Reinstatement Following Disciplinary Action
(a) After Suspension for a Definite Period.
(1) Except as provided in paragraph (2) below, a practitioner upon whom a disciplinary suspension has been imposed for a definite period may resume practice at the end of the suspension period. If any conditions were imposed in the suspension order, the practitioner may resume practice only after filing with the Clerk an affidavit of compliance or other evidence of compliance as required by the Panel, with those conditions.
(2) A practitioner whose suspension was directed to run concurrently with a suspension mandated by another court may resume practice only after filing with the Clerk an affidavit that he or she has been reinstated by the other court and after completion of the procedures set forth in paragraph (3) below.
(3) Any affidavit filed under paragraph (1) or (2) above will be referred by the Clerk to the Court (specifically, to the panel that imposed the suspension) and, unless otherwise ordered by the Panel, the Clerk will issue an order reinstating the practitioner 14 days after referral of the affidavit to the Panel.
(4) After referral by the Clerk of an affidavit in accordance with paragraph (3) above, the Panel may take action as prescribed in subsection (c)(2)(A) and (B) below or may take no action.
(b) After Disbarment or Suspension for an Indefinite Period.
(1) A practitioner upon whom a disciplinary suspension has been imposed for an indefinite period or who has been disbarred may not resume practice before the Court until reinstated by order of the Court.
(2) Such a practitioner may apply for reinstatement only by filing an application with the Clerk, but not until the expiration of at least one year after the date of the disbarment or suspension order or last rejection of reinstatement.
(3) The practitioner shall have the burden of demonstrating by clear and convincing evidence that he or she possesses the moral and professional qualifications required for admission to practice before the Court and that the practitioner's resumption of practice before the Court will not be detrimental to the integrity and standing of the bar or to the administration of justice.
(1) An application for reinstatement shall consist of a letter from the practitioner concerned that is filed with the Clerk.
(2) The Clerk will promptly refer an application for reinstatement that meets the criteria of subsection (b) above, when applicable, to the panel of the Court that imposed the suspension or disbarment. The Panel will:
(A) Issue an order reinstating the practitioner concerned; or
(B) issue a non-public order referring the matter to the Committee for a report and recommendation as to whether the practitioner concerned should be reinstated and, after receiving such report and any report rebuttal:
(i) Issue an order reinstating the practitioner concerned; or
(ii) issue an order to show cause why the Court should not deny the application for reinstatement; or
(iii) hold in abeyance the application for reinstatement and issue an order stating what action or forebearance of action is required as a prior or subsequent condition for the reinstatement of the practitioner concerned.
(3) After receiving a show-cause response to an order issued in accordance with subsection (c)(2)(B) above, or after the time for receiving a show-cause response has expired, the Panel will take whatever action prescribed in subsection (c)(2)(B) above that it considers appropriate, or deny the application.
(1) An order reinstating an applicant, issued by the Clerk pursuant to this Rule, will state only that the Court reinstates the applicant. Such order will be a public order.
(2) An order reinstating an applicant, issued by a Panel pursuant to this Rule, may discuss the details of the application and the Court's rationale for granting the application for reinstatement. Such order will be a public order.
(e) Substitution of Judges. The Clerk will substitute a randomly selected judge of the Court for any judge who was part of the Panel of the Court that imposed the suspension or disbarment but who is no longer eligible or able to serve on the Panel.
(f) Nonapplicability. This Rule shall not apply to reinstatement in connection with a proceeding under Rules 8 or 9 above.