RULE 5.2. RETURN TO ACTIVE STATUS.

Effective Date: 7/1/1999

A. Reinstatement. A lawyer transferred to disability inactive status or incapacitated status may not resume active status except by order of the court. Any lawyer transferred to disability inactive or incapacitated status is entitled to petition for transfer to active status once a year, or at whatever shorter intervals the court may direct. The court must grant the petition upon a showing by clear and convincing evidence that the disability has been removed and that the lawyer is qualified to practice law.

B. Hearing. Upon the filing of a petition for transfer to active status, the court may take or direct whatever action it deems necessary or proper to determine whether the disability has been removed, including a reference to a hearing panel for hearing and recommendation. An examination of the lawyer by qualified medical experts designated by the court or hearing panel may be required. In its discretion, the court or hearing panel may direct that the expense of the examination be paid by the lawyer.

C. Re-examination. The court may also direct that the lawyer establish proof of competence and learning in law, which proof may include certification by the bar examiners of the successful completion of an examination for admission to practice.

D. Pending Matters. If the court determines to grant reinstatement, it shall provide that the return to active status is not effective until the conclusion of any otherwise pending disciplinary or disability proceedings against the lawyer, including any proceedings held in abeyance during the disability.

E. Restoration. If a lawyer transferred to disability inactive status on the basis of a judicial determination of incapacity is thereafter judicially declared to be competent, the court may dispense with the requirement of further evidence that the disability has been removed and may immediately direct reinstatement to active status upon terms deemed proper and advisable.

F. Waiver of Privilege. The filing of a petition for reinstatement to active status by a lawyer transferred to disability inactive or incapacitated status is a waiver of the doctor-patient privilege with respect to any examination or treatment of the lawyer during the period of disability. The lawyer shall disclose the name and address of each psychiatrist, psychologist, physician, or other professional health care provider, and any hospital or other institution, by whom or in which the lawyer has been examined or treated since transfer to disability inactive or incapacitated status. The lawyer shall furnish to the court written consent to each such examining or treating professional or institution to furnish all information and records relating to the disability if requested by the court or court-appointed medical experts.

[Amended effective July 1, 1999. Adopted effective January 1, 1995.]

Effective Date Obsolete Date
07/01/1999 View
01/01/1995 07/01/1999 View