ELC 8.8
               REINSTATEMENT TO ACTIVE STATUS


(a) Right of Petition and Burden.  A respondent lawyer
transferred to disability inactive status may resume active
status only by Board or Supreme Court order.  Any respondent
transferred to disability inactive status may petition the
Board for transfer to active status.  The respondent has the
burden of showing that the disability has been removed.

(b) Petition.  The petition for reinstatement must:

  (1) state facts demonstrating that the disability has
     been removed;

  (2) include the name and address of each psychiatrist,
     psychologist, physician, or other person and each
     hospital or other institution by whom or in which the
     respondent has been examined or treated since the
     transfer to disability inactive status; and

  (3) be filed with the Clerk and served on disciplinary
     counsel.

(c) Waiver of Privilege.  The filing of a petition for
reinstatement to active status by a respondent transferred
to disability inactive status waives any privilege as to
treatment of any medical, psychological, or psychiatric
condition during the period of disability.  The respondent
must furnish, if requested by the Board or disciplinary
counsel, written consent to each treatment provider to
divulge information and records relating to the disability.

(d) Initial Review by Chair.  The Chair reviews the petition
and any response by disciplinary counsel and directs
appropriate action to determine whether the disability has
been removed, including investigation by disciplinary
counsel or any other person or an examination by a physician
of the respondent’s physical condition or by a mental health
professional (as defined by RCW 71.05.020) of the
respondent’s mental condition.

(e) Board Review.

  (1) The respondent must have a reasonable opportunity
     to review any reports of investigations or examinations
     ordered by the Chair and submit additional materials
     before the matter is submitted to the Board.

  (2) On submission, the Board reviews the petition and
     any reports as expeditiously as possible and takes one
     or more of the following actions:

     (A) grants the petition;

     (B) directs additional action as the Board deems
         necessary to determine whether the disability has
         been removed;

     (C) orders that a hearing be held before a hearing
         officer or panel under the procedural rules for
         disciplinary proceedings;

     (D) directs the respondent to establish proof of
         competence and learning in the law, which may
         include certification by the bar examiners of
         successful completion of an examination for
         admission to practice;

     (E) denies the petition;

     (F) directs the respondent to pay the costs of the
         reinstatement proceedings; or

     (G) approves or rejects a stipulation to reinstatement
         between the respondent and the Association.

  (3) The petition may be denied without the respondent
     having an opportunity for a hearing before a hearing
     officer or panel only if the Board determines that a
     hearing is not necessary because:

     (A) the respondent fails to state a prima facie case
         for reinstatement in the petition; or

     (B) the petition does not indicate a material change of
         circumstance since a previous denial of a petition
         for reinstatement.

(f) Petition Granted.  If the petition for reinstatement is
granted, the Association immediately restores the respondent
to the respondent’s prior status and notifies the Supreme
Court of the transfer.  If a disciplinary proceeding has
been deferred because of the disability transfer, the
proceeding resumes upon reinstatement.

(g) Review by Supreme Court.  If the petition for
reinstatement is not granted, the respondent may appeal the
Board’s decision to the Supreme Court, by filing a notice of
appeal with the Clerk within 15 days of service of the
Board’s decision on the respondent.  Title 12 applies to
review under this section.


[Adopted effective October 1, 2002.]