Wash. R. for Enforcement of Lawyer Conduct 8.8

(a) Right of Petition and Burden. A respondent lawyer transferred to disability inactive

status may resume active status only by Board or Supreme Court order. Any respondent transferred to disability inactive status may petition the Board for transfer to active status. The

respondent has the burden of showing that the disability has been removed.

(b) Petition. The petition for reinstatement must:

(1) state facts demonstrating that the disability has been removed;

(2) include the name and address of each psychiatrist, psychologist, physician, or other

person and each hospital or other institution by whom or in which the respondent has been

examined or treated since the transfer to disability inactive status; and

(3) be filed with the Clerk and served on disciplinary counsel.

(c) Waiver of Privilege. The filing of a petition for reinstatement to active status by a

respondent transferred to disability inactive status waives any privilege as to treatment of any

medical, psychological, or psychiatric condition during the period of disability. The respondent

must furnish, if requested by the Board or disciplinary counsel, written consent to each treatment

provider to divulge information and records relating to the disability.

(d) Initial Review by Chair. The Chair reviews the petition and any response by

disciplinary counsel and directs appropriate action to determine whether the disability has been

removed, including investigation by disciplinary counsel or any other person or an examination

by a physician of the respondent’s physical condition or by a mental health professional (as

defined by RCW 71.05.020) of the respondent’s mental condition.

(e) Board Review.

(1) The respondent must have a reasonable opportunity to review any reports of

investigations or examinations ordered by the Chair and submit additional materials before the

matter is submitted to the Board.

(2) On submission, the Board reviews the petition and any reports as expeditiously as

possible and takes one or more of the following actions:

(A) grants the petition;

(B) directs additional action as the Board deems necessary to determine whether the

disability has been removed;

(C) orders that a hearing be held before a hearing officer under the procedural rules for

disciplinary proceedings;

(D) directs the respondent to establish proof of competence and learning in the law, which

may include certification by the bar examiners of successful completion of an examination for

admission to practice;

(E) denies the petition;

(F) directs the respondent to pay the costs of the reinstatement proceedings; or

(G) approves or rejects a stipulation to reinstatement between the respondent and the

Association.

(3) The petition may be denied without the respondent having an opportunity for a hearing

before a hearing officer only if the Board determines that a hearing is not necessary because:

(A) the respondent fails to state a prima facie case for reinstatement in the petition; or

(B) the petition does not indicate a material change of circumstance since a previous denial

of a petition for reinstatement.

(f) Petition Granted. If the petition for reinstatement is granted, the Association restores

the respondent to the respondent’s prior status and notifies the Supreme Court of the transfer,

unless disciplinary counsel files a notice of appeal under subsection (g) of this rule, in which

case respondent will not be returned to the respondent’s prior status until that appeal is final. If a

disciplinary proceeding has been stayed, or a disciplinary investigation has been deferred

because of the disability transfer, the proceeding or investigation resumes upon reinstatement.

(g) Review by Supreme Court. Either the respondent or disciplinary counsel may appeal

the Board’s decision to the Supreme Court, by filing a notice of appeal with the Clerk within

30 days of service of the Board’s decision on the respondent. Title 12 applies to review under

this section.