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Rule 14-525

Rule 14-525. Reinstatementfollowing a suspension of more than six months; readmission.

(a) Generally. A respondentsuspended for more than six months or a disbarred respondent shall bereinstated or readmitted only upon order of the district court. No respondentmay petition for reinstatement until three months before the period forsuspension has expired. No respondent may petition for readmission until fiveyears after the effective date of disbarment. A respondent who has been placedon interim suspension and is then disbarred for the same misconduct that wasthe ground for the interim suspension may petition for readmission at theexpiration of five years from the effective date of the interim suspension.

(b) Petition. A petition forreinstatement or readmission shall be verified, filed with the district court,and shall specify with particularity the manner in which the respondent meetseach of the criteria specified in paragraph (e) or, if not, why there isotherwise good and sufficient reason for reinstatement or readmission. Withspecific reference to paragraph (e)(4), prior to the filing of a petition forreadmission, the respondent must receive a report and recommendation from theBar's Character and Fitness Committee. In addition to receiving the report andrecommendation from the Character and Fitness Committee, the respondent mustsatisfy all other requirements as set forth in Article 7, Admissions. Prior toor as part of the respondent's petition, the respondent may requestmodification or abatement of conditions of discipline, reinstatement orreadmission.

(c) Service of petition. Therespondent shall serve a copy of the petition upon OPC counsel.

(d) Publication of notice ofpetition. At the time a respondent files a petition for reinstatement orreadmission, OPC counsel shall publish a notice of the petition in the Utah BarJournal. The notice shall inform members of the Bar about the application forreinstatement or readmission, and shall request that any individuals filenotice of their opposition or concurrence with the district court within 30days of the date of publication. In addition, OPC counsel shall notify eachcomplainant in the disciplinary proceeding that led to the respondent'ssuspension or disbarment that the respondent is applying for reinstatement orreadmission, and shall inform each complainant that the complainant has 30 daysfrom the date of mailing to raise objections to or to support the respondent'spetition. Notice shall be mailed to the last known address of each complainantin OPC counsel's records.

(e) Criteria for reinstatementand readmission. A respondent may be reinstated or readmitted only if therespondent meets each of the following criteria, or, if not, presents good andsufficient reason why the respondent should nevertheless be reinstated orreadmitted.

(e)(1) The respondent has fullycomplied with the terms and conditions of all prior disciplinary orders exceptto the extent they are abated by the district court.

(e)(2) The respondent has notengaged nor attempted to engage in the unauthorized practice of law during theperiod of suspension or disbarment.

(e)(3) If the respondent wassuffering from a physical or mental disability or impairment which was acausative factor of the respondent's misconduct, including substance abuse, thedisability or impairment has been removed. Where substance abuse was acausative factor in the respondent's misconduct, the respondent shall not bereinstated or readmitted unless:

(e)(3)(A) the respondent hasrecovered from the substance abuse as demonstrated by a meaningful andsustained period of successful rehabilitation;

(e)(3)(B) the respondent hasabstained from the use of the abused substance and the unlawful use ofcontrolled substances for the preceding six months; and

(e)(3)(C) the respondent islikely to continue to abstain from the substance abused and the unlawful use ofcontrolled substances.

(e)(4) Notwithstanding theconduct for which the respondent was disciplined, the respondent has therequisite honesty and integrity to practice law. In readmission cases, therespondent must appear before the Bar's Character and Fitness Committee andcooperate in its investigation of the respondent. A copy of the Character andFitness Committee's report and recommendation shall be provided to the OPC andforwarded to the district court assigned to the petition after the respondentfiles a petition.

(e)(5) The respondent has keptinformed about recent developments in the law and is competent to practice.

(e)(6) In cases of suspensionsfor one year or more, the respondent shall be required to pass the MultistateProfessional Responsibility Examination.

(e)(7) In all cases ofdisbarment, the respondent shall be required to pass the student applicant BarExamination and the Multistate Professional Responsibility Examination.

(e)(8) The respondent has fullyreimbursed the Bar's Lawyers' Fund for Client Protection for any amounts paidon account of the respondent's conduct.

(f) Review of petition. Within60 days after receiving a respondent's petition for reinstatement orreadmission, OPC counsel shall either:

(f)(1) advise the respondentand the district court that OPC counsel will not object to the respondent'sreinstatement or readmission; or

(f)(2) file a written objectionto the petition.

(g) Hearing; report. If anobjection is filed by OPC counsel, the district court, as soon as reasonablypracticable 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 ofdemonstrating 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 orreadmitted. The district court shall enter its findings and order. If noobjection is filed by OPC counsel, the district court shall review the petitionwithout a hearing and enter its findings and order.

(h) Successive petitions.Unless otherwise ordered by the district court, no respondent shall apply forreinstatement or readmission within one year following an adverse judgment upona petition for reinstatement or readmission.

(i) Conditions of reinstatementor readmission. The district court may impose conditions on a respondent'sreinstatement or readmission if the respondent has met the burden of proofjustifying reinstatement or readmission, but the district court reasonablybelieves that further precautions should be taken to ensure that the publicwill be protected upon the respondent's return to practice.

(j) Reciprocal reinstatement orreadmission. If a respondent has been suspended or disbarred solely on thebasis of discipline imposed by another court, another jurisdiction, or aregulatory body having disciplinary jurisdiction, and if the respondent islater reinstated or readmitted by that court, jurisdiction or regulatory body,the respondent may petition for reciprocal reinstatement or readmission inUtah. The respondent shall file with the district court and serve upon OPCcounsel a petition for reciprocal reinstatement or readmission, as the case maybe. The petition shall include a certified or otherwise authenticated copy ofthe order of reinstatement or readmission from the other court, jurisdiction orregulatory body. Within 20 days of service of the petition, OPC counsel mayfile an objection thereto based solely upon substantial proceduralirregularities. If an objection is filed, the district court shall hold ahearing and enter its finding and order. If no objection is filed, the districtcourt shall enter its order based upon the petition.