(a) Application for Reinstatement.
(1) An individual who has ceased to be a member of the Bar of this Court for any
reason, including disbarment, suspension, failure to comply with the requirements
for continuation of membership, resignation or failure to renew membership in a
timely manner, may apply for reinstatement by filing a completed application for
reinstatement on a form provided by the Clerk and paying the applicable
reinstatement fee established by the Court.
(2) An attorney who has been suspended also shall file an affidavit of compliance
with the provisions of the order of suspension along with the application for
reinstatement.
(3) An attorney who has been disbarred after hearing or by consent may not apply for
reinstatement until at least 5 years after the effective date of disbarment.
(4) An attorney who was placed on inactive status because of incapacity also shall
file, along with his or her application, a written waiver of any doctor/patient
privilege with respect to relevant treatment of the attorney during the period of
incapacity. In addition, such attorney shall disclose the name of every
psychiatrist, psychologist, physician and hospital or other institution by whom or
in which the attorney has been examined or treated for any condition or
conditions relating to the incapacity since being placed on inactive status and a
written consent authorizing each of them to disclose any relevant information and
provide any relevant records requested by the Court or special counsel.
(b) Procedure on Application. In ruling on an application for reinstatement, the Court may
proceed in any of the following ways:
(1) Summarily approve or reject the application if the appropriate action to be taken
is clear from the face of the application and there are no facts in dispute.
(2) Designate a magistrate judge or appoint a special counsel to investigate and
recommend to the Court whether or not the application should be approved;
provided, however, that such recommendation will not be binding upon the Court.
(3) Promptly schedule the matter for a hearing before the Court, a single district judge
designated by the Court or a magistrate judge designated by the Court. However,
if a magistrate judge has made a recommendation pursuant to this subsection, the
hearing shall not be conducted by that magistrate judge.
U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES
(A) If the hearing is conducted by a district judge, the Court may authorize
that district judge to rule on the application without further action by the
Court.
(B) If the hearing is conducted by a magistrate judge, the matter shall be dealt
with in the manner described in LR Gen 210(d)(1)(B)-(C).
(c) Conduct of Hearing. At the hearing, the applicant shall have the burden of
demonstrating by clear and convincing evidence that he or she is of good moral character
and otherwise qualified and fit to practice law before this Court, and that the applicant’s
resumption of the practice of law before this Court will not adversely affect the interests
of potential clients, public confidence in the integrity of the Bar of this Court or the
proper administration of justice.
(1) The Court may elect or appoint a special counsel to present evidence at the
hearing and to cross examine the witnesses.
(2) The applicant shall have a similar right to present evidence and cross examine
witnesses and to be represented by counsel.
Effective 12/1/18: §(b)(3)(B) amended. Effective 12/15/14: §(a)(4) amended. Effective 12/1/11: The numerical
references in this rule were altered as part of the restyling of numerical references throughout the Local Rules.
Effective 1/3/11: §(c) amended. Effective 3/17/08: §(a)(1) amended.
CROSS-REFERENCE
See LR Gen 210(d)(conduct of disciplinary hearing).
U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES
