(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 filing with the Clerk
of Court an affidavit of compliance with the provisions of the order
suspending them. An attorney suspended for more than three months or
disbarred may not resume practice until reinstated upon motion and 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 an attorney disbarred or suspended under
this Rule shall be filed with the Chief Judge. The Chief Judge shall assign
the matter to one or more judges of this Court for consideration. If the
underlying disciplinary proceeding was predicated upon the complaint of
a judge of this Court, that judge shall be excluded from considering the
petition for reinstatement. The judge or judges assigned to the matter shall,
within 30 days, either grant the petition or set the matter for hearing. If a
hearing is set, the petition shall be referred to counsel to make
recommendations as to whether reinstatement is proper. Counsel may be
required to file a report prior to the hearing and may also cross-examine the
petitioner and his/her/their witnesses and be responsible for submitting
any evidence in opposition to the petition. The petitioner has the burden of
demonstrating by clear and convincing evidence that he/she/they have the
qualifications, competency, and learning in the law required for admission
to practice law before this Court and that his/her/their 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.
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(d) Deposit for Costs of Proceeding
As circumstances warrant, the Court may require an advance cost deposit
in an amount to be set by the Court to cover anticipated costs of the
reinstatement proceeding.
(e) 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 them, 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. If the petitioner has been suspended or disbarred for five years
or more, reinstatement may be conditioned, in the discretion of the judge
or judges 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.
(f) Successive Petitions
An attorney may not file a second or successive petition for reinstatement
within one year of any denial of an initial petition for reinstatement.
(g) Fees
The fee for general admission to the district bar, or the renewal fee, must be
paid, as appropriate. See SDLR 83.1, Fee Schedule, available on the Court’s
website.
