(a) Automatic Reinstatement; Reinstatement by Order.
An attorney suspended for three months or less shall be automatically
reinstated at the end of the period of suspension upon filing with the court an
affidavit of compliance with the provisions of the suspension order. An
attorney suspended for more than three months or disbarred may not resume
practice until reinstated by order of this court.
(b) Time for Petition.
An attorney who has been disbarred after hearing or by consent may not
petition for reinstatement until the expiration of at least three years from the
effective date of disbarment.
(c) Procedure.
Petitions for reinstatement by a disbarred or suspended attorney under this
rule shall be filed with the court. Upon receipt of the petition, the Chief
Judge may assign the matter for a prompt hearing before a judge (or judges)
of the court and may, in the Chief Judge’s discretion, refer the petition to
counsel for investigation in accordance with Local Civil Rule 83.7b(f). The
judge assigned to the matter shall schedule a hearing at which petitioner shall
have the burden of demonstrating by clear and convincing evidence that the
attorney has the moral qualifications, competency, and learning of the law
required for admission to practice law before this court, and that the
attorney’s 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. In all proceedings upon a petition for reinstatement,
cross-examination of the witnesses of the attorney and the submission of
evidence, if any, in opposition to the petition shall be conducted by the
referee attorney if the matter has been referred to that attorney by the court
in accordance with Local Civil Rule 83.7b(f).
(d) Costs.
Petitions for reinstatement under this rule shall be accompanied by an
advanced cost deposit made payable to the Clerk, United States District
Court, in the amount of the current attorney admission fee. The court may
later impose costs related to the reinstatement proceeding.
May 2023 Return to Table of Contents
Local Civil Rules – U.S. District Court for the Eastern District of North Carolina Page 91
(e) Order of Reinstatement.
If the petitioner is found to be unfit to resume the practice of law, the petition
shall be dismissed. If the petitioner is found to be fit to resume the practice
of law, the judgment shall reinstate the petitioner, provided that the judgment
may make reinstatement conditional upon the payment of all or part of the
costs of the proceedings and partial or complete restitution to parties
harmed by the petitioner conduct that led to the suspension or disbarment.
(f) 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.
