Home Table of Contents

RULE 19-751. REINSTATEMENT--SUSPENSION SIX MONTHS OR LESS

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 700. Discipline, Inactive Status, Resignation
Reinstatement [Rules 19-751 and 19-752]
Effective: January 1, 2024
MD Rules Attorneys, Rule 19-751
RULE 19-751. REINSTATEMENT--SUSPENSION SIX MONTHS OR LESS
Currentness
(a) Scope of Rule. This Rule applies to an attorney who has been suspended for a fixed period of time not exceeding six months.
(b) Reinstatement Not Automatic.
(1) Condition Precedent to Reinstatement. Before an attorney may be reinstated under this Rule, the attorney shall comply with all financial obligations required by these Rules or by court order, including payment of all outstanding assessments, including late fees, if any, owed to the Client Protection Fund pursuant to Rule 19-605 and the Disciplinary Fund pursuant to Rule 19-705 that accrued prior to the attorney's suspension.
(2) Order of Reinstatement Required. An attorney subject to this Rule is not automatically reinstated upon expiration of the period of suspension. An attorney is not reinstated until the Supreme Court enters an Order of Reinstatement.
(c) Petition for Reinstatement.
(1) Requirement. An attorney who seeks reinstatement shall file a verified petition for reinstatement with the Clerk of the Supreme Court and serve a copy on Bar Counsel. The attorney shall be the petitioner and Bar Counsel shall be the respondent.
(2) Timing. The petition may not be filed earlier than ten days prior to the end of the period of suspension.
(3) Content. The petition shall be captioned “In the Matter of the Petition for Reinstatement of XXXX to the Bar of Maryland” and shall state the effective date of the suspension and the asserted date of its completion, certify that (A) the attorney has complied with Rule 19-741 and all requirements and conditions specified in the suspension order, (B) the attorney has paid all assessments and applicable late fees owed to the Client Protection Fund and the Disciplinary Fund as of the effective date of the attorney's suspension, and (C) to the best of the attorney's knowledge, information, and belief, no complaints or disciplinary proceedings are currently pending against the attorney. The petition shall be accompanied by (i) a copy of the Court's order imposing the suspension, (ii) any opinion that accompanied that order, and (iii) any filing fee prescribed by law.
(d) Review by Bar Counsel. Bar Counsel shall promptly review the petition and, within five days after service, shall file with the Clerk of the Supreme Court and serve on the attorney any objection to the reinstatement. The basis of the objection shall be stated with particularity.
(e) Action by Supreme Court.
(1) If No Timely Objection Filed. If Bar Counsel has not filed a timely objection, the Clerk shall promptly forward to the Chief Justice or a justice of the Court designated by the Chief Justice the petition, a certificate that no objection had been filed, and a proposed Order of Reinstatement. The Chief Justice or the designee may sign and file the order on behalf of the Court.
(2) If Timely Objection Filed. If Bar Counsel files a timely objection, the Clerk shall refer the matter to the full Court for its consideration. The Court may overrule Bar Counsel's objections and enter an Order of Reinstatement or set the matter for hearing.
(f) Effective Date of Reinstatement Order. An order that reinstates the petitioner may provide that it shall become effective immediately or on a date stated in the order.
(g) Duties of Clerk.
(1) Attorney Admitted to Practice. Promptly after the effective date of an order that reinstates a petitioner, the Clerk of the Supreme Court shall comply with Rule 19-761.
(2) Attorney Not Admitted to Practice. Upon receiving a reinstatement notice authorized by section (e) of this Rule, or on the effective date of an order or notice that reinstates a petitioner not admitted by the Supreme Court to practice law, the Clerk of the Supreme Court shall remove the petitioner's name from the list maintained in that Court of non-admitted attorneys who are ineligible to practice law in this State, and shall certify that fact to the Board of Law Examiners and the clerks of all courts in the State.
(h) Motion to Vacate Reinstatement. Bar Counsel may file a motion to vacate an order that reinstates the petitioner if (1) the petitioner has failed to demonstrate substantial compliance with the order, including any condition of reinstatement imposed under Rule 19-741 (e) or (2) the petition filed under section (a) of this Rule contains a false statement or omits a material fact, the petitioner knew the statement was false or the fact was omitted, and the true facts were not disclosed to Bar Counsel prior to entry of the order. The petitioner may file a verified response within 15 days after service of the motion, unless a different time is ordered. If there is a factual dispute to be resolved, the court may enter an order designating a judge in accordance with Rule 19-722 to hold a hearing. The judge shall allow reasonable time for the parties to prepare for the hearing and may authorize discovery pursuant to Rule 19-726. The applicable provisions of Rule 19-727 shall govern the hearing. The applicable provisions of Rules 19-728 and 19-740, except section (c) of Rule 19-740, shall govern any subsequent proceedings in the Supreme Court. The Court may reimpose the discipline that was in effect when the order was entered or may impose additional or different discipline.
Source: This Rule is new.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended July 9, 2021, eff. Oct. 1, 2021; April 21, 2023, eff. nunc pro tunc April 1, 2023. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]
MD R Attorneys, Rule 19-751, MD R ATTORNEYS Rule 19-751
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document