Rule 34.26 - Procedure for reinstatement from administrative suspension for failure to file annual forms and pay fees(1)Eligibility for reinstatement. An attorney suspended pursuant to Iowa Court Rule 39.8(2) or 41.5(1) for failing to pay annual fees, complete required continuing legal education, or file required annual reports, statements, supplements, or questionnaires, must comply with the following requirements before being eligible for reinstatement: a. Complete all continuing legal education required by rules 41.3 and 42.2.b. File the statement required by rule 39.8(1) and the questionnaire required by rule 39.11.c. Pay all delinquent fees, assessments, and late filing penalties due under rules 39.5, 39.6, 39.8, 39.17, and 41.4.d. Pay a reinstatement from suspension fee of $200.(2)Office of professional regulation request for reinstatement. If the attorney complies with the requirements of rule 34.26(1) within ten days of the date of the suspension order, the office of professional regulation will file with the supreme court a Request for Reinstatement, which will include the date that the attorney was in compliance. If the office of professional regulation certifies that the attorney was in compliance with rule 34.26(1) within ten days of the date of the suspension order, the notice requirements of rule 34.23(2) for reinstatement do not apply. The supreme court will enter an order reinstating the attorney without further application or hearing.(3)Application for reinstatement without hearing.a. If the attorney did not comply with rule 34.26(1) within 10 days from the date of suspension, the notice requirements of rule 34.23(2) apply. To be reinstated, the attorney must file an application for reinstatement without hearing with the supreme court clerk, which includes a certification from the office of professional regulation that: (1) The attorney has completed all continuing legal education required by rules 41.3 and 42.2.(2) The attorney has filed the statement required by rule 39.8(1) and the questionnaire required by rule 39.11.(3) The attorney has paid all delinquent fees, assessments, and late filing penalties due under rules 39.5, 39.6, 39.8, 39.17, and 41.4.(4) The attorney has paid the reinstatement from suspension fee of $200.(5) The attorney has complied with the requirements of rule 34.23(2).(6) The attorney is not subject to any denials of reinstatement pursuant to rule 34.20(5), 34.21(5), or 34.22(5).b. Within seven days of the filing of the application for reinstatement without hearing either the disciplinary board or client security commission may file and serve an objection to reinstatement of the attorney without hearing. The filing of an objection stays reinstatement until the supreme court orders otherwise. If the disciplinary board or client security commission files an objection, the supreme court will set the matter for hearing and the supreme court clerk must enter written notice in conformance with rule 34.25, except that the court may waive the requirement of a 60-day waiting period prior to the hearing date.c. The supreme court will not order reinstatement until all costs assessed under Iowa Court Rule 36.24 are paid and the reporting and fee payment requirements of rules 39.17 and 41.10(2) are satisfied.Admi. Gen. Prov. Griev. Commi. and. Attor. Disci. Board. 34.26
Court order December 12, 2023, effective 1/1/2024; court order September 9, 2024, effective 9/9/2024.