Rule 251.29.Readmission and Reinstatement 
 After Discipline 
 (a)Readmission After Disbarment. 
 A disbarred attorney may not apply for readmission until at least eight years after 
 the effective date of the order of disbarment. To be eligible 
 for readmission the attorney must demonstrate the attorney's 
 fitness to practice law and professional competence, and must 
 successfully complete the written examination for admission to 
 the Bar. The attorney must file a petition for readmission, 
 properly verified, with the Presiding Disciplinary Judge, and 
 furnish a copy to the Regulation Counsel. Thereafter, the 
 petition shall be heard in procedures identical to those 
 outlined by these rules governing hearings of complaints, 
 except it is the attorney who must demonstrate by clear and 
 convincing evidence the attorney's rehabilitation and full 
 compliance with all applicable disciplinary orders and with 
 all provisions of this Chapter.  A Hearing Board shall 
 consider every petition for readmission and shall enter an 
 order granting or denying readmission. 
  
 (b)Reinstatement After Suspension. 
 Unless otherwise provided by the Supreme Court, 
 a Hearing Board, or the Presiding Disciplinary 
 Judge in the order of suspension, an attorney who has been 
 suspended for a period of one year or less shall be reinstated 
 by order of the Presiding Disciplinary Judge, provided the 
 attorney files an affidavit with the Regulation Counsel within 
 30 days prior to the expiration of the period of suspension, 
 stating that the attorney has fully complied with the order of 
 suspension and with all applicable provisions of this chapter. 
 Upon receipt of the attorney's affidavit that has been timely 
 filed, the Regulation Counsel shall notify the Presiding 
 Disciplinary Judge of the attorney's compliance with this 
 rule. Upon receipt of the notice, the Presiding Disciplinary 
 Judge shall issue an order reinstating the attorney. The order 
 shall become effective upon the expiration of the period of 
 suspension. If the attorney fails to file the required 
 affidavit within the time specified, the attorney must seek 
 reinstatement pursuant to section (c) of this Rule; provided, 
 however, that a suspended attorney who fails to file a timely 
 affidavit may obtain leave of the Presiding Disciplinary Judge 
 to file an affidavit upon showing that the attorney's failure 
 to file the affidavit was the result of mistake, inadvertence, 
 surprise, or excusable neglect. An attorney reinstated 
 pursuant to this section shall not be required to show proof 
 of rehabilitation. 
  
 An attorney who has been suspended for a period longer 
 than one year must file a petition with the Presiding 
 Disciplinary Judge for reinstatement and must prove by clear 
 and convincing evidence that the attorney has been 
 rehabilitated, has complied with all applicable disciplinary 
 orders and with all provisions of this chapter, and is fit to practice law. 
  
 If the attorney remains suspended for five years or 
 longer, reinstatement shall be conditioned upon certification 
 by the state board of law examiners of the attorney's 
 successful completion, after the expiration of the period of 
 suspension, of the examination for admission to practice law 
 and upon a showing by the attorney of such other proof of 
 professional competence as the Supreme Court or a Hearing Board may require; 
 provided, however, that filing a petition for reinstatement 
 within five years of the effective date of the suspension of 
 the attorney tolls the five-year period until such time as the 
 Hearing Board rules on the petition. 
  
 (c)Petition for Reinstatement. 
 Any attorney who has been suspended for a period longer than one year must file a 
 petition with the Presiding Disciplinary Judge for an order of 
 reinstatement if the attorney wishes to be reinstated to 
 practice law. The petition must be properly verified and, 
 when filed, a copy must be furnished to the Regulation Counsel. 
  
 The petition for reinstatement must set forth: 
  
 (1)The date the order of suspension was entered and the 
 effective date thereof, and a copy of the disciplinary order 
 or opinion; 
  
 (2)The date on which all prior petitions for 
 reinstatement were filed and the disposition thereof; 
  
 (3) The facts other than passage of time and absence of 
 additional misconduct upon which the petitioning attorney 
 relies to establish that the attorney possesses all of the 
 qualifications required of applicants for admission to the Bar 
 of Colorado, fully considering the previous disciplinary 
 action taken against the attorney; 
  
 (4)Evidence of compliance with all applicable 
 disciplinary orders and with all provisions of this Chapter 
 regarding actions required of suspended lawyers; 
  
 (5)Evidence of efforts to maintain professional 
 competence through continuing legal education or otherwise 
 during the period of suspension; and 
  
 (6)A statement of restitution made as ordered to any 
 persons and the Colorado Attorneys' Fund for Client Protection 
 and the source and amount of funds used to make restitution. 
  
 (d)Reinstatement Proceedings. 
 Immediately upon receipt 
 of a petition for reinstatement the Regulation Counsel shall 
 conduct any investigation the Regulation Counsel deems 
 necessary. The petitioner shall cooperate in any such 
 investigation. 
  
 The Regulation Counsel shall submit an answer to the 
 petition. Thereafter, the petition for reinstatement shall be 
 reviewed in procedures identical to those outlined by these 
 Rules governing hearings of complaints. 
  
 The Regulation Counsel may present evidence bearing upon 
 the matters in issue, and the attorney seeking reinstatement 
 shall bear the burden of proving by clear and convincing 
 evidence the averments in the petition. 
  
 (e)Hearing Board Decision. 
 In deciding whether to grant 
 or deny the petition, the Hearing Board shall consider the 
 attorney's past disciplinary record. 
 The Hearing Board may condition reinstatement upon compliance 
 with any additional orders it deems appropriate, including but 
 not limited to the payment of restitution to any person harmed 
 by the misconduct for which the petitioner was suspended. 
  
 (f)Readmission and Reinstatement Proceedings Before 
 the Supreme Court. 
 An attorney whose petition for readmission or reinstatement is 
 denied by the Hearing Board may 
 proceed before the Supreme Court in a manner identical to that 
 outlined in C.R.C.P. 251.27. 
  
 (g)Successive Petitions. 
 No petition for reinstatement 
 under this Rule shall be accepted within two years following a 
 denial of a previous petition for reinstatement filed on 
 behalf of the same person. 
  
 (h)Public Information. 
 Notwithstanding the provisions of C.R.C.P. 251.31, and any Rule relating to the 
 confidentiality of Bar admissions, petitions for reinstatement 
 and applications for readmission shall be matters of public 
 record. 
  
 Any hearing held under sections (a) and (d) of this Rule shall be open to the public. 
  
 (i)Cost Deposit. 
 Petitions for readmission or 
 reinstatement under this Rule shall be accompanied by a cost 
 deposit of $500 to be used to pay all expenses connected with 
 the reinstatement proceedings. If such costs should exceed 
 $500, the Supreme Court, the Presiding Disciplinary Judge or the presiding 
 officer of the Hearing Board may enter an order requiring the petitioner 
 to supply an additional deposit. Upon the completion of 
 proceedings held pursuant to this Rule an accounting shall be 
 rendered and any portion of the cost deposit unexpended shall 
 be returned to the petitioner. 
  
 (j)Reinstatement on Stipulation. 
 Provided the petition for reinstatement under section (c) of this rule is filed 
 within thirty days prior to the expiration of the period of 
 suspension or ninety days if the period of suspension is 
 longer than one year and provided the attorney seeking 
 reinstatement and the Regulation Counsel, after any 
 investigation the Regulation Counsel deems necessary, 
 stipulate to reinstatement, the Regulation Counsel shall file 
 with the Presiding Disciplinary Judge the stipulation 
 containing such terms and conditions of reinstatement, if any, 
 as may be agreed. Upon receipt of the stipulation, the 
 Presiding Disciplinary Judge may approve the stipulation 
 following an appearance by the attorney before the Presiding 
 Disciplinary Judge and enter an order of reinstatement on the 
 terms and conditions contained in the stipulation or reject 
 the stipulation and order that a hearing be held by a Hearing 
 Board as provided in section (d) of this rule. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective July 1, 1998; 
 entire rule amended and effective September 1, 2000. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.22. 
  
  
  
 Annotator's note. 
 The following annotations include cases decided under former 
 provisions similar to this rule. 
  
 Readmission conditioned upon full compliance with section 
 (a) and full payment of costs and restitution. 
 People v. Young, 673 P.2d 1003 (Colo. 1984); 
 People v. Rice, 708 P.2d 785 (Colo. 1985). 
  
 Readmission conditioned upon full compliance with disciplinary orders 
 issued in foreign disbarment. People v. Montano, 744 P.2d 480 (Colo. 1987). 
  
 Even where suspension is only for six months, reinstatement can be 
 conditioned on compliance with sections (c) and (e) of this section and 
 the undergoing of a mental health examination by a licensed mental health 
 professional.  People v. Goens, 770 P.2d 1218 (Colo. 1989). 
  
 Attorney suspended for only six months may be required to petition for 
 reinstatement under subsection (c).  People v. Garrett, 802 P.2d 1082 (Colo. 
 1990). 
  
 Reinstatement after six-month suspension may be conditioned upon compliance 
 with subsections (c) and (d) and a showing that the attorney's ability to 
 fulfill his responsibilities as a lawyer is not impaired by any depression 
 from which he is suffering.  People v. Sullivan, 802 P.2d 1091 (Colo. 1990). 
  
 Person not entitled to admission to bar not entitled to reinstatement. 
 Where a disciplined respondent was not qualified to take the bar examination 
 in the first instance, he will never be entitled to apply for 
 reinstatement pursuant to this rule. 
 People v. Culpepper, 645 P.2d 5 (Colo. 1982). 
  
 Rule permits court to negate automatic reinstatement provision 
 in order of suspension for six months.  People v. Mayer, 744 P.2d 509 
 (Colo. 1987). 
  
 Fact that psychiatric condition contributed to violations 
 of code of professional responsibility requires application 
 to grievance committee for reinstatement, including presentation 
 of evidence of psychiatric and emotional condition that indicates 
 fitness to practice law. 
 People v. Fleming, 716 P.2d 1090 (Colo. 1986). 
  
 Requiring that a psychiatric evaluation precede reinstatement 
 after suspension of longer than one year is justified by respondent's erratic 
 behavior with respect to his handling of cases on which discipline is 
 based and his conduct during the disciplinary proceedings, including his 
 threatening manner toward prosecutor.  People v. Fagan, 745 P.2d 249 (Colo. 
 1987). 
  
 Reinstatement conditioned upon compliance with subsection (b), payment of 
 costs and restitution, and filing reports and making payments to referral 
 service.  People v. Taylor, 799 P.2d 930 (Colo. 1990). 
  
 Reinstatement conditioned upon compliance with subsections (c) and (d) of 
 this rule and the payment of costs and restitution. People v. Anderson, 817 
 P.2d 1035 (Colo. 1991). 
  
 Reinstatement conditioned upon compliance with subsections (c) and (d), 
 full 
 payment of restitution ordered in connection with felony tax convictions, and 
 costs of disciplinary proceeding. People v. Mandell, 732 P.2d 813 (Colo. 
 1991). 
  
 Reinstatement conditioned upon compliance with subsections (b) to 
 (d) of this rule, demonstration of mental and emotional fitness to practice, 
 and the payment of costs.  People v. Smith, 830 P.2d 1003 (Colo. 1992); 
 People v. Holmes, 921 P.2d 44 (Colo. 1996). 
  
 Reinstatement conditioned upon compliance with subsections (b) to (d) of 
 this rule.  People v. Moore, 849 P.2d 40 (Colo. 1993); 
 People v. Regan, 871 P.2d 1184 (Colo. 1994). 
  
 Reinstatement conditioned upon compliance with subsections (b) to 
 (d) of this rule, completion of drug and alcohol treatment, and the payment 
 of costs and restitution. People v. Driscoll, 830 P.2d 1019 (Colo. 1992). 
  
 Reinstatement conditioned upon compliance with subsections (b) to (d) of 
 this rule and payment of costs.  People v. Genchi, 849 P.2d 28 (Colo. 
 1993). 
  
 Readmission of attorney disbarred after conviction for bank fraud 
 conditioned upon demonstrating rehabilitation by clear and convincing 
 evidence, 
 including whether he restored all amounts lost by the banks for which he is 
 or was personally liable.  People v. Terborg, 848 P.2d 346 (Colo. 1993). 
  
 Reinstatement conditioned on proof by clear and convincing evidence of 
 rehabilitation.  People v. Brenner, 852 P.2d 456 (Colo. 1993). 
  
 Reinstatement conditioned upon compliance with subsections (b) to (d) of 
 this rule along with the conditions of reinstatement set forth in the Finding 
 of Fact, Conclusions and Recommendation of the hearing board.  People v. 
 Kargol, 854 P.2d 1267 (Colo. 1993). 
  
 Reinstatement of attorney suspended for one year and one day 
 conditioned upon 
 attorney demonstrating what amount of harm client suffered as a result of his 
 misconduct, that he made appropriate restitution to her for that harm, and that 
 attorney is emotionally and psychologically able to practice law.  People v. 
 Davies, 926 P.2d 572 (Colo. 1996). 
  
 Complainant's specific averments refuting attorney-respondent's averments 
 contained in the petition for reinstatement did not constitute affirmative defenses to 
 the petition for reinstatement, thus shifting the burden of proof borne by 
 attorney-respondent under C.R.C.P. 241.22 (d) (now this rule) to the complainant. 
 In re Price, 18 P.3d 185 (Colo. 2001). 
  
 It was appropriate to require an attorney to petition for reinstatement 
 under this rule, even though his period of suspension for violating 
 disciplinary rule did not exceed one year, where the extraordinary number of 
 previous matters in which the attorney was cited for neglect showed the need 
 for a demonstration that he had been rehabilitated. People v. C De Baca, 862 
 P.2d 273 (Colo. 1993). 
  
 Applied in People v. Dixon, 621 P.2d 322 (Colo. 1981); 
 People v. Archuleta, 638 P.2d 255 (Colo. 1981); 
 People v. Barbour, 639 P.2d 1065 (Colo. 1982); 
 People v. Goss, 646 P.2d 334 (Colo. 1982); 
 People v. Dwyer, 652 P.2d 1074 (Colo. 1982); 
 People v. Awenius, 653 P.2d 740 (Colo. 1982); 
 People v. Craig, 653 P.2d 1115 (Colo. 1982); 
 People v. Kane, 655 P.2d 390 (Colo. 1982); 
 People v. Roehl, 655 P.2d 1381 (Colo. 1983); 
 People v. Brackett, 667 P.2d 1357 (Colo. 1983); 
 People v. Whitcomb, 676 P.2d 11 (Colo. 1983); 
 People v. Tucker, 676 P.2d 680 (Colo. 1983); 
 People v. Baca, 691 P.2d 1136 (Colo. 1984).