Rule 14-717. Readmission of Utahattorneys after resignation without discipline, administrative suspension forthree or more years, resignation with discipline, or disbarment.
(a) Requirements of Formerly-AdmittedApplicants. An Applicant for readmission after resignation without disciplineor after an administrative suspension for three or more years bears the burdenof proof to establish that she or he meets all necessary requirements by clearand convincing evidence. To qualify for readmission, a Formerly-AdmittedApplicant must:
(a)(1) apply for admission as anAttorney Applicant in accordance with Rule 14-704, or
(a)(2) provide clear and convincingevidence of the Full-time Active Practice of Law for at least 60 of the 84months immediately preceding the date of application, and demonstrate that sheor he:
(a)(2)(A) has remained in good standingin the jurisdiction(s) where practicing throughout the time in practice;
(a)(2)(B) has paid the prescribed feesand filed the required Complete Application in accordance with Rule 14-707;
(a)(2)(C) is a member in good standingin all jurisdictions where currently admitted;
(a)(2)(D) is of good moral characterand satisfies the requirements of Rule 14-708;
(a)(2)(E) has a proven record ofethical, civil, and professional behavior and has never been disbarred orresigned with discipline pending or their equivalent, in any jurisdiction, andis not currently subject to lawyer discipline or the subject of a pendingdisciplinary matter; and
(a)(2)(F) complies with therequirements of Rule 14-716 concerning licensing and enrollment fees.
(b) Requirements of Disbarred AttorneyApplicants. An Applicant for readmission to the Bar after disbarment orresignation with discipline pending shall satisfy all requirements of thisarticle, including Rules 14-703, 14-707(c), 14-708 and 14-716, and shallsatisfy all other requirements imposed by Rule 14-525, the OPC, and Utahcourts. A report and recommendation shall be filed by the Character and FitnessCommittee in the district court in which the Applicant has filed his or herpetition for readmission. The district court must approve the Applicant'spetition for readmission under Rule 14-525 before an Applicant can be admittedand licensed under Rule 14-716 to practice law.
?(b)(1) A Disbarred Attorney Applicant mustundergo a formal hearing as set forth in Rule 14-708(c). A Disbarred AttorneyApplicant has the burden of proving rehabilitation by clear and convincingevidence. No Disbarred Attorney Applicant may take the Bar Examination prior tobeing approved by the Character and Fitness Committee as provided in Rule14-708(a). In addition to the requirements set forth in this rule and inconjunction with the application, an Applicant under this rule must:
(b)(1)(A) file an application foradmission in accordance with the requirements and deadlines set forth in Rule14-707(c).
(b)(1)(B) providea comprehensive written explanation of the circumstances surrounding her or hisdisbarment or resignation;
(b)(1)(C) provide copies of allrelevant documents including, but not limited to, orders containing findings offact and conclusions of law relating to disbarment or resignation; and
(b)(1)(D) provide a comprehensivewritten account of conduct evidencing rehabilitation. To prove rehabilitation,the Applicant must demonstrate and provide evidence of the following:
(b)(1)(D)(i) strictcompliance with all disciplinary and judicial orders;
(b)(1)(D)(ii) fullrestitution of funds or property where applicable;
(b)(1)(D)(iii) alack of malice toward those who instituted the original proceeding against theApplicant;
(b)(1)(D)(iv) unimpeachablecharacter and moral standing in the community;
(b)(1)(D)(v) acceptanceof responsibility for the conduct leading to the discipline;
(b)(1)(D)(vi) adesire and intent to conduct one's self in an exemplary fashion in the future;
(b)(1)(D)(vii) treatment for andcurrent control of any substance abuse problem and/or psychological condition,if such were factors contributing to the disbarment or resignation; and
(b)(1)(D)(viii) positive action showingrehabilitation by such things as a person's occupation or community or civicservice. Merely showing that the Applicant is now living as and doing thosethings she or he should have done throughout life, although necessary to proverehabilitation, does not prove that the individual has undertaken a useful andconstructive place in society.
Effective September1, 2020.