Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon: Reinstatement

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	5.28
Subject:	Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon	Publication / Adopted Date:	June 20, 1995
Topic:	Reinstatement	Revised / Effective Date:	January 1, 2023

5.28 Reinstatement

(a) Petitioners Must Use Disciplinary Form A. A person:

(1) Who is disbarred; or

(2) Whose license to practice law is suspended, except a suspension for less than three years for either failure to pay the annual enrollment fee or failure to comply with Rule

, may seek reinstatement of the person's license upon the filing of a petition in this Court pursuant to this Rule

5.28

. The petition for reinstatement to practice law shall be substantially in the form as set forth in Disciplinary Form A appended hereto.

(b) Pleading Requirements. A petition for reinstatement shall include specific averments showing that:

(1) The cause for suspension or disbarment has abated;

(2) All persons injured as a result of the conduct that resulted in the loss of the privilege to practice law have received restitution, their claims have been discharged by operation of law, or the injured persons have been notified at least 10 days but not more than 90 days in advance of the filing of the petition for reinstatement;

(3) All special conditions for reinstatement required by this Court at the time the privilege to practice law was lost have been accomplished; and

(4) The person has taken within the two years immediately preceding filing of the petition the multistate professional responsibility examination and scored a grade at least equal to that established by the Board of Law Examiners as passing at the time the examination was taken.

(1) indefinitely with leave to reapply in a period of six months or less and is not on probation under Rule

5.175

; or

(2) under Rule

5.245

for three years or less, then his or her license shall be reinstated as a matter of course 45 days after the petition for reinstatement is referred to the Chief Disciplinary Counsel for report and recommendation. If within this 45-day period the Chief Disciplinary Counsel files a motion to respond to the petition for reinstatement, the license shall not issue and the matter shall proceed as otherwise provided in this Rule 5.28(k). A person automatically suspended under Rule

5.245

for three years or less who is reinstated under this Rule 5.28(c) is retroactively reinstated if the person is then in compliance with Rules

6.01

and

(d) MCLE Requirements. A person whose license has been suspended less than three years as of the filing date of the petition for reinstatement shall include specific averments that within one year prior to the date of filing the petition for reinstatement the person has completed at least 15 hours of continuing legal education credit, including at least three hours of ethics credit, one of which must be on the elimination of bias. A person whose license has been suspended three years or more as of the filing date of the petition for reinstatement shall include specific averments that within two years prior to the date of filing the petition for reinstatement the person has completed at least 30 hours of continuing legal education credit, including at least six hours of ethics credit, two of which must be on the elimination of bias.

(e) Bar Examination Requirements for Disbarred Persons. A person who has been disbarred and is seeking reinstatement shall include specific averments that within one year prior to the date of filing the petition for reinstatement the person has taken the bar examination prescribed by Rule 8.08 and has attained a passing score.

(f) Limited Exceptions for MCLE and MPRE Requirements. The provisions of Rules 5.28(b)(4) and 5.28(d) do not apply to a person filing a petition for reinstatement because the person's license was suspended for more than three years solely for failure to comply with Rule 15 or failure to pay the annual enrollment fee. The provisions of Rule 5.28(b)(4) do not apply to a person filing a petition for reinstatement within six months of a suspension under Rule 5.245 if the petition contains a statement that the cause of suspension under Rule 5.245 has been resolved and the department of revenue confirms that statement.

(g) No Petition Shall Be Considered Unless Good Cause Shown. Except for good cause shown, no petition for reinstatement shall be considered for a person who is:

(1) Suspended, except a person suspended under Rule

5.245

, until after six months of the date discipline is imposed unless the Court provides by order for a longer time;

(2) Disbarred until after five years of the date discipline is imposed; or

(3) Notwithstanding Rule 5.28(g)(2), disbarred because the person has pleaded guilty or nolo contendere to or been found guilty of any felony of the United States, this state, any other state or any United States territory, whether sentence is imposed or not, until the date of successful completion of any period of confinement, and any subsequent or alternate period of probation or parole, as a result of the conviction, plea, or finding of guilt.

(h) Mental Health Considerations in Reinstatement Cases. If:

(1) the person seeking reinstatement has claimed or claims that a physical or mental condition caused or had a direct and substantial relationship to the professional misconduct resulting in a suspension or disbarment; or

(2) the person was suspended under Rule

5.23

, the following provisions apply:

The person's current ability to manage a mental disorder shall not be considered in a reinstatement proceeding unless an independent, licensed mental health professional mutually agreed upon by the person and the Chief Disciplinary Counsel provides evidence that the mental disorder caused or had a direct and substantial relationship to the professional misconduct. The person seeking reinstatement shall bear the burden of proving the causal relationship and current ability to manage the mental disorder. All costs of the independent licensed mental health professional in a reinstatement proceeding shall be paid by the person seeking reinstatement.

The factors noted in Rule 5.285(e) and (f) shall be considered in determining whether a person should be reinstated, and whether the person shall be reinstated with or without probation.

(i) Reinstatement Fees and Previous Costs. When a person who has been disbarred or suspended petitions for reinstatement, except petitions following suspensions for less than three years made as a matter of course under Rule 6.01(f), Rule 15.06(f), and Rule 5.28(c)(2), the petition shall be accompanied by a $1,000 reinstatement fee. The amount paid shall be deposited to the credit of the Advisory Committee Fund. No report or hearing shall be had on any petition for reinstatement until the required fee is paid. The reinstatement fee is in addition to any unpaid disciplinary costs assessed under Rule 5.19(k).

(j) Burden and Factors. The person must establish, by clear and convincing evidence, that the person is of good moral character, is fit to practice law, and the best interest of the public will be served by reinstatement of the person's license to practice law. Factors to consider in determining whether the person has met this burden include the following:

(1) The person's acceptance of responsibility for wrongdoing with sincerity and honesty and a lack of malice toward those who brought evidence against the person;

(2) The extent of the person's rehabilitation, as demonstrated by good current reputation for character and moral standing in the community;

(3) The nature and severity of the misconduct leading to discipline;

(4) The person's conduct since discipline, including strict compliance with the specific conditions of any disciplinary, judicial, administrative, or other order, when applicable;

(5) The time elapsed since discipline;

(6) Other instances of dishonesty, criminal behavior, professional discipline, unauthorized practice of law, academic and employment misconduct, financial irresponsibility, or involvement in or neglect of legal and professional matters;

(7) The cumulative effect of all misconduct;

(8) The person's current competency and qualifications to practice law;

(9) Restitution;

(10) Candor in the discipline and reinstatement processes; and

(11) Positive social contributions since the misconduct.

(k) Report, Response, and Recommendation. Petitions for reinstatement shall be referred to the Chief Disciplinary Counsel for a character and fitness investigation of the petitioner, a report, and a recommendation. The Chief Disciplinary Counsel may contract with the Board of Law Examiners for that agency to conduct a character and fitness investigation and to provide its investigative documentation and information generated to the Chief Disciplinary Counsel for its review in connection with the report and recommendation. The Chief Disciplinary Counsel shall serve the report on the petitioner for reinstatement as provided in Rule 5.125. The petitioner may file a written response to the report with the Chief Disciplinary Counsel within 15 days of the date of the mailing of the report.

The report, recommendation, and response, if any, shall be filed by the Chief Disciplinary Counsel with this Court upon receipt of the response or the expiration of the time for making a response. The Court shall make a determination whether to reinstate the petitioner's license on the basis of the petition, report, recommendation, and response. Probation may be imposed by the Court as a condition of reinstatement after suspension or disbarment pursuant to Rule 5.175(h).

When the Court denies a reinstatement petition, it may state a period of time before which another petition will be considered. It may also provide guidance to the petitioner as to particular concerns or conditions that the petitioner should address before submitting another petition for reinstatement.

(l) Hearings in Certain Reinstatement Cases. In lieu of reinstating the petitioner's license, the Court may direct the Advisory Committee to appoint a disciplinary hearing panel to conduct a hearing regarding issues raised in the reinstatement proceeding. The hearing shall be conducted as provided in Rule 5.14. The panel shall file a report with this Court. The report shall determine all matters in dispute and make a recommendation as to whether the petitioner's license should be reinstated.

DISCIPLINARY FORM A

PETITION FOR REINSTATEMENT
TO PRACTICE LAW PURSUANT TO RULE 5.28

Instructions:

A. This petition is to be filed with the Clerk of the Supreme Court of Missouri by persons seeking reinstatement to practice law under Rule 5.28.

B. Petitions are continuing. Petitioners must provide new and updated responses to any question at any point while the petition is pending.

C. Petitions will be referred to the Chief Disciplinary Counsel for investigation. An additional questionnaire requiring further documentation will be provided at that time.

D. Petitioners should keep a copy of the completed petition.

PERSONAL INFORMATION

FULL NAME: ________________________________________

MISSOURI BAR NUMBER: _________________

CONTACT INFORMATION

HOME OR OFFICE PHONE: ______________ CELL PHONE:______________

EMAIL ADDRESS: __________________________

STREET ADDRESS LINE 1: _______________________________________________

STREET ADDRESS LINE 2: _______________________________________________

P.O. BOX: ____________________________

CITY: ________________________________

STATE: ______________________________

ZIP/POSTAL CODE: ___________________

COUNTRY: __________________________

THRESHOLD REQUIREMENTS FOR REINSTATEMENT UNDER RULE 5.28 (CHECK THE APPROPRIATE RESPONSES)

YES

NO 1. I have paid the filing fee and reinstatement fee, required by Rule 5.28, to the Clerk of the Supreme Court of Missouri.

YES NO 2. The minimum time period to apply for reinstatement set forth in the order of suspension or in Rule 5.28 for disbarment has passed.

YES NO 3. I have attached copies of all suspension or disbarment orders entered by this Court against me as EXHIBIT A.

YES NO 4. I believe that the cause for my suspension or disbarment has abated.

YES NO 5. I have paid restitution to all persons injured as a result of the conduct that led to my suspension or disbarment, their claims have been discharged by operation of law, or I have notified the injured persons of my intent to file this petition at least 10 days but not more than 90 days before the date of this petition. PROOF OF COMPLIANCE WITH THIS SECTION IS ATTACHED AS EXHIBIT B.

YES NO 6. I have complied with all requirements established by the order suspending my license or disbarring me and by the requirements contained in Rules 5.27 and 5.28(b)(3).

YES NO 7. I have attached proof that I have passed the multistate professional
N/A responsibility examination within two years of the date of this petition. PROOF OF COMPLIANCE WITH THIS SECTION IS ATTACHED AS EXHIBIT C. (Petitioners suspended solely under Rule 5.245 who have submitted their petition within six months (and have attached proof from the Department of Revenue that the cause of suspension has been resolved) and petitioners suspended solely under Rule 15.06 or Rule 6.01(f) should check: "N/A" per Rule 5.28(f)).

YES NO 8. If I was disbarred, I have attached proof that I have passed the bar examination prescribed by Rule 8.08 within one year of the date of this petition. PROOF OF COMPLIANCE WITH THIS SECTION IS ATTACHED AS EXHIBIT D.

YES NO 9. I have attached proof, provided by The Missouri Bar, that I have
N/A met the continuing legal education requirements established for reinstatement petitioners in Rule 5.28(d). PROOF OF COMPLIANCE WITH THIS SECTION IS ATTACHED AS EXHIBIT E. (Petitioners suspended solely for either MCLE non-compliance or failure to pay fees should check: "N/A" per Rule 5.28(f)).

10(A). Check here if you have pleaded guilty, nolo contendere, or been convicted of any felony, whether sentence was imposed or not. If checked, list any such cases (including the case caption, court, and case number).

If checked, then respond to threshold requirement 10(B). If not checked, skip to threshold requirement 11.

YES

NO 10(B). I have attached proof that I successfully completed any period of confinement and any subsequent period of probation or parole occurring as a result of the conviction, plea, or finding of guilt. PROOF OF COMPLIANCE WITH THIS SECTION IS ATTACHED AS EXHIBIT F.

YES NO 11. I understand that I carry the burden to establish, by clear and convincing evidence, that I have good moral character and that the best interest of the public will be served by my reinstatement to practice law.

YES NO 12. I understand that my petition will be referred to the Chief Disciplinary Counsel for investigation and may be referred to the Board of Law Examiners for a character and fitness investigation. I will cooperate with any investigation and will timely provide additional documentation as required by the Chief Disciplinary Counsel and the Board of Law Examiners.

YES NO 13. I affirm that the above is true.

STOP: IF YOU HAVE NOT COMPLETED THE PETITION OR IF YOU ANSWERED "NO" TO ANY OF THE ABOVE THRESHOLD REQUIREMENTS, THEN YOU ARE NOT ELIGIBLE TO BE REINSTATED AT THIS TIME. IN SUCH EVENT, THIS PETITION WILL BE SUBJECT TO DISMISSAL ON A MOTION BY THE CHIEF DISCIPLINARY COUNSEL.

SIGNATURE: ___________________________________

PRINTED NAME: _______________________________

DATE: _______________

(Adopted June 20, 1995, effective January 1, 1996. Amended May 14, 1999, effective January 1, 2000; Amended March 30, 2004, effective April 1, 2004; Amended March 1, 2006, effective April 3, 2006; Amended November 21, 2006, effective January 1, 2007; Amended October 25, 2007, effective January 1, 2008; effective December 22, 2009; Amendment June 27, 2011, effective July 1, 2011; effective June 27, 2017; effective August 4, 2017; effective June 2, 2020; Amended May 31, 2022, effective January 1, 2023. )