this Court. A copy of such order shall be served upon such attorney, his or her guardian and/or the director of the institution to which he or she has been committed in such manner as this Court may direct.(b) Whenever the Board shall petition this Court to determine whether an attorney is incapacitated from continuing the practice of law by reason of mental infirmity or illness or because of addiction of drugs or intoxicants, this Court may take or direct such action as it deems necessary or proper to determine whether the attorney is so incapacitated, including the examination of the attorney by such qualified medical experts as this Court shall designate. If, upon due consideration of the matter, this Court concludes that the attorney is incapacitated from continuing to practice law, it shall enter an order transferring him or her to inactive status on the ground of such incapacity for an indefinite period and until the further order of this Court. Any pending disciplinary proceeding against the attorney shall be held in abeyance. This Court shall provide for such notice to the respondent-attorney of proceedings in the matter as it deems proper and advisable and may appoint an attorney to represent the respondent-attorney if he or she is without adequate representation.
(c) If, during the course of a disciplinary proceeding the respondent-attorney contends that he or she is suffering from an incapacity by reason of mental or physical infirmity or illness, or because of addiction to drugs or intoxicants, which makes it impossible for the respondent-attorney to adequately defend himself or herself, this Court thereupon shall enter an order immediately transferring the respondent-attorney to inactive status until a determination is made of the respondent-attorney's capacity to continue to practice law in a proceeding instituted in accordance with the provisions (b) above. If this Court shall determine that the respondent-attorney is not incapacitated from practicing law, it shall take such action as it deems proper and advisable including a direction for the resumption of the disciplinary proceeding against the respondent-attorney.
(d) The Clerk of this Court shall cause a notice of transfer to inactive status to be published in the Rhode Island Bar Journal and a newspaper of general circulation in the county in which the incapacitated attorney maintained his or her practice.(e) The Clerk of this Court shall promptly transmit a certified copy of the order of transfer to inactive status to all courts within the State and shall request such action as this Court may direct under the provisions of Rule 18 in order to protect the interests of the incapacitated attorney and his or her clients.(f) No attorney transferred to inactive status under the provision of this rule may resume active status until reinstated by order of this Court. Any attorney transferred to inactive status under the provision of this rule shall be entitled to apply for reinstatement to active status once a year or at such shorter intervals as this Court may direct in the order transferring the respondent-attorney to inactive status or any modification thereof. Such application shall be granted by this Court upon a showing by clear and convincing evidence that the attorney's incapacity has been removed and he or she is fit to resume the practice of law. Upon such application, this Court may take or direct such action as it deems necessary or proper to a determination of whether the attorney's incapacity has been removed, including a direction for an examination of the attorney by such qualified medical experts as this Court shall designate. In its discretion, this Court may direct that the expense of such an examination shall be paid by the attorney. Where an attorney has been transferred to inactive status by an order in accordance with the provisions of (a) above and, thereafter, in proceedings duly taken, he or she has been judicially declared to be competent, this Court may direct his or her reinstatement to active status upon such terms as are deemed proper and advisable.
(g) The filing of an application for reinstatement to active status by an attorney transferred to inactive status because of incapacity shall be deemed to constitute a waiver of a doctor/patient privilege, if any, with respect to any treatment of the attorney during the period of his or her incapacity. The attorney shall be required to disclose the name of every psychiatrist, psychologist, physician and hospital or other institution by whom or in which the attorney has been examined or treated since his or her transfer to inactive status and he or she shall furnish to this Court written consent to each to divulge such information and records as requested by court-appointed medical experts. In a proceeding seeking an order of reinstatement to active status under this rule, the burden of proof shall rest with the respondent-attorney.(h) The Clerk of the Court of any court within the State in which an attorney has been judicially declared incompetent or has been committed on the grounds of incompetency shall, within ten (10) days of said decree, transmit a certificate thereof to this Court.As amended by the court on 5/11/1993; Revised 11/1/2023.