(a) Automatic Reinstatement; Reinstatement by Order. An attorney
suspended for 3 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 actively 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 5 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
shall 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. 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 counsel if the matter has been referred
to counsel by the Court.
(d) Costs. The Petitioner shall pay the ordinary fee for admission, together
with any other costs assessed by the Court for the reinstatement proceeding.
(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 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 5 years or more,
reinstatement may be conditioned, in the discretion of the Judge, upon the furnishing of
proof of competency and learning in the law, which proof may include certification by
the bar examiners of North Carolina of the attorney's successful completion of an
examination for admission to practice subsequent to the date of suspension or disbarment.
(f) Successive Petitions. No petition for reinstatement under this rule shall be
filed within 1 year following an adverse judgment upon a petition for reinstatement filed
by or on behalf of the same person.
