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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 217
Rules Relating to Discipline of Attorneys

VOLUNTARY SURRENDER OF LICENSE

(a) Voluntary Surrender Procedure. An attorney may voluntarily surrender the
attorney’s license to practice law. In order to surrender the attorney’s license to
practice law, the attorney must:

(1) provide a written request to surrender the attorney’s license to the clerk of
the appellate courts, on a form provided by the disciplinary administrator or
the clerk of the appellate courts;

(2) provide a copy of the written request to surrender the attorney’s license to
the disciplinary administrator; and

(3) return the attorney’s certificate of admission to the bar and the attorney’s
current bar registration card to the clerk of the appellate courts or, if
unavailable, explain why the documents cannot be produced.

(b) Voluntary Surrender of License When Attorney is Under Investigation for
Attorney Misconduct or When Investigation is Anticipated.

(1) Voluntary Surrender. If an attorney voluntarily surrenders the attorney’s
license to practice law when the attorney is under investigation for attorney
misconduct or if an investigation is anticipated for attorney misconduct:

(A) the Supreme Court will enter an order disbarring the attorney;

(B) the clerk of the appellate courts will strike the attorney’s name from
the roll of attorneys; and

(C) pending disciplinary proceedings will terminate, although the
disciplinary administrator may direct the investigator to complete the
investigation in order to preserve evidence.

(2) Reinstatement. If an attorney who has voluntarily surrendered the
attorney’s license to practice law under paragraph (1) seeks reinstatement,
the attorney must demonstrate compliance with Rules 218 and 219.

(c) Voluntary Surrender of License When Attorney is Not Under Investigation
for Misconduct and Investigation is Not Anticipated.

(1) Voluntary Surrender. If an attorney voluntarily surrenders the attorney’s
license to practice law when the attorney is not under investigation for
attorney misconduct and an investigation is not anticipated, the attorney’s
name is stricken from the roll of attorneys. The attorney must be in good
standing at the time of surrender.

(2) Reinstatement. If an attorney who has voluntarily surrendered the
attorney’s license to practice law under paragraph (1) seeks reinstatement:

(A) The attorney must:

(i) demonstrate compliance with Rule 218;

(ii) file a written request for reinstatement and pay the active
attorney registration fee for each year since the voluntary
surrender; and

(iii) pay the current continuing legal education fee and complete
the continuing legal education hours for each year since the
voluntary surrender.

(B) The Supreme Court may:

(i) require the attorney to appear before a hearing panel of the
board for a reinstatement hearing under Rule 219; and/or

(ii) require the attorney to demonstrate compliance with other
terms and conditions for reinstatement.

(3) Subsequent Discovery of Attorney Misconduct. If an attorney
voluntarily surrenders the attorney’s license to practice law under paragraph
(1), but is later the subject of an investigation for attorney misconduct
which occurred while the attorney was licensed to practice law, the
disciplinary administrator, the board, and the Supreme Court retain
jurisdiction to investigate, prosecute, and hear the attorney disciplinary
case. The voluntary surrender under paragraph (1) does not limit the
Supreme Court’s jurisdiction to impose discipline under Rule 203.

[History: Previously Rule 218, Am. effective January 8, 1979; Am. effective July 27,
1981; Am. effective March 1, 1988; Restyled rule and amended effective December 1, 2012.]

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