W. Va. R. Law. Disci. Proc. 3.32

As amended through January 31, 2024
Rule 3.32 - Reinstatement procedure following suspension
(a) A person whose license to practice law has been or shall be suspended in this State for a period of more than three months and who shall desire reinstatement of such license, shall file a verified petition in the Supreme Court of Appeals reciting what he or she shall have done in satisfaction of requirements as to restitution, conditions, or other acts incident to the suspension, by reason of which the lawyer believes he or she should be reinstated as a member of the state bar and should have his or her license to practice law restored. The petitioner shall also file a completed reinstatement questionnaire provided by the Office of Disciplinary Counsel. At the time of filing such petition and questionnaire with the Clerk of the Supreme Court, the petitioner shall file a copy of each with the Office of Disciplinary Counsel, which shall investigate the same and determine whether a hearing is necessary.
(b) If Disciplinary Counsel determines that a hearing is not necessary, a written report shall be filed with the Supreme Court within thirty days of the filing of the petition, asking a recommendation regarding the request for reinstatement. Within ten days of after the filing of the report, either the petitioner or Disciplinary Counsel shall have a right to make a written request for a hearing before the Court.
(c) If Disciplinary Counsel determines that a hearing is necessary, a Hearing Panel Subcommittee shall schedule a hearing on the petition within sixty days of its receipt of the report of Disciplinary Counsel, or upon a later date upon a showing of good cause by Disciplinary Counsel or the petitioner. The Hearing Panel Subcommittee shall promptly prepare a written report on the petition, including a recommendation with respect to the grant or denial of the petition, to the Supreme Court of Appeals. The Hearing Panel Subcommittee shall mail a copy of the report to the petitioner's last known mailing address. Within ten days after the report has been filed with the Court, either the petitioner or Disciplinary Counsel shall have the right to make a written request for a hearing on the petition.
(d) If a request for hearing before the Court is made on a petition for reinstatement, it shall be scheduled within thirty days from the date of expiration of the ten-day period for making a written request. The hearing shall be held in such manner as the Court may direct.
(e) After a hearing on a petition for reinstatement, or after the expiration of the time for requesting a hearing without request therefor being made, the Court shall, by order entered of record, grant or refuse the petition for reinstatement.
(f) If a petition for reinstatement is granted, it may be subject to such terms and conditions as the court may prescribe, and thereupon the Court may authorize or order that the petitioner's license to practice law be reinstated and that petitioner be restored as a member in good standing of the state bar, subject to satisfaction of requirements as to payment of state bar membership fees and mandatory continuing legal education, unless otherwise provided in the order of suspension.
(g) If the petition is withdrawn or denied, the Court may enter an order of judgment requiring the petitioner to reimburse the Office of Disciplinary Counsel for the ordinary and necessary costs expended in connection with the petition for reinstatement. The Court may include in any order denying reinstatement any terms and conditions concerning subsequent petitions, including time restrictions concerning filing, as the Court may deem just.

W. Va. R. Law. Disci. Proc. 3.32