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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 220
Rules Relating to Discipline of Attorneys

Proceedings Where an Attorney is Declared or is Alleged to be Incapacitated

(a) Where an attorney has been judicially declared incapacitated or involuntarily committed on the grounds of incapacity or disability, the Supreme Court, upon proper proof of the fact, shall enter an order transferring such attorney to disability inactive status effective immediately and until the further order of the Court. A copy of such order shall be served upon such attorney, his guardian, and the director of any institution to which he is committed in such manner as the Court may direct.

If the Court deems it necessary, counsel will be appointed to protect the attorney's clients pursuant to Rule 221.

Any disciplinary proceeding which may be pending against the attorney shall be stayed while he or she is on disability inactive status.

No attorney transferred to disability inactive status may engage in the practice of law until restored to active status by order of the Court.

(b) When the Board or the Disciplinary Administrator petitions the Supreme Court to determine whether an attorney is incapacitated from continuing the practice of law by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, the Court may take or direct such action as it deems necessary or proper to determine whether the attorney is so incapacitated, including the examination of the attorney by such qualified medical experts as the Court shall designate. If, upon due consideration, the Court concludes the attorney is incapacitated from continuing to practice law, it shall enter an order transferring said attorney to disability inactive status on the ground of such disability for an indefinite period and until the further order of the Court. Any pending disciplinary proceedings against the attorney shall be held in abeyance.

The Supreme Court shall provide for notice to the respondent of such proceedings as it deems proper and advisable and may appoint an attorney to represent the respondent if he is without adequate representation.

The costs of the medical examinations provided for in this subsection and the witness fees of the physician if called to testify may be paid from the disciplinary fee fund and charged as costs in the action.

For the purpose of this subsection, every person licensed to practice law in this state by so practicing or by the making and filing of an annual registration to practice law in this state shall be deemed to have consented to submit to a mental or physical examination when directed by the Supreme Court and further to have waived all objections to the admissibility of the testimony or examination report of the person conducting such examination at any proceeding or hearing before or at the direction of the Supreme Court.

(c) If, during the course of a disciplinary proceeding, the respondent contends he is suffering from a disability by reason of mental or physical infirmity or illness, or because of addiction to drugs or intoxicants, which makes it impossible for him to adequately defend himself, the Supreme Court shall thereupon enter an order immediately transferring the respondent to disability inactive status until a determination is made of the respondent's capacity to continue to practice law in a proceeding instituted in accordance with the provisions of subsection (b) above.

If the Supreme Court shall at any time determine the respondent is not incapacitated from practicing law, it shall take such action as it deems proper and advisable, including a direction for the resumption of the disciplinary proceeding against the respondent.

(d) The Clerk of the Appellate Courts shall promptly transmit a certified copy of the order of transfer to disability inactive status to the administrative judge of the judicial district in which the disabled attorney maintained his practice and shall request such action under the provisions of Rule 221 as may be indicated in order to protect the interests of the disabled attorney and his clients.

(e) No attorney transferred to disability inactive status under the provisions of this rule may resume active status until reinstated by order of the Supreme Court. Any attorney transferred to disability inactive status under the provisions of this rule shall be entitled to petition for reinstatement to active status once a year or at such shorter intervals as the Supreme Court may direct in the order transferring the respondent to disability inactive status or any modification thereof. Such petition shall be granted by the Court upon a showing by clear and convincing evidence that the attorney's disability has been removed and the attorney is fit to resume the practice of law. Upon receipt of the petition, the Court may take or direct such action as it deems necessary or proper to a determination of whether the attorney's disability has been removed, including a direction for an examination of the attorney by such qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the expense of such an examination shall be paid by the attorney or from the disciplinary fee fund.

Where an attorney has been transferred to disability inactive status by an order in accordance with the provisions of subsection (a) and thereafter, in a proceeding duly taken, the attorney has been judicially declared to be competent, the Supreme Court may dispense with further evidence that the attorney's disability has been removed and may direct the attorney's reinstatement to active status upon such terms as are deemed proper and advisable.

(f) In a proceeding seeking a transfer to disability inactive status under this rule, the burden of proof shall rest with the petitioner. In a proceeding seeking an order of reinstatement to active status under this rule, the burden of proof shall rest with the respondent.

(g) The filing of a petition for reinstatement to active status by an attorney transferred to disability inactive status because of disability shall be deemed to constitute a waiver of any doctor-patient privilege with respect to any treatment of the attorney during the period of the attorney's disability. The attorney shall be required to disclose the name of every psychiatrist, psychologist, physician, and hospital or other institution by whom or in which the attorney has been examined or treated since the attorney's transfer to disability inactive status and he shall furnish to the Court written consent to each to divulge such information and records as requested by court-appointed medical experts or the Disciplinary Administrator.

(h) If an attorney is restored to active status, disciplinary proceedings pending against the attorney may be resumed.

[History: Previously Rule 220, Am. effective January 8, 1979; Am. effective March 1, 1988.]

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