IL · rules
Ill. S. Ct. R. 759
Restoration to Active Status
(a) Petition. An attorney transferred to disability inactive status under the provisions of Rules
757, 758, 763, or, prior to November 1, 1999, pursuant to Rule 770 may file a petition with the
court for restoration to active status. The petition must be accompanied by verification from the
Director of MCLE that the attorney has complied with MCLE requirements as se t forth in Rule
790 et seq. and verification from the Administrator that the attorney has reimbursed the Client
Protection Program for all payments arising from petitioner’s conduct pursuant to Rule 780(e).
The petition shall be served on the Administrator, who shall have 21 days to answer the petition.
If the Administrator consents or fails to file exceptions in the answer to the petition, the court may
order that the petitioner be restored to active status without a hearing. If the Administrator excepts
to the petition in the answer, the petition and answer shall be referred to the Hearing Board, which
shall hear the matter.
(b) Hearing and Review Procedure. The hearing and review procedure shall be the same as
provided in Rule 753 for disciplinary cases.
(c) Disposition. The court may impose reasonable conditions upon an attorney’s restoration
to active status as may be warranted by the circumstances. A restoration ordered under this rule
shall be effective seven days after entry of the court’s order allowing the petition provided that the
petitioner produces to the Administrator within the seven days verification from the Director of
MCLE that the attorney has complied with MCLE requirements as set forth in Rule 790 et seq.
(d) Resumption of Disciplinary Proceedings. If an attorney is restored to active status,
disciplinary proceedings pending against the attorney may be resumed.
History
Adopted March 30, 1973, effective April 1, 1973; 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; amended September 29, 2005, effective immediately; amended February 9, 2015, eff. immediately; amended June 22, 2017, eff. July 1, 2017; amended Mar. 29, 2024, eff. Apr. 1, 2024.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
26c8c899222577a258f927cb9a1af1654b5fc463b321508c635f815d32da7827
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