IL · rules
Ill. S. Ct. R. 758
Mental Disability or Addiction to Drugs or Intoxicants
(a) Petition. If the Inquiry Board has reason to believe that an attorney admitted to practice in
this State is incapacitated from continuing to practice law by reason of mental infirmity, mental
disorder, or addiction to drugs or intoxicants, the Administrator shall f ile a petition with the
Hearing Board requesting a hearing to determine whether the attorney is incapacitated and should
be transferred to disability inactive status pending the removal of the disability, or be permitted to
continue to practice law subject to conditions imposed by the court.
(b) Hearing and Review Procedure. The hearing and review procedure shall be the same as
provided in Rule 753 for disciplinary cases. The Administrator and the attorney may consent to a
transfer to disability inactive status under the procedure set forth in Rule 762(a).
(c) Transfer to Disability Inactive Status. If the court determines that the attorney is
incapacitated from continuing to practice law, the court shall enter an order transferring the
attorney to disabil ity inactive status until further order of the court. The court may impose
reasonable conditions upon an attorney’s continued practice of law warranted by the
circumstances.
(d) Stay of Disciplinary Proceedings. Disciplinary proceedings pending against the attorney
shall be stayed while the attorney is on disability inactive status.
(e) Practice of Law Prohibited. No attorney transferred to disability inactive status may
engage in the practice of law until restored to active status by order of the court.
History
Adopted March 30, 1973, effective April 1, 1973; title amended September 8, 1975, effective October 1, 1975; amended June 1, 1984, effective July 1, 1984; amended October 16, 1990, effective November 1, 1990; amended June 29, 1999, effective November 1, 1999.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
442cbd06af8d13099bffe36dddbbd02111ccb42cad15c6449fa0758b2eef9616
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