Rule 15-525. Reinstatement following asuspension of more than six months; relicensure.
(a) Generally. A respondentsuspended for more than six months or a delicensed respondent shall bereinstated or relicensed only upon order of the district court. No respondentmay petition for reinstatement until three months before the period for suspensionhas expired. No respondent may petition for relicensureuntil 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 relicensure at the expiration of fiveyears from the effective date of the interim suspension.
(b) Petition. A petition forreinstatement or relicensure shall be verified, filedwith the district court, and shall specify with particularity the manner inwhich 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
(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 or
(e) Criteria forreinstatement and relicensure. A respondent may bereinstated or relicensed only if the respondent meets each of the followingcriteria, or, if not, presents good and sufficient reason why the respondentshould nevertheless be reinstated or relicensed.
(e)(1) The respondent hasfully complied with the terms and conditions of all prior disciplinary ordersexcept to the extent they are abated by the district court.
(e)(2) The respondent hasnot engaged nor attempted to engage in the unauthorized practice of law duringthe period of suspension or delicensure.
(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 relicensed unless:
(e)(3)(A) therespondent has recovered from the substance abuse as demonstrated by ameaningful and sustained period of successful rehabilitation;
(e)(3)(B) therespondent has abstained from the use of the abused substance and the unlawfuluse of controlled substances for the preceding six months; and
(e)(3)(C) therespondent is likely to continue to abstain from the substance abused and theunlawful use of controlled substances.
(e)(4) Notwithstanding theconduct for which the respondent was disciplined, the respondent has therequisite honesty and integrity to practice law as a licensed paralegalpractitioner. In relicensure cases, the respondentmust appear before the Bar's Character and Fitness Committee and cooperate inits investigation of the respondent. A copy of the Character and FitnessCommittee'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 haskept informed about recent developments in the law and is competent to practiceas a licensed paralegal practitioner.
(e)(6) In cases ofsuspensions for one year or more, the respondent shall be required to pass theLicensed Paralegal Practitioner Professional Responsibility Exam.
(e)(7) In all cases of
(e)(8) The respondent hasfully reimbursed the Bar's Licensed Paralegal Practitioners? Fund for ClientProtection 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
(f)(1) advisethe respondent and the district court that OPC counsel will not object to therespondent's reinstatement or relicensure; or
(f)(2) filea written objection to 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 orrelicensed. 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 relicensure within one yearfollowing an adverse judgment upon a petition for reinstatement or
(i)Conditions of reinstatement or relicensure. Thedistrict court may impose conditions on a respondent's reinstatement or
(j) Reciprocal reinstatementor relicensure. If a respondent has been suspended ordelicensed solely on the basis of discipline imposed by another court, anotherjurisdiction, or a regulatory body having disciplinary jurisdiction, and if therespondent is later reinstated or relicensed by that court, jurisdiction orregulatory body, the respondent may petition for reciprocal reinstatement or
Effective November 1, 2018