Rule 14-525. Reinstatement following a suspension of more than six months; readmission.
(a) Generally. A respondent suspended for more than six months or a disbarred respondent shall be reinstated or readmitted only upon order of the district court. No respondent may petition for reinstatement until three months before the period for suspension has expired. No respondent may petition for readmission until five years after the effective date of disbarment. A respondent who has been placed on interim suspension and is then disbarred for the same misconduct that was the ground for the interim suspension may petition for readmission at the expiration of five years from the effective date of the interim suspension.
(b) Petition. A petition for reinstatement or readmission shall be verified, filed with the district court, and shall specify with particularity the manner in which the respondent meets each of the criteria specified in paragraph (e) or, if not, why there is otherwise good and sufficient reason for reinstatement or readmission. With specific reference to paragraph (e)(4), prior to the filing of a petition for readmission, the respondent must receive a report and recommendation from the Bar's Character and Fitness Committee. In addition to receiving the report and recommendation from the Character and Fitness Committee, the respondent must satisfy all other requirements as set forth in Article 7, Admissions. Prior to or as part of the respondent's petition, the respondent may request modification or abatement of conditions of discipline, reinstatement or readmission.
(c) Service of petition. The respondent shall serve a copy of the petition upon OPC counsel.
(d) Publication of notice of petition. At the time a respondent files a petition for reinstatement or readmission, OPC counsel shall publish a notice of the petition in the Utah Bar Journal. The notice shall inform members of the Bar about the application for reinstatement or readmission, and shall request that any individuals file notice of their opposition or concurrence with the district court within 30 days of the date of publication. In addition, OPC counsel shall notify each complainant in the disciplinary proceeding that led to the respondent's suspension or disbarment that the respondent is applying for reinstatement or readmission, and shall inform each complainant that the complainant has 30 days from the date of mailing to raise objections to or to support the respondent's petition. Notice shall be mailed to the last known address of each complainant in OPC counsel's records.
(e) Criteria for reinstatement and readmission. A respondent may be reinstated or readmitted only if the respondent meets each of the following criteria, or, if not, presents good and sufficient reason why the respondent should nevertheless be reinstated or readmitted.
(e)(1) The respondent has fully complied with the terms and conditions of all prior disciplinary orders except to the extent they are abated by the district court.
(e)(2) The respondent has not engaged nor attempted to engage in the unauthorized practice of law during the period of suspension or disbarment.
(e)(3) If the respondent was suffering from a physical or mental disability or impairment which was a causative factor of the respondent's misconduct, including substance abuse, the disability or impairment has been removed. Where substance abuse was a causative factor in the respondent's misconduct, the respondent shall not be reinstated or readmitted unless:
(e)(3)(A) the respondent has recovered from the substance abuse as demonstrated by a meaningful and sustained period of successful rehabilitation;
(e)(3)(B) the respondent has abstained from the use of the abused substance and the unlawful use of controlled substances for the preceding six months; and
(e)(3)(C) the respondent is likely to continue to abstain from the substance abused and the unlawful use of controlled substances.
(e)(4) Notwithstanding the conduct for which the respondent was disciplined, the respondent has the requisite honesty and integrity to practice law. In readmission cases, the respondent must appear before the Bar's Character and Fitness Committee and cooperate in its investigation of the respondent. A copy of the Character and Fitness Committee's report and recommendation shall be provided to the OPC and forwarded to the district court assigned to the petition after the respondent files a petition.
(e)(5) The respondent has kept informed about recent developments in the law and is competent to practice.
(e)(6) In cases of suspensions for one year or more, the respondent shall be required to pass the Multistate Professional Responsibility Examination.
(e)(7) In all cases of disbarment, the respondent shall be required to pass the student applicant Bar Examination and the Multistate Professional Responsibility Examination.
(e)(8) The respondent has fully reimbursed the Bar's Lawyers' Fund for Client Protection for any amounts paid on account of the respondent's conduct.
(f) Review of petition. Within 60 days after receiving a respondent's petition for reinstatement or readmission, OPC counsel shall either:
(f)(1) advise the respondent and the district court that OPC counsel will not object to the respondent's reinstatement or readmission; or
(f)(2) file a written objection to the petition.
(g) Hearing; report. If an objection is filed by OPC counsel, the district court, as soon as reasonably practicable and within a target date of 90 days of the filing of the petition, shall conduct a hearing at which the respondent shall have the burden of demonstrating by a preponderance of the evidence that the respondent has met each of the criteria in paragraph (e) or, if not, that there is good and sufficient reason why the respondent should nevertheless be reinstated or readmitted. The district court shall enter its findings and order. If no objection is filed by OPC counsel, the district court shall review the petition without a hearing and enter its findings and order.
(h) Successive petitions. Unless otherwise ordered by the district court, no respondent shall apply for reinstatement or readmission within one year following an adverse judgment upon a petition for reinstatement or readmission.
(i) Conditions of reinstatement or readmission. The district court may impose conditions on a respondent's reinstatement or readmission if the respondent has met the burden of proof justifying reinstatement or readmission, but the district court reasonably believes that further precautions should be taken to ensure that the public will be protected upon the respondent's return to practice.
(j) Reciprocal reinstatement or readmission. If a respondent has been suspended or disbarred solely on the basis of discipline imposed by another court, another jurisdiction, or a regulatory body having disciplinary jurisdiction, and if the respondent is later reinstated or readmitted by that court, jurisdiction or regulatory body, the respondent may petition for reciprocal reinstatement or readmission in Utah. The respondent shall file with the district court and serve upon OPC counsel a petition for reciprocal reinstatement or readmission, as the case may be. The petition shall include a certified or otherwise authenticated copy of the order of reinstatement or readmission from the other court, jurisdiction or regulatory body. Within 20 days of service of the petition, OPC counsel may file an objection thereto based solely upon substantial procedural irregularities. If an objection is filed, the district court shall hold a hearing and enter its finding and order. If no objection is filed, the district court shall enter its order based upon the petition.