Section 16-19-97 – Examination of petitioner for reinstatement–Expense of examination–Additional proof of competence to practice law.
16-19-97. Examination of petitioner for reinstatement–Expense of examination–Additional proof of competence to practice law. Upon application for reinstatement by an attorney on medical inactive status, the Supreme Court may take or direct such action as it deems necessary to determine whether the attorney’s medical condition no longer affects the attorney’s ability to competently practice law, […]
Section 16-19-98 – Order of reinstatement to active status from medical inactive status.
16-19-98. Order of reinstatement to active status from medical inactive status. A petition for reinstatement of an attorney on medical inactive status shall be granted by the Supreme Court upon a showing by clear and convincing evidence that the attorney is competent to resume the practice of law. An attorney who has been placed on […]
Section 16-19-83 – Reinstatement order required before resumption of practice–Time of application–Waiting period after denial of reinstatement.
16-19-83. Reinstatement order required before resumption of practice–Time of application–Waiting period after denial of reinstatement. No attorney suspended for more than three months or disbarred may resume practice until reinstated by order of the Supreme Court. An attorney who has been disbarred may not apply for reinstatement until the expiration of at least five years […]
Section 16-19-84 – Petition and hearing on reinstatement–Advance cost deposit–Burden of proof.
16-19-84. Petition and hearing on reinstatement–Advance cost deposit–Burden of proof. A petition for reinstatement by a disbarred or suspended attorney under §16-19-87 may be filed with the board secretary. The petition shall be accompanied by a deposit in an amount to be set by the board to cover prior proceedings and anticipated expenses of the […]
Section 16-19-85 – Participation by board counsel in hearing on reinstatement–Appearance by and examination of petitioner.
16-19-85. Participation by board counsel in hearing on reinstatement–Appearance by and examination of petitioner. In all proceedings before the board upon a petition for reinstatement, cross-examination of the witnesses and of the petitioner, and the submission of evidence, if any, in opposition to the petition shall be conducted by the board’s counsel. Board members may […]
Section 16-19-86 – Board findings and recommendation on reinstatement–Placement on Supreme Court calendar.
16-19-86. Board findings and recommendation on reinstatement–Placement on Supreme Court calendar. After conducting a hearing on reinstatement, the board shall promptly file a report with the Supreme Court containing its findings and recommendations, together with the record. The Supreme Court shall then place the petition on the calendar for argument. Source: Supreme Court Rule 78-1, […]
Section 16-19-87 – Dismissal of petition or order of reinstatement–Conditions imposed on petitioner.
16-19-87. Dismissal of petition or order of reinstatement–Conditions imposed on petitioner. If the Supreme Court finds the petitioner for reinstatement unfit to resume the practice of law, the petition shall be dismissed. If the Supreme Court finds the petitioner fit to resume the practice of law, the Supreme Court shall enter a judgment of reinstatement. […]
Section 16-19-88 – Transfer to medical inactive status of attorney subject to certain judicial determinations or orders.
16-19-88. Transfer to medical inactive status of attorney subject to certain judicial determinations or orders. Where there is a determination by a court in any state that an attorney is a protected person as that term is defined in §29A-5-102 or is the subject of a court order directing commitment to or inpatient treatment in […]
Section 16-19-89 – Petition by board for determination of attorney’s competency to practice law–Directions for investigation.
16-19-89. Petition by board for determination of attorney’s competency to practice law–Directions for investigation. The disciplinary board may petition the Supreme Court to suspend an attorney from the practice of law pending final hearing and disposition by the Supreme Court, upon good cause shown that the attorney’s ability to competently practice law is adversely affected […]
Section 16-19-80 – Affidavit of compliance filed by disbarred or suspended attorney.
16-19-80. Affidavit of compliance filed by disbarred or suspended attorney. Within ten days after the effective date of disbarment or suspension the disbarred or suspended attorney shall file with the Supreme Court an affidavit showing: (1)That the attorney has fully complied with the provisions of the order and with this chapter; and (2)That the attorney […]