N.Y. Comp. Codes R. & Regs. tit. 22 § 691.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 691.11 - Reinstatement following suspension, disbarment, striking of name from roll of attorneys, or non-disciplinary resignation

(a) In addition to the requirements of section 1240.16 of this Title, an applicant for reinstatement after disbarment or after suspension for a period of more than six months mush establish that during the period of disbarment or suspension and within the two years preceding reinstatement, he or she has successfully completed one credit hour of continuing education accredited in accordance with Part 1500 of this Title for each month of disbarment or suspension up to a maximum of 24 credits. Compliance with this subdivision may, upon request of the applicant, be deferred pending notification that the court has conditionally granted the application for reinstatement subject to the completion of required continuing legal education.

(b) A respondent seeking reinstatement after suspension based solely upon a violation of the registration requirements set forth in Judiciary Law section 468-a may file an application for reinstatement at any time after suspension in the form prescribed at Appendix D in Part 1240 of this Title. Such applicant may, in the discretion of the court, be required to comply with the continuing legal education requirements of subdivision (a) of this section.

(c) In addition to the requirements of section 1240.22(b) of this Title, an applicant for reinstatement after a non-disciplinary resignation must establish that within two years preceding such application the applicant has successfully completed a minimum of eight credit hours of continuing education accredited in accordance with Part 1500 of this Title as follows:

(1) six credit hours of skills and/or law practice management credits as those terms are defined in section 1500.2(d), (e) of this Title, which specifically relate to the practice of law in New York;

(2) one credit hour of ethics and professionalism as that term is defined in section 1500.2(c) of this Title; and

(3) one credit hour of diversity, inclusion and elimination of bias as that term is defined in section 1500.2(g) of this Title. Such applicant may, in the discretion of the court, be required to successfully complete additional credit hours of continuing education as a condition of reinstatement.

(d)Character and fitness review.

The court shall refer an applicant for reinstatement after a disbarment to a Committee on Character and Fitness in this judicial department for a report before granting that application and, in its discretion, may similarly refer an application for reinstatement after a suspension or after non-disciplinary resignation pursuant to section 1240.22(a) of this Title.

(e) The applicant must file the original plus three copies of the application for reinstatement required by section 1240.16(b) of this Title and prescribed at Appendices C, D and F to those rules.

(f)Renewed motion for reinstatement.

No renewed motion for reinstatement shall be accepted for filing within one year of the entry of an order of this court denying a prior motion for such relief, unless the order denying the prior motion provides otherwise.

(g)Expenses.

The court may direct that the necessary expenses incurred in the investigation and processing of a motion for reinstatement be paid by the applicant.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 691.11