§ 89.273. Procedures for reinstatement.

 (a)  General rule. Enforcement Rule 218(c) and (d) provide that:

   (1)  Petitions for reinstatement by formerly admitted attorneys shall be filed with the Board.

   Official Note

   The Board will not treat a petition for reinstatement as properly filed for purposes of commencing the procedures set forth in this section unless and until the petition is accompanied by a completed reinstatement questionnaire as required by §  89.275 (relating to completion of questionnaire by respondent-attorney).

   (2)  Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall file a response thereto with the Board and serve a copy of the formerly admitted attorney. Upon receipt of the response, the Board shall refer the petition and response to a hearing committee appointed by the Office of the Secretary pursuant to §  93.81(c) (relating to hearing committee) in the disciplinary district in which the formerly admitted attorney maintained an office at the time of the disbarment, suspension or transfer to inactive status. If any other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.

   Official Note:

    If Disciplinary Counsel objects to reinstatement of the formerly admitted attorney, the response to the petition for reinstatement should explain in reasonable detail the reasons for the objection.

   (3)  The hearing committee shall promptly schedule a hearing at which:

     (i)   A disbarred or suspended attorney shall have the burden of demonstrating by clear and convincing evidence that such person has the moral qualifications, competency and learning in law required for admission to practice law in this Commonwealth and that the resumption of the practice of law within the Commonwealth by such person will be neither detrimental to the integrity and standing of the bar or the administration of justice nor subversive of the public interest.

     (ii)   A formerly admitted attorney who has been on inactive status shall have the burden of demonstrating that such person has the moral qualifications, competency and learning in the law required for admission to practice in the Commonwealth.

   Official Note

   The requirement that a hearing be scheduled ‘‘promptly’’ means that a hearing should ordinarily be held within 60 days after the petition for reinstatement has been filed with the Board, unless the chairman of the hearing committee extends that time for good cause shown.

   (4)  At conclusion of the hearing, the hearing committee shall promptly file a report containing its findings and recommendations and transmit same, together with the record, to the Board.

   (5)  The Board shall review the report of the hearing committee and the record and shall promptly file its own findings and recommendations, together with the briefs, if any, before the Board, the entire record, and a statement of the Secretary of any expenses taxable under §  93.111 (relating to determination of reimbursable expenses), with the Supreme Court. See §  89.208 (relating to participation by the Board before the Supreme Court).

   (6)  In the event the Board recommends reinstatement and the Supreme Court, after consideration of that recommendation, is of the view that a rule to show cause should be served upon the respondent-attorney why an order denying reinstatement should not be entered, the same shall be issued setting forth the areas of the Court’s concern. A copy of the rule shall be served on Disciplinary Counsel (see §  89.27 (relating to service upon Disciplinary Counsel)). Within 20 days after service of the rule, respondent-attorney, as well as Disciplinary Counsel, may submit to the Supreme Court a response thereto. Unless otherwise ordered, matters arising under Enforcement Rule 218 will be considered without oral argument.

   (7)  A petition for reinstatement to active status from inactive status by a formerly admitted attorney who has not been suspended or disbarred shall be considered by a single senior or experienced hearing committee member who shall perform the functions of a hearing committee under this subsection (a).

   (8)  In all proceedings upon a petition for reinstatement, cross-examination of the respondent-attorney and witnesses of respondent-attorney and the submission of evidence, if any, in opposition to the petition shall be conducted by Disciplinary Counsel.

 (b)  Attorneys suspended for less than one year. Enforcement Rule 218(f) provides that:

   (1)  Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the formerly admitted attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Chapter 91 Subchapter E (relating to formerly admitted attorneys), the Board shall certify such fact to the Supreme Court, which shall immediately enter an order reinstating the formerly admitted attorney to active status, unless such person is subject to another outstanding order of suspension or disbarment.

   (2)  Paragraph (1) of this subsection shall not be applicable and a formerly admitted attorney shall be subject instead to the other provisions of this rule requiring the filing of a petition for reinstatement, if:

     (i)   other formal diciplinary proceedings are then pending or have been authorized against the formerly admitted attorney;

     (ii)   the formerly admitted attorney has been on inactive status for more than three years; or

     (iii)   the order of suspension has been in effect for more than three years.

   (3)  A verified statement may not be filed under paragraph (1) until the formerly admitted attorney has paid in full any costs taxed under §  89.209 (relating to expenses of formal proceedings) and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).

 (c)  Attorneys on inactive status for less than three years. Enforcement Rule 218(g) provides that attorneys who have been on inactive status for three years or less may be reinstated pursuant to §  93.145 (relating to reinstatement) or §  93.146(b) (relating to reactivation) as appropriate. This subsection (c) does not apply to any attorney who has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct.

   The provisions of this §  89.273 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009; amended December 7, 1990, effective December 8, 1990, 20 Pa.B. 6041; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2333; amended February 4, 1994, effective February 5, 1994, 24 Pa.B. 730; amended April 26, 1996, effective immediately, 26 Pa.B. 1984; amended July 13, 2001, effective immediately, 31 Pa.B. 3731; amended April 12, 2002, effective immediately, 32 Pa.B. 1838; amended February 20, 2004, effective February 21, 2004, 34 Pa.B. 948; amended March 11, 2005, effective immediately, 35 Pa.B. 1656. Immediately preceding text appears at serial pages (302918) to (302920).