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Clerk of the Appellate Courts
Kansas Judicial Center
301 SW 10th Avenue, Room 374
Topeka Kansas 66612-1507
Telephone:  785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org


Rules Adopted by the Supreme Court

Rules Relating to Discipline of Attorneys

Rule 219
Rules Relating to Discipline of Attorneys

REINSTATEMENT

(a) Eligibility.

(1) Disbarment. An attorney disbarred by the Supreme Court is not eligible to
petition for reinstatement for a minimum of 5 years from the date of
disbarment.

(2) Indefinite Suspension. An attorney indefinitely suspended by the
Supreme Court is not eligible to petition for reinstatement for a minimum
of 3 years from the date of suspension.

(3) Definite Suspension. An attorney suspended by the Supreme Court for a
definite period of time is not eligible to petition for reinstatement until the
defined period of suspension has passed.

(b) Verified Petition for Reinstatement. After providing an affidavit to the
disciplinary administrator and the clerk of the appellate courts that the attorney has
provided the notice required by Rule 218(b) and after the period of time
designated in subsection (a) has passed, an attorney seeking reinstatement must
file a verified petition for reinstatement.

(1) The attorney must file an original and eight copies of the verified petition
with the clerk of the appellate courts, with the case number and caption
appearing in the Supreme Court’s order.

(2) The attorney must pay a reinstatement filing fee of $1,250 to the clerk of
the appellate courts at the time the verified petition for reinstatement is
filed. The funds will be deposited by the clerk in the bar disciplinary fee
fund.

(3) The petition must set forth facts establishing that the attorney is entitled to
be reinstated to the practice of law.

(4) The attorney must provide the disciplinary administrator with an affidavit
and any other appropriate evidence that the attorney has fully complied
with the orders and conditions for reinstatement in the Supreme Court’s
order or opinion including payment of any court-ordered costs. (c) Reinstatement Hearing Not Specified.

(1) Reinstatement. If the Supreme Court suspends an attorney for a definite
period of time and does not specify that the attorney is required to undergo
a reinstatement hearing, the Supreme Court will reinstate the attorney if:

(A) the attorney has fully complied with subsection (b); and

(B) the disciplinary administrator certifies that the attorney has fully
complied with all orders and conditions in the Supreme Court’s
order of suspension.

(2) Hearing. If the Supreme Court suspends an attorney for a definite period
of time and does not specify that the attorney is required to undergo a
reinstatement hearing and the disciplinary administrator determines that the
attorney has not fully complied with the orders and conditions for
reinstatement in the Supreme Court’s order of suspension, the disciplinary
administrator will file a motion for a reinstatement hearing.

(d) Reinstatement Hearing Required.

(1) Supreme Court’s Duty. When the Supreme Court disbars an attorney,
indefinitely suspends an attorney, or suspends an attorney and specifies that
the attorney is required to undergo a reinstatement hearing, the Supreme
Court will determine if sufficient time has elapsed since the date of
suspension or disbarment – considering the gravity of the misconduct
leading to suspension or disbarment – to justify reconsideration of its prior
order of suspension or disbarment.

(A) Insufficient Time. If the Supreme Court finds that sufficient time
has not elapsed to justify reconsideration of its prior order of
suspension or disbarment, the Supreme Court will dismiss the
petition for reinstatement.

(B) Sufficient Time. If the Supreme Court finds that sufficient time has
elapsed to justify reconsideration of its prior order of suspension or
disbarment, the Supreme Court will issue an order directing the
disciplinary administrator to conduct an investigation of the facts
alleged in the petition for reinstatement and of the attorney’s conduct
since the discipline was imposed by the Supreme Court.(2) Disciplinary Administrator’s Duty. The disciplinary administrator will
conduct an investigation of the attorney’s conduct since the order of
disbarment or suspension if:

(A) the Supreme Court determines that sufficient time has elapsed to
reconsider its prior order of suspension or disbarment; or

(B) the disciplinary administrator determines that the attorney has not
fully complied with the orders and conditions for reinstatement in
the Supreme Court’s order of suspension and the Supreme Court
orders the attorney to undergo a reinstatement hearing.

(3) Hearing Panel. After the disciplinary administrator’s investigation, the
chairman of the Kansas Board for Discipline of Attorneys will appoint a
hearing panel to conduct a hearing on the attorney’s verified petition for
reinstatement. The hearing panel will schedule the reinstatement hearing.

(4) Factors to Consider. At the reinstatement hearing, the attorney must
establish, by clear and convincing evidence, the following factors:

(A) the attorney is currently morally fit;

(B) the attorney has demonstrated consciousness of the wrongful
conduct and the disrepute that the conduct has brought the
profession;

(C) the attorney has been rehabilitated;

(D) the seriousness of the misconduct leading to suspension or
disbarment does not preclude reinstatement;

(E) the attorney’s conduct since the discipline was imposed by the
Supreme Court favors reinstatement;

(F) sufficient time has elapsed since the original discipline;

(G) the attorney presently possesses the necessary legal skills;

(H) the attorney has fully complied with the prior orders of the Supreme
Court;

(I) the attorney has not engaged in the unauthorized practice of law;(J) the attorney has received adequate treatment and/or rehabilitation for
any substance abuse, infirmity, or problem; and

(K) the attorney has resolved or attempted to resolve any other
complaints against the attorney.

(e) Procedure After Entry of a Final Hearing Report.

(1) Hearing Panel’s Duty. After the hearing on the attorney’s verified petition
for reinstatement, the hearing panel must weigh the evidence presented by
the parties and determine whether the attorney has established, by clear and
convincing evidence, that the attorney is entitled to reinstatement of the
attorney’s license to practice law. The hearing panel will prepare a final
hearing report setting forth the findings of fact, conclusions of law, and a
recommendation to the Supreme Court concerning reinstatement. After a
hearing panel has entered a final hearing report, the hearing panel will
provide the original final hearing report to the disciplinary administrator.

(2) Disciplinary Administrator’s Duties. After receiving the final hearing
report, the Disciplinary Administrator will:

(A) provide a copy of the report to the attorney or the attorney’s counsel;

(B) prepare the record for the Supreme Court;

(C) prepare a table of contents to the record; and

(D) file 15 copies of the final hearing report and the original record with
the Supreme Court.

(3) Reinstatement Recommended. If the hearing panel recommends that the
attorney’s verified petition for reinstatement be granted, the matter will
stand submitted for the Supreme Court’s consideration.

(4) Reinstatement Not Recommended. If the hearing panel recommends that
the attorney’s verified petition for reinstatement be denied, the attorney will
have 21 days from the date of mailing of the final hearing report to file
exceptions with the clerk of the appellate courts. After the clerk of the
appellate courts receives the exceptions, the matter will stand submitted for
the Supreme Court's consideration. Neither briefs nor oral argument will be
permitted unless requested by the Supreme Court. (f) Conditions for Reinstatement or Limitations on Practice. The Supreme Court
may impose appropriate conditions for reinstatement or limitations on the
attorney’s practice upon reinstatement. Additionally, the Supreme Court may
order that the attorney’s practice be supervised for a period of time.
(g) Costs. The disciplinary administrator will certify to the Supreme Court the costs
incurred in connection with the reinstatement investigation and proceedings. The
hearing panel may recommend and the Supreme Court may assess the costs
against the attorney. All assessed costs must be paid to the clerk of the appellate
courts for deposit in the bar disciplinary fee fund.


[History: Previously Rule 220, Am. effective January 8, 1979; Am. promulgated November 22, 1983, effective January 12, 1984; Am. effective March 1, 1988; Am. effective July 23, 2008; Restyled rule and amended effective December 1, 2012.]

See also: Rule 1001 - Electronic and Photographic Media Coverage of Judicial Proceedings