Rule 2.17 - Reinstatement(a)Resumption of Practice. No suspended or disbarred attorney may resume practice until reinstated by order of the supreme court except as provided in Rule 17(d).(b)Time to Apply. (1)Disbarred attorney. An attorney who has been disbarred may not apply for reinstatement until the expiration of at least five years after the effective date of the disbarment.(2)Attorney suspended 1 year of less. An attorney suspended from practice for one year or less who has complied with the suspension order and has paid all required fees shall be reinstated by order of the supreme court at the end of the period of suspension by filing with the supreme court and serving upon Counsel an affidavit to that effect.(3)Attorney suspended more than 1 year. An attorney suspended from practice for more than one year may not apply for reinstatement until the expiration of at least one-half of the period of suspension.(4)Burden of proof; eligibility. A disbarred attorney or an attorney suspended from practice for more than one year shall not be reinstated unless he or she can show proof of the following by clear and convincing evidence: rehabilitation, fitness to practice law, competence and compliance with all applicable disciplinary or disability orders and rules, and compliance with any other requirements imposed by the supreme court, which may include the successful completion of requirements for passing the bar examination.(5)Evidence costs, lawyers' fund paid. No suspended or disbarred attorney shall be eligible for reinstatement except upon a showing that he or she has reimbursed both the Board for all costs ordered including those incurred under RSCH 2.20, if any, and the Lawyers' Fund for Client Protection for monies paid out on account of the attorney's conduct, together with interest at the Hawai'i statutory judgment rate.(6) Required evidence. A petitioner under parts (b)(1) and (b)(3) of this Rule 2.17 shall support the petition with the following information, submitted under seal:(A) the petitioner's current residence address and telephone number; (B) the address of each of petitioner's places of residence during the period of discipline, along with the dates the petitioner resided at each address; (C) the name, address and, telephone number of each of petitioner's employers, associates, or partners during the period of discipline, including the dates of each employment and position held, (D) the names of all supervisors and reasons for leaving the employment, association, or partnership; (E) the case caption, general nature and disposition of every civil and criminal action initiated, pending, or resolved during the period of discipline to which the petitioner was party or claimed an interest; (F) a statement of monthly earnings and other income during the period of discipline, including the source of the earnings/income; (G) a statement of assets and financial obligations during the period discipline, including the dates acquired or incurred and the names and addresses of all creditors; (H) a statement verifying that restitution, or reimbursement of costs, including to the client protection fund, if appropriate, has been made and in what amount(s); (I) a statement as to whether during the period of discipline the petitioner applied for reinstatement in any other jurisdiction and the results of any such proceedings; (J) a statement identifying any other licenses or certificates for business or occupation applied for during the period of discipline;(K) the names and addresses of all financial institutions at which petitioner had, or was a signatory to, accounts, safety deposit boxes, deposits or loans during the period of discipline; (L) written authorization for the ODC to secure any financial records relating to those accounts, safety deposit boxes, deposits or loans; and(M) copies of petitioner's state and federal income tax returns for the three years preceding the period of discipline and during the period of discipline along with written authorization for the ODC to obtain certified copies of the originals.(7)Subsequent petitions. If a petition for reinstatement is denied, the petitioner may reapply for reinstatement no earlier than 1 year after entry of the supreme court's order denying reinstatement.(c)Petition the board; serve counsel; investigation; hearing; reports. Petitions for reinstatement by a disbarred attorney or an attorney suspended for more than one year shall be filed with the Board and served upon Counsel. Upon receipt of the petition, the Board shall, following a reasonable investigation by counsel of the attorney's fitness for reinstatement, refer the petition to a hearing committee or officer. The investigation shall be completed within 180 days unless the Board Chairperson, upon a showing of good cause, extends the time to complete the investigation. The hearing committee or officer shall promptly schedule a hearing, unless the petitioner requests the matter be heard upon the pleadings and exhibits and Chief Disciplinary Counsel agrees. Petitioner and Chief Disciplinary Counsel may stipulate to facts. Within 30 days after the conclusion of the hearing, the hearing committee or officer shall submit to the Board a report containing its findings and recommendations, together with the record of the proceedings unless such time is extended by the Board Chairperson for no more than 30 days for good cause shown. The Board shall review the report of the hearing committee or officer and the record and shall either: (1) remand the matter for further proceedings before the hearing committee or officer or (2) submit a report containing its findings and recommendations, together with the record, to the supreme court. The supreme court may grant briefing and oral argument at its discretion, either sua sponte or in response to a motion timely filed by either party within 10 days after the filing of the report with the court. (d)Expenses. The supreme court shall, absent good cause to the contrary, direct that the necessary expenses incurred in the investigation and processing of a petition for reinstatement be paid by the attorney seeking reinstatement, upon the filing by Counsel of a verified bill of costs within 60 days after final disposition of the petition.Amended July 29, 1981, effective 7/29/1981, renumbered September 1984, further amended September 22, 1988, effective 9/22/1988; further amended February 7, 1992, effective 2/7/1992; further amended August 17, 1993, effective 8/17/1993; further amended and effective 1/9/1996; further amended and effective 12/3/1997; amended January 13, 1998, effective 2/13/1998; further amended June 8, 2001, effective 7/1/2001; further amended November 23, 2007, effective 1/1/2008; further amended June 25, 2013, effective 7/1/2013; further amended December 3, 2013, effective 1/1/2014.