Rule APR 25.5 - ACTION BY CHARACTER AND FITNESS BOARD(a)Requirements for Favorable Recommendation. Reinstatement may be recommended by the Character and Fitness Board only upon a showing, supported by clear and convincing evidence, that the Petitioner possesses the qualifications and meets the requirements for reinstatement as set forth in these rules and that the Petitioner has been rehabilitated.(b) Rehabilitation-Factors Considered by the Character and Fitness Board. In reaching the decision of whether the Petitioner has been rehabilitated, the Character and Fitness Board shall consider the factors set forth in APR 21(b), where applicable, and the following factors: (1) The Petitioner's character, standing, and professional reputation in the community in which the Petitioner resided and practiced prior to disbarment;(2) The ethical standards which the Petitioner observed in the practice of law;(3) The nature and character of the conduct for which the Petitioner was disbarred;(4) The sufficiency of the punishment undergone in connection therewith, and the making or failure to make restitution where required;(5) The Petitioner's attitude, conduct, and reformation subsequent to disbarment;(6) The time that has elapsed since disbarment;(7) The Petitioner's current proficiency in the law; and(8) The sincerity, frankness, and truthfulness of the Petitioner in presenting and discussing the factors relating to the Petitioner's disbarment and reinstatement.(c)Nondiscrimination. The Bar and the Character and Fitness Board shall not discriminate against any petitioner based on the factors in APR 21(c).(d)Action on Character and Fitness Board Recommendation. The recommendation of the Character and Fitness Board shall be served upon the Petitioner pursuant to APR 23.5. If the Character and Fitness Board recommends reinstatement, the record and recommendation shall be transmitted to the Supreme Court for disposition. If the Character and Fitness Board recommends against reinstatement, the record and recommendation shall be retained in the office of the Bar unless the Petitioner requests that it be submitted to the Disciplinary Board by filing with the Clerk of the Disciplinary Board a request for Disciplinary Board review within 15 days of service of the recommendation of the Character and Fitness Board. If the Petitioner so requests, the record and recommendation shall be transmitted to the Disciplinary Board for disposition and the review will be conducted under the procedure of rules 11.9 and 11.12 of the Rules for Enforcement of Lawyer Conduct. If the Petitioner does not so request, the record and recommendation shall be retained in the records of the Bar and the Petitioner shall still be responsible for payment of the costs incidental to the reinstatement proceeding as directed by the Character and Fitness Board.(e)Action on Disciplinary Board Recommendation. The recommendation of the Disciplinary Board shall be served upon the Petitioner. If the Disciplinary Board recommends reinstatement, the record and recommendation shall be transmitted to the Supreme Court for disposition. If the Disciplinary Board recommends against reinstatement, the record and recommendation shall be retained in the office of the Bar unless the Petitioner requests that it be submitted to the Supreme Court by filing with the Clerk of the Disciplinary Board a request for Supreme Court review within 30 days of service of the recommendation. If the Petitioner so requests, the record and recommendation shall be transmitted to the Supreme Court for disposition. If the Petitioner does not so request, the record and recommendation shall be retained in the records of the Bar and the Petitioner shall still be responsible for payment of the costs incidental to the reinstatement proceeding as directed by the Disciplinary Board under the procedure of rule 13.9 of the Rules for Enforcement of Lawyer Conduct.Wash. Admi. And. Prac. R. APR 25.5
Formerly APR 21.5, adopted effective 10/1/2002; Renumbered as APR 25.5 and amended effective 9/1/2006;1/1/2014;9/1/2016;9/1/2017.