(1)If the district court determines the claim of inability to defend is valid, thedisciplinary proceeding will be deferred and the Lawyer retained on disabilitystatus until the district court subsequently considers a petition for transferof the Lawyer to active status. If the district court considering the petitionfor transfer to active status determines the petition should be granted, theinterrupted disciplinary proceedings may resume.
(2)If the district court determines the claim of incapacity to defend to be invalid,the disciplinary proceeding will resume.
(1)Court order. No Lawyer transferredto disability status may resume active status except by district court order.
(2)Petition. Any Lawyer transferred todisability status is entitled to petition for transfer to active status once ayear, or at whatever shorter intervals the district court may direct in theorder transferring the Lawyer to disability status or any modificationsthereof.
(3)Examination. Upon filing a petitionfor transfer to active status, the district court may take or direct whateveraction it deems necessary or proper to determine whether the disability hasbeen removed, including directing designated qualified experts to examine theLawyer. In its discretion, the district court may direct the Lawyer to pay theexamination expense.
(4)Waiver of privilege. When filing apetition for reinstatement to active status, the Lawyer will be required todisclose the name of each psychiatrist, psychologist, physician, or otherhealth care provider and hospital or other institution by whom or in which theLawyer has been examined or treated related to the disability since thetransfer to disability status. The Lawyer must furnish written consent to eachlisted provider to divulge information and records relating to the disabilityif requested by the district court or the district court?s appointed experts.
(5)Learning in law; Barexamination. The district court may also direct that the Lawyer establishproof of competence and learning in law, which proof may include the Bar?scertification that the Lawyer has successfully completed an examination for
(6)Granting petition for transfer to activestatus. The district court will grant the petition for transfer to activestatus on a showing by clear and convincing evidence that the disability hasbeen removed.
(7)Judicial declaration of competence.If a Lawyer transferred to disability status on the basis of a judicialdetermination of incompetence is subsequently judicially declared to becompetent, the district court may dispense with further evidence that theLawyer?s disability has been removed and may immediately order the Lawyer?sreinstatement to active status upon terms as are deemed proper and advisable.