Rule 8.1 - Reinstatement - Formal Application Required(a) Applicants. Any person who has been a member of the Bar, but who has (1) resigned under Form A of these rules prior to December 1, 2019, more than ten years prior to the date of application for reinstatement and who has not been a member of the Bar during such period; or(2) resigned under Form B of these rules prior to January 1, 1996; or(3) been disbarred as a result of a disciplinary proceeding commenced by formal complaint before January 1, 1996; or(4) been suspended for misconduct for a period of more than 6 months; or(5) been suspended for misconduct for a period of 6 months or less but has remained in a suspended status for a period of more than 6 months prior to the date of application for reinstatement; or(7) been involuntarily transferred to an inactive membership status; or(8) been suspended under BR 7.1 for a period of more than five years prior to the date of application for reinstatement; or(9) been suspended for any reason and has remained in that status more than 10 years. and who desires to be reinstated as an active member or to resume the practice of law in Oregon shall be reinstated as an active member of the Bar only upon formal application and compliance with the Rules of Procedure in effect at the time of such application. Applicants for reinstatement under this rule must file a completed application with the Bar on a form prepared by the Bar for that purpose. The applicant shall attest that the applicant did not engage in the practice of law except where authorized to do so during the period of the applicant's suspension, disbarment, or resignation. A reinstatement to inactive status is not allowed under this rule. An applicant who has been suspended for a period exceeding 6 months may not apply for reinstatement any earlier than 3 months before the earliest possible expiration of the period specified in the opinion or order imposing suspension.
(b) Required Showing; Effect of Noncooperation.(1) Each applicant under this rule must show that the applicant has good moral character and general fitness to practice law; that the applicant has reformed since engaging in earlier misconduct, if any; and that the resumption of the practice of law in Oregon by the applicant will not be detrimental to the administration of justice or the public interest. Reformation may be established by evidence, such as: (i) character evidence from people who know and have had the opportunity to observe the applicant; (ii) evidence of the applicant's participation in activities for the public good; (iii) evidence of the applicant's forthrightness in acknowledging earlier wrongdoing; (iv) evidence of the applicant's adequate resolution of any previous substance abuse problem; and (v) evidence of the applicant's willingness to pay restitution to those people harmed by the applicant's earlier conduct. In determining whether the evidence is sufficient to establish reformation, the Supreme Court must be satisfied that the applicant has reformed in light of the earlier misconduct.(2) Each applicant has a duty to cooperate and comply with requests from the Bar in its efforts to assess the applicant's good moral character and general fitness to practice law, including responding to a lawful demand for information; the execution of releases necessary to obtain information and records from third parties whose records reasonably bear upon character and fitness; and reporting promptly any changes, additions or corrections to information provided in the application.(3) The Chief Executive Officer may refer to the Board any applicant who, during the pendency of a reinstatement application, engages in conduct that would violate RPC 8.1(a) if done by an attorney or LP, with a recommendation that the Board determine that the applicant has not made the showing required by BR 8.1(b) and recommend to the Supreme Court that the application be denied. No applicant shall resume the practice of law in Oregon or active membership status unless all the requirements of this rule are met.(c) Learning and Ability. In addition to the showing required in BR 8.1(b), each applicant under this rule must show that the applicant has the requisite learning and ability to practice law in Oregon. The Bar may recommend and the Supreme Court may require as a condition precedent to reinstatement that the applicant take and pass the bar examination administered by the BBX, or successfully complete a prescribed course of continuing legal education. Factors to be considered in determining an applicant's learning and ability include, but are not limited to: the length of time since the applicant was an active member of the Bar; whether and when the applicant has practiced law in Oregon; whether the applicant practiced law in any jurisdiction since they were last an active member in Oregon; and whether the applicant has participated in continuing legal education activities since they were last an active member in Oregon.(d) Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay an application fee of $750 at the time the application for reinstatement is filed.(e) Review by Chief Executive Officer; Referral of Application to Board. Notice of and requests for comment on applications filed under BR 8.1 shall be published on the Bar's website for a period of 30 days. If, after review of an application filed under BR 8.1 and any information gathered in the investigation of the application, the Chief Executive Officer determines that the applicant has made the showing required by BR 8.1(b), the Chief Executive Officer shall recommend to the Supreme Court, as provided in BR 8.7, that the application be granted, conditionally or unconditionally. If the Chief Executive Officer is unable to determine from a review of an application and any information gathered in the investigation of the application that the applicant has made the showing required by BR 8.1(b), the Chief Executive Officer shall refer the application to the Board for consideration, with notice to the applicant.(f) Board Consideration of Application. If, after a referral from the Chief Executive Officer, the Board determines from its review of the application and any information gathered in the investigation of the application that the applicant has made the showing required by BR 8.1(b), the Board shall recommend to the Supreme Court, as provided in BR 8.7, that the application be granted, conditionally or unconditionally. If the Board determines that the applicant has not made the showing required by BR 8.1(b), the Board shall recommend to the court that the application be denied.(g) If either the Chief Executive Officer or the Board recommend to the Supreme Court, under paragraph (e) or (f) of this rule, that the application be granted conditionally or unconditionally, then the court must determine whether the applicant has satisfied the burden of proof set out in BR 8.12. If the court determines that the applicant has not satisfied the burden of proof, the court may deny the application or it may remand to the Chief Executive Officer or the Board, or take any other action that it deems appropriate.Rule 8.1c and f amended by Order dated May 31, 1984, effective 7/1/1984. Rule 8.1c amended by Order dated July 27, 1984 nun pro tunc May 31, 1984. Rule 8.1 amended by Order dated March 13, 1989, effective 4/1/1989, corrected6/1/1989. Rule 8.1a and c amended by Order dated March 20, 1990, effective 4/2/1990. Rule 8.1a, c, and d amended by Order dated December 14, 1995. Rule 8.1a amended by Order dated February 5, 2001. Rule 8.1d amended by Order dated October 19, 2009. Rule 8.1c amended and Rule 8.1e and f added by Order dated April 5, 2013. Rule 8.1ai, 8.1aii, 8.1aiii, 8.1aiv, 8.1av, 8.1avi, 8.1avii, and 8.1aviii redesignated as Rule 8.1a1, 8.1a2, 8.1a3, 8.1a4, 8.1a5, 8.1a6, 8.1a7, and 8.1a8; Rule 8.1a, 8.1a4, 8.1a5, 8.1a6, 8.1a7, 8.1a8, 8.1b, 8.1c, 8.1d, 8.1e, and 8.1f amended by Order dated May 3, 2017, effective 1/1/2018. Rule 8.1a1 amended by Order dated May 22, 2019, effective 9/1/2019. Rule 8.1b amended and redesignated BR 8.1b1, 8.1b2, and 8.1b3 and Rule 8.1g added by Order dated October 27, 2019, effective 12/1/2019. Rule 8.1a9 added by Order dated10/15/2020, effective 11/14/2020. Rule 8.1a amended by Order dated December 8, 2020. Rule 8.1a, Rule 8.1a1, 8.1a6, 8.1a7, 8.1a8, 8.1a9, 8.1c, and 8.1d amended by Order dated December 14, 2022, effective 1/1/2023. Rule 8.1(b)(3) amended by Order dated 8/1/2023.