(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.
(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.
(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.