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US · rules

D. Md. L.R. 705.4

Reinstatement

activein force · 2025-12-01 – presentact-effective-date

a) When Court Order Required

An attorney suspended for ninety (90) days or less shall be automatically reinstated at the

end of the period of suspension upon the filing with the Court of an affidavit of

compliance with the provisions of the order. An attorney suspended for more than ninety

(90) days, disbarred, or transferred to disability inactive status may not resume practice until

reinstated by order of this Court, pursuant to a petition for reinstatement filed by the

attorney.

b) Time of Petition Following Disciplinary or Other Action Taken for an Indefinite

Period

An attorney who has been disbarred after hearing or by consent may not apply for

reinstatement until the expiration of at least five (5) years from the effective date of the

disbarment. In the case of reciprocal discipline or other action, an attorney who has been

indefinitely suspended or transferred to disability inactive status may only apply for

reinstatement upon proof that the attorney has been reinstated by the court in which the

attorney was disciplined or transferred to disability inactive status.

c) Hearing on Petition

i) Petitions for reinstatement shall be filed with the Clerk. Upon receipt of

the petition, the Clerk shall promptly refer the petition to the Court’s

Disciplinary and Admissions Committee for review and determination

whether a hearing is necessary. If the Disciplinary and Admissions

Committee finds good cause that reinstatement is appropriate without a

hearing, then the Court, if in agreement, may grant the petition for

reinstatement. If the Disciplinary and Admissions Committee determines

on the basis of the papers filed that reinstatement is not appropriate and a

hearing is not necessary, then the Court, if in agreement, may deny the

petition for reinstatement.

ii) Otherwise, the Chief Judge shall assign the matter for prompt hearing.

The judge or judges assigned to the matter shall, within thirty (30) days

after referral, schedule a hearing at which the petitioner shall have the

burden of demonstrating by clear and convincing evidence the petitioner

has the moral qualifications, competency, and learning in the law required

for admission to practice law before this Court and the petitioner’s

resumption of the practice of law will not be detrimental to the integrity

and standing of the Bar or to the administration of justice, or subversive

of the public interest.

d) Appointment of Attorney-Investigator

The Court may, pursuant to L.R. 705.1.b, appoint an attorney-investigator to investigate

whether the petition for reinstatement should be granted and to participate in the

reinstatement hearing.

e) Conditions of Reinstatement

If the petitioner is found unfit to resume the practice of law, the petition shall be

dismissed. If the petitioner is found fit to resume the practice of law, the Court may enter

an order of reinstatement, provided the order may make reinstatement conditional upon the

payment of all or part of the costs of the proceedings, upon the making of partial or

complete restitution to parties harmed by the petitioner whose conduct led to the

suspension or disbarment, or upon any of the conditions identified in L.R. 705.1.h. If the

petitioner has been suspended, disbarred, or transferred to disability inactive status for five

(5) years or more, reinstatement may be conditioned upon the furnishing of proof of

competency and learning in the law, which proof may include certification by the bar

examiners of a state or other jurisdiction of the petitioner’s successful completion of an

examination for admission to practice subsequent to the date of suspension, disbarment, or

transfer to disability inactive status.

f) Successive Petitions

No petition for reinstatement shall be filed within one (1) year following an adverse

judgment upon a petition for reinstatement filed by or on behalf of the same person.

Provenance

Source
www.mdd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
751bedfbe351dddb3b36cef86914f4fc83d879576e571abb5e18578717666ede
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D. Md. L.R. 705.4 — Reinstatement · binding.law