D.D.C. LCvR 83.19

(a) ATTORNEYS DECLARED INCOMPETENT OR PHYSICALLY INFIRM.

If an attorney who is subject to these Rules has been judicially declared incompetent or

involuntarily committed to a mental hospital, or has resigned from the bar of any court or

been suspended from such a bar on the basis of such mental incompetence or incapacity

or on the basis of physical infirmity or illness, the Disciplinary Panel, upon proper proof

of the fact, shall enter an order suspending such attorney from the practice of law

effective immediately and for an indefinite period until further order of the Court. A

copy of such order shall be served upon such attorney, his/her guardian and the

administrator of any hospital or other institution if the Court is informed such attorney is

a patient thereof in such manner as the Disciplinary Panel may direct.

(b) ATTORNEYS ALLEGED TO BE INCAPACITATED.

Whenever the Committee shall petition the Disciplinary Panel to determine whether an

attorney who is subject to these Rules is incapacitated from continuing the practice of law

by reason of mental infirmity or illness or because of the use of drugs or intoxicants, the

Disciplinary Panel 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 the Disciplinary Panel shall designate.

Failure or refusal to submit to such examination shall be prima facie evidence of

incapacity. If upon due consideration of the matter the Disciplinary Panel concludes that

the attorney is incapacitated from continuing to practice law it shall enter an order

suspending the attorney on the ground of such disability for an indefinite period and until

further order of the Court.

The Disciplinary Panel may provide for such notice to the attorney or proceedings in the

matter as it deems proper and advisable and may appoint an attorney to represent the

attorney if the attorney is without representation.

(c) CLAIM OF DISABILITY DURING DISCIPLINARY PROCEEDINGS.

If during the course of a disciplinary proceeding the attorney contends that he/she is

suffering from a disability by reason of mental or physical infirmity or illness or because

of the use of drugs or intoxicants which makes it impossible for the attorney to defend

adequately, the Disciplinary Panel shall enter an order immediately suspending the

attorney from continuing to practice law until a determination is made of the attorney's

capacity to continue to practice law in a proceeding instituted in accordance with the

provisions of paragraph (b) above.

(d) APPLICATION FOR REINSTATEMENT.

Any attorney suspended under this Rule for incompetency, mental illness, physical

infirmity or because of the use of drugs or intoxicants may apply to the Disciplinary

Panel for reinstatement immediately and thereafter once a year or at such shorter intervals

as the Disciplinary Panel may direct in the order of suspension. The application shall be

granted by the Disciplinary Panel upon a showing by clear and convincing evidence that

the attorney's disability has been removed and that the attorney is fit to resume the

practice of law provided, however, that if the suspension was based on resignation from

the bar of another court the attorney must provide proof that the attorney has been

reinstated in the other court, or that, if the suspension from practice before this Court was

based on a finding of incompetence or incapacity by another court, it clearly appears on

the face of the record that any of the five elements set forth in LCvR 83.16(c)(4) exist.

The Disciplinary Panel may take or direct such action as it deems necessary or proper to a

determination of whether the attorney's disability has been removed including a direction

for an examination of the attorney. The Disciplinary Panel may direct that the expenses

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

If an attorney has been suspended because of a judicial declaration of incompetence or

involuntary commitment to a mental hospital and has thereafter been judicially declared

to be competent, the Disciplinary Panel may dispense with further evidence and direct the

reinstatement of the attorney upon such terms as it deems proper and advisable.

(e) EVIDENTIARY HEARING.

If the Disciplinary Panel holds an evidentiary hearing to determine whether an attorney is

incapacitated or on an attorney's application for reinstatement under this Rule, the

Chairman of the Committee shall appoint one or more members of the Committee to

appear for the purpose of examining and cross-examining witnesses and/or offering proof

or argument pertinent to the issues.

(f) WAIVER OF PHYSICIAN-PATIENT PRIVILEGE.

The filing of an application for reinstatement by an attorney who has been suspended for

disability shall constitute a waiver of any physical patient privilege with respect to any

treatment of the attorney during the period of the attorney's disability. The attorney shall

be required to disclose the name of every psychiatrist, psychologist, physician and

hospital by whom or in which the attorney has been examined or treated since the

attorney's suspension and the attorney shall furnish the Disciplinary Panel with written

consents for such psychiatrists, psychologists, physicians or hospital to disclose such

information or records as may be requested by the medical experts designated by the

Disciplinary Panel.