Iowa Ct. R. 34.25

An attorney

whose license to practice law in this state has been suspended with no possibility of reinstatement

for a period exceeding 60 days may apply for reinstatement subject to the following rules.

34.25(1) Application for reinstatement with hearing. A proceeding for reinstatement to the

practice of law in Iowa must be commenced by written application for reinstatement to the

supreme court filed with the supreme court clerk no sooner than 60 days prior to expiration of the

suspension period. The application for reinstatement must include the following:

a. The date of the applicant’s original admission, the date and duration of suspension, and

a statement that the applicant has completed all requirements for reinstatement set forth in the

supreme court’s suspension order.

b. Verification by the oath of the applicant as to the truth of the statements made in the

application.

c. Satisfactory proof that the applicant, at the time of the application, is of good moral

character and in all respects worthy of the right to practice law. The application must be

accompanied by the recommendation of three Iowa attorneys in good standing who are in active

status and currently practicing law. The recommendations may not be from judges or magistrates.

d. Satisfactory proof that the applicant, at the time of the application, has filed all reports, paid

all fees, and completed all continuing legal education requirements of chapters 39, 41, and 42 of

the Iowa Court Rules, has paid all costs assessed under rule 36.24, has complied with the notice

requirements of rule 34.23(2), and has paid a $200 reinstatement from suspension fee.

e. Satisfactory proof that the Clients’ Security Trust Fund of the Bar of Iowa is repaid in full

for all client security conduct or that the client security commission has approved a repayment

plan.

34.25(2) Procedure. Upon filing of the application and recommendations with the supreme

court clerk, the supreme court will set the application for hearing. The clerk must give notice

containing the date of suspension, the date of filing the application, and the date of the hearing set

by the supreme court to the following persons:

a. The executive director of the office of professional regulation.

b. The county attorney for the county in which the applicant currently resides.

c. The director of the disciplinary board.

d. The director of the client security commission.

e. The chief judge of each judicial district.

f. The executive director of The Iowa State Bar Association.

34.25(3) Written statements. After receipt of the notice and before the date fixed for hearing,

any person or entity may submit to the supreme court clerk written statements of fact and

comments regarding the current fitness of the applicant to practice law.

34.25(4) Notices of witnesses and exhibits. At least 14 days prior to the scheduled hearing

date, the applicant and the disciplinary board must file with the court and serve the opposing

party the names and expected testimony of any witnesses they intend to produce and must file

and serve copies of any exhibits they intend to introduce at the hearing. The opposing party must

provide notice of any rebuttal witnesses or exhibits no later than 7 days prior to the scheduled

hearing date. The supreme court may waive these deadlines upon good cause shown.

34.25(5) Hearing. The supreme court will designate the time and place of the hearing. The

applicant bears the burden of demonstrating that the applicant is of good moral character, is fit

to practice law, and has complied in all respects with the terms of the order or judgment of

suspension. The hearing will be public unless the supreme court orders otherwise upon motion of

a party. The hearing will be informal and the strict rules of evidence will not apply. The supreme

court may impose reasonable time limits on the length of the hearing.

34.25(6) Decision. The supreme court will issue its decision as soon as practicable after

the hearing. The supreme court may require the applicant to meet reasonable conditions for

reinstatement including, but not limited to, passing the Multistate Professional Responsibility

Examination.