Rule 11-591. Reinstatementfollowing a suspension of more than six months; relicensure.
(a) Generally. A Respondent suspended for more than six months or adelicensed Respondent may be reinstated or relicensed only upon the districtcourt?s order. No Respondent may petition for reinstatement until three monthsbefore the period for suspension has expired. No Respondent may petition forreinstatement until five years after the effective date of delicensure.A Respondent who has been placed on interim suspension and is then delicensedfor the same misconduct that was the ground for the interim suspension maypetition for reinstatement or relicensure at theexpiration of five years from the effective date of the interim suspension.
(b) Petition. A petition for reinstatement or relicensuremust be verified, filed with the district court, and must specify with particularitythe manner in which the Respondent meets each of the criteria specified inparagraph (e) or, if not, why there is otherwise good and sufficient reason forreinstatement or relicensure. With specific referenceto paragraph (e)(4), before filing a petition forreinstatement or relicensure, the Respondent mustreceive a report and recommendation from the Bar?s Character and FitnessCommittee. In addition to receiving the report and recommendation from theCharacter and Fitness Committee, the Respondent must satisfy all otherrequirements as set forth in Chapter 14, Article 7. Before or as part of theRespondent?s petition, the Respondent may request to modify or abate conditionsof discipline, reinstatement or relicensure.
(c) Serving the petition. The Respondent must serve the OPC with a copyof the petition.
(d) Publishing notice of petition. When a Respondent files a petitionfor reinstatement or relicensure, the OPC must:
(1) publish anotice of the petition in the Utah Bar Journal, which:
(A)informs Bar members of the application forreinstatement or relicensure, and
(B)requests that any individuals file notice of theiropposition or concurrence with the district court within 28 days of the date ofpublication; and
(2)send a notice to the Complainant?s last known address according to OPC records,to each Complainant in the disciplinary proceeding that led to the Respondent?ssuspension or delicensure informing such Complainantthat:
(A)the Respondent is applying for reinstatement or relicensure, and
(B)the Complainant has 28 days from the mailing date toobject to or support the Respondent?s petition.
(e) Criteria for reinstatement and relicensure.A Respondent may be reinstated or relicensed only if the Respondent meets eachof the following criteria, or, if not, presents good and sufficient reason whythe Respondent should nevertheless be reinstated or relicensed.
(1)The Respondent has fully complied with the terms and conditions of all priordisciplinary orders except to the extent such orders are abated by the districtcourt.
(2)The Respondent has not engaged nor attempted to engage in the unauthorizedpractice of law during the period of suspension or delicensure.
(3)If the Respondent was suffering from a physical or mental disability orimpairment which was a causative factor of the Respondent?s misconduct,including substance abuse, the disability or impairment has been removed. Wheresubstance abuse was a causative factor in the Respondent?s misconduct, theRespondent may not be reinstated or relicensed unless the Respondent:
(A)has recovered from the substance abuse as demonstratedby a meaningful and sustained period of successful rehabilitation;
(B)has abstained from the use of the abused substance andthe unlawful use of controlled substances for the preceding six months; and
(C)is likely to continue to abstain from the substance abused and the unlawful useof controlled substances.
(4)Notwithstanding the conduct for which the Respondent was disciplined, theRespondent has the requisite honesty, integrity, and fitness to practice law.In relicensure cases, the Respondent must appearbefore the Bar?s Character and Fitness Committee and cooperate in itsinvestigation of the Respondent. A copy of the Character and Fitness Committee?sreport and recommendation will be provided to the OPC and forwarded to thedistrict court assigned to the petition after the Respondent files a petition.
(A)Factors considered in determininghonesty, integrity, and fitness for reinstatement or relicensure.The court must determine whether the Lawyer seeking reinstatement or relicensure has demonstrated the requisite honesty,integrity, and fitness to practice law. The court may consider the Respondent?sactions taken during the suspension or delicensureincluding:
(i) lack of candor;
(iii)false or misleading statements or omissions;
(iv) acts involving dishonesty, fraud, deceit, ormisrepresentation;
(v)abuse of the legal process;
(vi)neglecting financial responsibilities;
(vii)violating court order;
(viii)evidence of mental or emotional instability; and
(ix)evidence of drug or alcohol dependency;
(B)Assigning weight and significance toconduct. In determining honesty, integrity, and fitness to practice law,the court may use the following factors to assign weight and significance toprior conduct:
(i) how recent the conductoccurred;
(ii) seriousness of the conduct;
(iii) cumulative effect of theconduct;
(iv) evidence of rehabilitation;and
(v) positive social contributionswhile suspended.
(5)The Respondent has kept informed about recent developments in the law byengaging in legal education and is competent to practice.
(6)In cases of suspensions for one year or more, a Respondent lawyer will berequired to retake and pass the Multistate Professional ResponsibilityExamination, and Respondent licensed paralegal practitioners must pass theLicensed Paralegal Practitioner Professional Responsibility Exam.
(7)In all cases of delicensure, a Respondent lawyer willbe required to pass the student applicant Bar Examination and the MultistateProfessional Responsibility Examination, and Respondent licensed paralegalpractitioners must pass the student applicant Licensed Paralegal PractitionerLicensing Exam.
(8)The Respondent has fully reimbursed the Bar?s Lawyers? Fund for ClientProtection or Licensed Paralegal Practitioners? Fund for Client Protection forany amounts paid on account of the Respondent?s conduct.
(f) Review of petition. Within 60 days of receiving a Respondent?spetition for reinstatement or relicensure, the OPCmust either:
(1)advise the Respondent and district court that the OPCwill not object to the Respondent?s reinstatement or relicensure;or
(2)object in writing to the petition.
(g) Hearing; report. If the OPC objects, the district court, as soon asreasonably practicable and within a target date of 90 days of the filing of thepetition, will conduct a hearing at which the Respondent will have the burdenof demonstrating by a preponderance of the evidence that the Respondent has meteach of the criteria in paragraph (e) or, if not, that there is good andsufficient reason why the Respondent should nevertheless be reinstated orrelicensed. The district court will enter its findings and order. If the OPCdoes not object, the district court will review the petition without a hearingand enter its findings and order.
(h) Successive petitions. Unless the district court orders otherwise,no Respondent may apply for reinstatement or relicensurewithin one year following an adverse judgment upon a petition for reinstatementor relicensure.
(i) Conditions of reinstatement or relicensure.The district court may impose conditions on a Respondent?s reinstatement or relicensure if the Respondent has met the burden of proofjustifying reinstatement or relicensure, but thedistrict court reasonably believes that further precautions should be taken toensure that the public will be protected when the Respondent returns topractice.
(j) Reciprocal reinstatement or relicensure.If a Respondent has been suspended or delicensed solely because of disciplineimposed by another court, another jurisdiction, or a regulatory body havingdisciplinary jurisdiction, and if the Respondent is later reinstated orrelicensed by that court, jurisdiction or regulatory body, the Respondent maypetition for reciprocal reinstatement or relicensurein Utah. The Respondent must file with the district court and serve the OPCwith a petition for reciprocal reinstatement or relicensure.The petition must include a certified or otherwise authenticated copy of theorder of reinstatement or relicensure from the othercourt, jurisdiction, or regulatory body. Within 21 days of receiving thepetition, the OPC may object based solely on substantial proceduralirregularities. If the OPC objects, the district court will hold a hearing andenter its findings and order. If no objection is filed, the district court willenter its order based on the petition.
Effective December 15, 2020