(a) After Disbarment or Suspension. An attorney suspended for three (3) months or less shall be
automatically reinstated at the end of the period of suspension upon the filing with the Court of an
affidavit of compliance with the provisions of the order. An attorney suspended for more than three (3)
months or disbarred may not resume practice until reinstated by order of this Court.
(b) Time of Application Following Disbarment. A person who has been disbarred after hearing or by
consent may not apply for reinstatement until the expiration of at least five years from the effective
date of the disbarment.
(c) Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney under this
Rule shall be filed with the Judge of this Court. Upon receipt of the petition, the Judge shall promptly
refer the petition to the Standing Committee on Discipline and shall assign the matter for prompt
hearing before this Court, provided however that if the disciplinary proceeding was predicated upon the
complaint of the Judge of this Court, the hearing shall be conducted before a District Court Judge
designated to hold court in the District Court of Guam or the Chief Judge of the Court of Appeals for the
Ninth Circuit. The judge assigned to the matter shall within thirty (30) days after referral, schedule a
hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence
that he has the moral qualifications, competency and learning in the law required for admission to
practice law before this Court and that his resumption of the practice of law will not be detrimental to
the integrity and standing of the bar or to the administration of justice, or subversive of the public
interest.
(d) Duty of the Standing Committee on Discipline. In all proceedings upon a petition for reinstatement,
the petition shall be referred to the Standing Committee for investigation and recommendation. If it is
determined by the Committee that the petition should be opposed, the Committee shall select one of its
members to serve as counsel who shall be responsible for the cross-examination of the witnesses of the
respondent-attorney and the submission of evidence, if any, in opposition to the petition.
(e) Deposit of Costs of Proceeding. Petitions for reinstatement under this Rule shall be accompanied by
an advance cost deposit in an amount to be set from time to time by the Court to cover anticipated
costs of the reinstatement proceeding.
(f) Conditions of Reinstatement. If the petitioner is found unfit to resume the practice of law, the
petition shall be dismissed. If the petitioner is found fit to resume the practice of law, the judgment 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 upon the making of partial or complete restitution to 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 judge before whom the matter is heard, 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.
(g) Successive Petitions. 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.
