Rule 9. Conditional Admission/License

Effective Date: 8/1/2004

A.The Board may, in light of an applicant's physical or mental disability, present or past use or abuse of drugs or alcohol, neglect of financial responsibilities, or other circumstances in which the Board determines the protection of the public requires it, recommend admission or licensure to the bar conditional upon the applicant's compliance with relevant conditions prescribed by the Board.

B.The Board may recommend specific conditions of admission or licensure, including, but not limited to, requiring alcohol or drug treatment, medical care, psychological or psychiatric care, professional office practice or management counseling, practice supervision, participation in the lawyer assistance program, and/or professional audits or reports. The Board may recommend persons to supervise the applicant and may recommend that cooperation with such supervisors be a condition. All costs related to any condition are the responsibility of the applicant. The Board shall recommend a specific duration for the conditions.

C. If the applicant is granted conditional admission or licensure by the Court, the terms and conditions of the applicant's admission or licensure shall be administered and monitored by the Board. During the period of conditional admission or licensure, the Board shall be notified of any disciplinary proceedings and shall have access to all information relating to any disciplinary complaint filed against the applicant.

D.At the end of the specified period, the Board shall file a report with the Court and recommend entry of an order lifting the conditional admission or licensure and allowing the applicant to practice law without restrictions, continuing the conditions, or amending the conditions.

E.If the applicant violates any conditions of admission or licensure, the Board is authorized to institute proceedings for revocation of the conditional admission or license under Rule 11 or 12 and shall notify the applicant and the disciplinary authority of its intent. The applicant's notice shall be by certified mail directed to the applicant at the last known address of the applicant.

F.The fact an individual is conditionally admitted is a matter of public record. All other information relating to conditional admission or licensure of an applicant shall remain confidential unless otherwise ordered by the Court.

G. Nothing in these rules diminishes the authority of the Disciplinary Board of the Supreme Court to address violations of the North Dakota Rules of Professional Conduct by an applicant. However, the Board shall have the responsibility for administering, monitoring and recommending appropriate action for noncompliance with any conditions.

[Adopted effective March 1,1999; Amended effective August 1, 2001.]

Effective Date Obsolete Date
08/01/2004 View
08/09/1999 08/01/2001 View
03/01/1999 08/09/1999 View