Opinion
April 28, 1999.
Orders Entered April 28, 1999:
On order of the Court, this is to advise that the Court is considering an amendment of Rule 9.123 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below:]
RULE 9.123. ELIGIBILITY FOR REINSTATEMENT.
(A) — (C) [Unchanged.]
(D) Petition for Reinstatement; Filing Limitations.
(1) Except as provided in subrule (D)(3), an attorney whose license to practice law has been suspended may not file a petition for reinstatement earlier than 56 days before the term of suspension ordered has fully elapsed.
(2) [Unchanged.]
(3) An attorney whose license to practice law has been suspended because of conviction of a felony may not file a petition for reinstatement until six months have elapsed since completion of the sentence imposed, including any period of probation or parole.
(3 4) [Renumbered, but otherwise unchanged.]
Staff Comment: The proposed amendment of Rule 9.123(D) would preclude a lawyer whose license to practice law is suspended because of a felony conviction from applying for reinstatement until six months have elapsed since completion of the sentence imposed for the conviction, including any period of probation or parole.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file No. 98-51.