A. After Disbarment or Suspension
An attorney suspended for three months or less shall be automatically reinstated at the end of
the period of suspension upon the filing with this Court of an affidavit of compliance with the
provisions of the order. An attorney suspended for more than three months or disbarred may
not resume the practice of law before this Court until reinstated by order of the Court.
B. Time of Application Following Disbarment
An attorney who has been disbarred after hearing or consent may not apply for reinstatement
until the expiration of at least five years from the effective date of disbarment.
C. Hearing on Application
Petitions for reinstatement by a disbarred or suspended attorney under this Rule shall be filed
with the Chief Judge of this Court. The Chief Judge may submit the petition to the Court or
may, in his or her discretion, refer the petition to the Grievance Committee which shall within
thirty (30) days of the referral schedule a hearing at which the petitioner shall have the burden
of establishing by clear and convincing evidence that he or she has the moral qualifications,
competency, and learning the law required for admission to practice before this Court and that
his or her resumption of the practice of law will not be detrimental to the integrity and standing
of the bar or the administration of justice, or subversive of the public interest. Upon completion
of the hearing, the Committee shall make a full report to the Court. The Committee shall
include in its findings of fact as to the petitioner's fitness to resume the practice of law and its
recommendations as to whether or not the petitioner should be reinstated.
D. Conditions of Reinstatement
If after consideration of the Committee's report and recommendation the Court finds that the
petitioner is unfit to resume the practice of law, the petition shall be dismissed. If after
consideration of the Committee's report and recommendation the Court find that the petitioner
is fit to resume the practice of law, the Court shall reinstate him, provided that the judgment
may make reinstatement conditional upon the payment of all or part of the costs of the
proceedings, and on the making of partial or complete restitution to all parties harmed by the
petitioner whose conduct led to the suspension or disbarment. Provided further, that if the
petitioner has been suspended or disbarred for five years or more, reinstatement may be
conditioned, in the discretion of the Court, upon the furnishing of proof of competency and
learning in the law, which proof may include certification by the bar examiners of a state or
other jurisdiction of the attorney's successful completion of an examination for admission to
practice subsequent to the date of suspension or disbarment. Provided further that any
reinstatement may be subject to any conditions which the Court in its discretion deems
appropriate.
E. Successive Petitioners
No petition for reinstatement under this Rule shall be filed within one year following an adverse
judgment upon a petition for reinstatement filed by or on behalf of the same person.
F. Deposit for Costs of Proceeding
Petitions for reinstatement under this Rule shall be accompanied by a deposit in an amount to
be set from time to time by the Court in consultation with the Grievance Committee to cover
anticipated costs of the reinstatement proceeding.
