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Rule 11-591. Reinstatement following a suspension of more than sixmonths; relicensure.

(a) Generally.A Respondent suspended for more than six months or a delicensed Respondent maybe reinstated or relicensed only upon the district court?s order. No Respondentmay petition for reinstatement until three months before the period forsuspension has expired. No Respondent may petition for reinstatement until fiveyears after the effective date of delicensure. A Respondent who has beenplaced on interim suspension and is then delicensed for the same misconductthat was the ground for the interim suspension may petition for reinstatementor relicensure at the expiration of five years from the effectivedate of the interim suspension.

(b) Petition.A petition for reinstatement or relicensure must be verified, filedwith the district court, and must 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 reinstatementor relicensure. With specific reference to paragraph (e)(4), before filinga petition for relicensure, the Respondent must receive a report andrecommendation from the Bar?s Character and Fitness Committee. In addition toreceiving the report and recommendation from the Character and FitnessCommittee, the Respondent must satisfy all other requirements as set forth inChapter 14, Article 7. Before or as part of the Respondent?s petition, theRespondent may request to modify or abate conditions of discipline,reinstatement or relicensure.

(c) Servingthe petition. The Respondent must serve the OPC with a copy of thepetition.

(d) Publishingnotice of petition. When a Respondent files a petition forreinstatement or relicensure, the OPC must:

(1) publish a notice of the petition in the Utah BarJournal, which:

(A) informs Bar members of the application forreinstatement or relicensure, and

(B) requests that any individuals file notice oftheir opposition or concurrence with the district court within 28 days of thedate of publication; and

(2) send a notice to the Complainant?s last known addressaccording to OPC records, to each Complainant in the disciplinary proceedingthat led to the Respondent?s suspension or delicensure informing suchComplainant that:

(A) the Respondent is applying for reinstatementor relicensure, and

(B) the Complainant has 28 days from the mailingdate to object to or support the Respondent?s petition.

(e) Criteriafor reinstatement and relicensure. A Respondent may be reinstated orrelicensed only if the Respondent meets each of the following criteria, or, ifnot, presents good and sufficient reason why the Respondent should neverthelessbe reinstated or relicensed.

(1) The Respondent has fully complied with the terms andconditions of all prior disciplinary orders except to the extent such ordersare abated by the district court.

(2) The Respondent has not engaged nor attempted to engagein the unauthorized practice of law during the period of suspension or delicensure.

(3) If the Respondent was suffering from a physical ormental disability or impairment which was a causative factor of theRespondent?s misconduct, including substance abuse, the disability orimpairment has been removed. Where substance abuse was a causative factor inthe Respondent?s misconduct, the Respondent may not be reinstated or relicensedunless the Respondent:

(A) has recovered from the substance abuse asdemonstrated by a meaningful and sustained period of successful rehabilitation;

(B) has abstained from the use of the abusedsubstance and the unlawful use of controlled substances for the preceding sixmonths; and

(C) is likely to continue to abstain from the substanceabused and the unlawful use of controlled substances.

(4) Notwithstanding the conduct for which the Respondentwas disciplined, the Respondent has the requisite honesty, integrity, andfitness to practice law. In relicensure cases, the Respondent mustappear before the Bar?s Character and Fitness Committee and cooperate in itsinvestigation of the Respondent. A copy of the Character and FitnessCommittee?s report and recommendation will be provided to the OPC and forwardedto the district court assigned to the petition after the Respondent files apetition.

(A) Factors considered in determining honesty,integrity, and fitness for reinstatement or relicensure. The courtmust determine whether the Lawyer seeking reinstatementor relicensure has demonstrated the requisite honesty, integrity, andfitness to practice law. The court may consider the Respondent?s actions takenduring the suspension or delicensure including:

(i) lack of candor;

(ii) unlawful conduct;

(iii) false or misleading statements oromissions;

(iv) acts involving dishonesty, fraud, deceit, or misrepresentation;

(v) abuse of the legal process;

(vi) neglecting financial responsibilities;

(vii) violating court order;

(viii) evidence of mental or emotionalinstability; and

(ix) evidence of drug or alcohol dependency;

(B) Assigning weight and significance to conduct.In determining honesty, integrity, and fitness to practice law, the court mayuse the following factors to assign weight and significance to prior conduct:

(i) how recent the conductoccurred;

(ii) seriousness of theconduct;

(iii) cumulative effect ofthe conduct;

(iv) evidence ofrehabilitation; and

(v) positive socialcontributions while suspended.

(5) The Respondent has kept informed about recentdevelopments in the law by engaging in legal education and is competent topractice.

(6) In cases of suspensions for one year or more, aRespondent lawyer will be required to retake and pass the MultistateProfessional Responsibility Examination, and Respondent licensed paralegalpractitioners must pass the Licensed Paralegal Practitioner ProfessionalResponsibility Exam.

(7) In all cases of delicensure, a Respondent lawyerwill be required to pass the student applicant Bar Examination and theMultistate Professional Responsibility Examination, and Respondent licensedparalegal practitioners must pass the student applicant Licensed ParalegalPractitioner Licensing Exam.

(8) The Respondent has fully reimbursed the Bar?s Lawyers?Fund for Client Protection or Licensed Paralegal Practitioners? Fund for ClientProtection for any amounts paid on account of the Respondent?s conduct.

(f) Reviewof petition. Within 60 days of receiving a Respondent?s petition forreinstatement or relicensure, the OPC must either:

(1) advise the Respondent and district courtthat the OPC will not object to the Respondent?s reinstatementor relicensure; or

(2) object in writing to the petition.

(g) Hearing;report. If the OPC objects, the district court, as soon as reasonablypracticable and within a target date of 90 days of the filing of the petition,will conduct a hearing at which the Respondent will 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 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) Successivepetitions. Unless the district court orders otherwise, no Respondent mayapply for reinstatement or relicensure within one year following anadverse judgment upon a petition for reinstatement or relicensure.

(i) Conditionsof reinstatement or relicensure. The district court may imposeconditions on a Respondent?s reinstatement or relicensure if theRespondent has met the burden of proof justifying reinstatementor relicensure, but the district court reasonably believes that furtherprecautions should be taken to ensure that the public will be protected whenthe Respondent returns to practice.

(j) Reciprocalreinstatement or relicensure. If a Respondent has been suspended ordelicensed solely because 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 reinstatementor relicensure in Utah. The Respondent must file with the districtcourt and serve the OPC with a petition for reciprocal reinstatementor relicensure. The petition must include a certified or otherwiseauthenticated copy of the order of reinstatement or relicensure fromthe other court, jurisdiction, or regulatory body. Within 21 days of receivingthe petition, 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 December31, 2021