R.I. Sup. Ct. R. Art. III, R. 17

(a) Where an attorney has been

judicially declared incompetent or committed on the grounds of incompetency, this

Court, upon proper proof of the fact, shall enter an order transferring such attorney

to inactive status effective immediately and for an indefinite period until the

further order of this Court. A copy of such order shall be served upon such

attorney, his or her guardian and/or the director of the institution to which he or she

has been committed in such manner as this Court may direct.

(b) Whenever the Board shall petition this 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 of drugs or intoxicants, this 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 this Court shall designate. If, upon due consideration

of the matter, this Court concludes that the attorney is incapacitated from

continuing to practice law, it shall enter an order transferring him or her to inactive

status on the ground of such incapacity for an indefinite period and until the further

order of this Court. Any pending disciplinary proceeding against the attorney shall

be held in abeyance.

This Court shall provide for such notice to the respondent-attorney of

proceedings in the matter as it deems proper and advisable and may appoint an

attorney to represent the respondent-attorney if he or she is without adequate

representation.

(c) If, during the course of a disciplinary proceeding the respondent-attorney

contends that he or she is suffering from an incapacity by reason of mental or

physical infirmity or illness, or because of addiction to drugs or intoxicants, which

makes it impossible for the respondent-attorney to adequately defend himself or

herself, this Court thereupon shall enter an order immediately transferring the

respondent-attorney to inactive status until a determination is made of the

respondent-attorney's capacity to continue to practice law in a proceeding instituted

in accordance with the provisions (b) above.

If this Court shall determine that the respondent-attorney 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-attorney.

(d) The Clerk of this Court shall cause a notice of transfer to inactive status to

be published in the Rhode Island Bar Journal and a newspaper of general

circulation in the county in which the incapacitated attorney maintained his or her

practice.

(e) The Clerk of this Court shall promptly transmit a certified copy of the order

of transfer to inactive status to all courts within the State and shall request such

action as this Court may direct under the provisions of Rule 18 in order to protect

the interests of the incapacitated attorney and his or her clients.

(f) No attorney transferred to inactive status under the provision of this rule may

resume active status until reinstated by order of this Court. Any attorney

transferred to inactive status under the provision of this rule shall be entitled to

apply for reinstatement to active status once a year or at such shorter intervals as

this Court may direct in the order transferring the respondent-attorney to inactive

status or any modification thereof. Such application shall be granted by this Court

upon a showing by clear and convincing evidence that the attorney's incapacity has

been removed and he or she is fit to resume the practice of law. Upon such

application, this Court may take or direct such action as it deems necessary or

proper to a determination of whether the attorney's incapacity has been removed,

including a direction for an examination of the attorney by such qualified medical

experts as this Court shall designate. In its discretion, this Court may direct that

the expense of such an examination shall be paid by the attorney.

Where an attorney has been transferred to inactive status by an order in

accordance with the provisions of (a) above and, thereafter, in proceedings duly

taken, he or she has been judicially declared to be competent, this Court may direct

his or her reinstatement to active status upon such terms as are deemed proper and

advisable.

(g) The filing of an application for reinstatement to active status by an attorney

transferred to inactive status because of incapacity shall be deemed to constitute a

waiver of a doctor/patient privilege, if any, with respect to any treatment of the

attorney during the period of his or her incapacity. 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 his or her transfer to inactive status and he or she shall furnish to this Court

written consent to each to divulge such information and records as requested by

court-appointed medical experts. In a proceeding seeking an order of reinstatement

to active status under this rule, the burden of proof shall rest with the respondent-attorney.

(h) The Clerk of the Court of any court within the State in which an attorney

has been judicially declared incompetent or has been committed on the grounds of

incompetency shall, within ten (10) days of said decree, transmit a certificate

thereof to this Court.