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                          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 proof, 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) Factors Considered by the Character and Fitness Board. In
reaching the decision of whether the Petitioner has been
rehabilitated, the Board shall consider the factors set forth in
Rule 24.2 (b), (c) and (d), where applicable, and the following factors:

     (i) The Petitioner's character, standing, and professional
reputation in the community in which the Petitioner resided
and practiced prior to disbarment.

     (ii) The ethical standards which the Petitioner observed in
the practice of law.

     (iii) The nature and character of the conduct for which the
Petitioner was disbarred.

     (iv) The sufficiency of the punishment undergone in
connection therewith, and the making or failure to make
restitution where required.

     (v) The Petitioner's attitude, conduct, and reformation
subsequent to disbarment.

     (vi) The time that has elapsed since disbarment.

     (vii) The Petitioner's current proficiency in the law; and

     (viii) The sincerity, frankness, and truthfulness of the
Petitioner in presenting and discussing the factors relating
to the Petitioner's disbarment and reinstatement.

  (c) Factors Not Considered by the Character and Fitness Board.
The following factors shall not be considered as evidence of a
Petitioner's character or fitness:

  (1) Racial or ethnic identity.
  (2) Sex.
  (3) Sexual orientation.
  (4) Marital status.
  (5) Religious or spiritual beliefs or affiliation.
  (6) Political beliefs or affiliation.
  (7) Physical disability.
  (8) National origin.
  (9) Learning disabilities.

  (d) Action on Board Recommendation.  The recommendation of the
Character and Fitness Board shall be served upon the Petitioner
pursuant to rule 20.5. If the Board recommends reinstatement, the
record and recommendation shall be transmitted to the Supreme
Court for disposition.  If the Board recommends against
reinstatement, the record and recommendation shall be retained in
the office of the Bar Association 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 bar examination fee shall be refunded to the
Petitioner, but 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 Association 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 bar
examination fee shall be refunded to the Petitioner, but 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.


[Adopted effective September 1, 2006.]
	

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