(a) Order of Reinstatement. An attorney who has been disbarred or suspended may not resume practice until reinstated by order of the Court. Interim suspension will end only in accordance with Rule 26. (b) Petitions for Reinstatement. An attorney who seeks reinstatement will file a verified petition for reinstatement with the Court, with a copy served upon the Director. In the petition, the attorney shall: (1) state that (s)he has met the terms and conditions of the order imposing suspension or disbarment; (2) state the names and addresses of all his or her employers during the period of suspension or disbarment; (3) describe the scope and content of the work performed by the attorney for each such employer; (4) provide the names and addresses of at least three character witnesses who had knowledge concerning the activities of the suspended or disbarred attorney during the period of his or her suspension or disbarment; and (5) state the date upon which the suspended or disbarred attorney seeks reinstatement. An attorney who has been disbarred by order of the Court may not be reinstated until the expiration of at least five years from the effective date of the disbarment. Unless otherwise ordered by the Court, an attorney who has been denied reinstatement by the Court from disbarment or suspension may not file a petition for reinstatement until the expiration of at least two years from the effective date of the Court's most recent order denying reinstatement.
(c) Reinstatement Proceedings. Petitioners who have been suspended for two years or less will be automatically reinstated by the Court unless Bar Counsel files an opposition to automatic reinstatement pursuant to Section (d) of this Rule. Proceedings for attorneys who have been disbarred or suspended for more than two years will be conducted as follows:
(1) upon receipt of the petition for reinstatement, the Director will refer the petition to a Hearing Committee in the jurisdiction in which the Petitioner maintained an office at the time of his or her misconduct; the Hearing Committee will promptly schedule a hearing; at the hearing, the Petitioner will have the burden of demonstrating by clear and convincing evidence that (s)he has the moral qualifications, competency, and knowledge of law required for admission to the practice of law in this State and that his or her resumption of the practice of law in the State will not be detrimental to the integrity and standing of the Bar, or to the administration of justice, or subversive of the public interest; within 30 days of the conclusion of the hearing, the Hearing Committee will issue a report setting forth its findings of fact, conclusions of law, and recommendation; the Committee will serve a copy of the report upon Petitioner and Bar Counsel, and transmit it, together with the record of the hearing, to the Board; any appellate action will be subject to the appellate procedures set forth in Rule 25; (2) at its next scheduled meeting at least 30 days after receipt of the Hearing Committee's report, the Board will review the report and the record; the Board will file its findings of fact, conclusions of law, and recommendation with the Court, together with the record and the Hearing Committee report; and the matter will be submitted to the court for action. Bar Counsel may petition for hearing and the Petitioner may appeal from the Board's findings of fact, conclusions of law, and recommendation within 10 days after the Board files its recommendations with the Court. If Bar Counsel files a petition for hearing, the time for serving and filing a response shall be 20 days after service of the petition. If Petitioner files a notice of appeal, the time for serving and filing the opening brief shall be 20 days after the record is prepared and transmitted to the Court, the time for serving and filing the opposing brief shall be 20 days, and the time for serving and filing the reply brief shall be 10 days. Briefing shall be in memorandum format and, in the case of an appeal or a granted petition for hearing, either Bar Counsel or the Petitioner may request oral argument; (3) in all proceedings concerning a petition for reinstatement, Bar Counsel may crossexamine the Petitioner's witnesses and submit evidence in opposition to the petition; and (4) the retaking and passing of Alaska's general applicant bar examination will be conclusive evidence that the Petitioner possesses the knowledge of law necessary for reinstatement to the practice of law in Alaska, as required under Section (b) (1) of this Rule. (d) Oppositions to Automatic Reinstatement. Within 10 days after the Respondent files a petition for reinstatement after a period of suspension of one year or less, or within 30 days after the Respondent files a petition for reinstatement after a period of suspension of more than one year, Bar Counsel may file an opposition to automatic reinstatement with the Court and serve a copy upon the Board and the Petitioner. The opposition to automatic reinstatement will state the basis for the original suspension, the ending date of the suspension, and the facts which Bar Counsel believes demonstrate that the petitioner should not be reinstated. Upon receipt by the Director of a copy of the opposition to automatic reinstatement, reinstatement proceedings will be initiated in accordance with procedures outlined in Section (c)(1) - (4) of this Rule.
(e) Expenses. The Court may direct that the necessary expenses incurred in the investigation and processing of any petition for reinstatement be paid by the disbarred or suspended attorney. (f) Bar Payment of Membership Fees. Prior to reinstatement, the disbarred or suspended attorney must pay to the Bar, in cash or by certified check, the full active membership fees due and owing the Association for the year in which reinstated. Added by SCO 176 dated February 26, 1974: amended by SCO 207 effective 7/15/1985; and rescinded and repromulgated by SCO 614 effective 1/1/1985: amended by SCO 665 effective 3/15/1986; by SCO 962 effective 7/15/1989; by SCO 1449 effective 10/15/2001; and by SCO 1478 effective 10/15/2002; and by SCO 1603 effective 4/15/2008