Rule 251.30.Reinstatement after Transfer 
 to Disability Inactive Status 
 (a)Reinstatement Upon Termination of Disability. 
 An attorney who has been transferred to disability inactive 
 status pursuant to C.R.C.P. 251.23 shall be entitled to 
 petition for reinstatement at such time as the Supreme Court 
 or the Presiding Disciplinary Judge may direct. The petition shall be filed 
 with the Presiding Disciplinary Judge, and a copy shall be 
 furnished to the Regulation Counsel. Such petition for 
 reinstatement shall be granted upon a showing by clear and 
 convincing evidence that the attorney's disability has been 
 removed and that the attorney is competent to resume the 
 practice of law. 
  
 Upon receipt of a petition for reinstatement from 
 disability inactive status, the Presiding Disciplinary Judge 
 may take or direct such action as he or she deems necessary 
 or proper to determine whether the attorney is again competent 
 to practice law, including but not limited to the issuance of 
 an order for an examination of the attorney by qualified 
 medical experts designated by the Presiding Disciplinary Judge. 
  
 In addition, the Presiding Disciplinary Judge may direct 
 that the petitioner re-establish proof of competence and 
 learning in law, including certification by the state board of 
 law examiners of the petitioner's successful completion of the 
 examination for admission to practice law. If the petitioner 
 remains on disability inactive status for five years or 
 longer, reinstatement shall be conditioned upon certification 
 by the state board of law examiners of the petitioner's 
 successful completion, within the previous twelve months, of 
 the examination for admission to practice law and upon a 
 showing by the petitioner of such other proof of professional 
 competence as the Supreme Court or the Presiding Disciplinary 
 Judge may require; provided, however, that filing a petition 
 for reinstatement within five years of the effective date of 
 the attorney's transfer to disability inactive status tolls 
 the five-year period until such time as the Presiding 
 Disciplinary Judge rules on the petition. 
  
 When an attorney has been transferred to disability 
 inactive status by an order in accordance with C.R.C.P. 251.23 
 and thereafter has been judicially declared to be competent, 
 the Presiding Disciplinary Judge may dispense with any further 
 evidence of the attorney's return to competence and may direct 
 that the attorney be reinstated upon such terms as are deemed 
 proper and advisable; provided, however, that if a 
 disciplinary proceeding conducted pursuant to these rules and 
 pending against the petitioner was deferred upon the 
 petitioner's transfer to disability inactive status, such 
 proceeding shall be resumed and the petitioner shall not be 
 reinstated pending the final disposition of such proceeding. 
  
 (b)Reinstatement Proceedings. 
 The Presiding Disciplinary Judge may, in the Presiding Disciplinary Judge's 
 discretion, order that reinstatement proceedings identical to 
 those provided for by C.R.C.P. 251.29(d) be conducted. 
  
 (c)Compensation of Medical Experts. 
 The Presiding Disciplinary Judge may fix the compensation to be paid to any 
 medical expert appointed by the Presiding Disciplinary Judge 
 pursuant to this rule. The Supreme Court may direct that such 
 compensation be assessed as part of the costs of a proceeding 
 held pursuant to this Rule and that it be paid as such in 
 accordance with law. 
  
 (d) Waiver of Doctor-Patient Privilege. 
 For the purposes of any proceedings conducted pursuant to this Rule, the filing 
 of a petition for reinstatement by an attorney who has been 
 transferred to disability inactive status shall constitute a 
 waiver of any doctor-patient privilege between the attorney 
 and any psychiatrist, psychologist, physician, treating 
 professional, or other medical expert who has examined or 
 treated the attorney in connection with the disability.  By 
 order of the Supreme Court the attorney may be required to 
 disclose the name of every psychiatrist, psychologist, 
 physician, treating professional, or other medical expert who 
 has examined or treated the attorney in connection with the 
 disability, and to furnish written consent for the disclosure 
 by such persons of any information and records pertaining to 
 such examination or treatment requested by the Supreme Court. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective January 1, 1999; 
 entire rule amended and effective September 1, 2000. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.23. 
  
  
  
 Am. Jur.2d.  See 7 Am. Jur.2d, Attorneys at Law, 
 SectionSection115-117. 
  
 C.J.S.  See 7 C.J.S., Attorney and Client, Section 122. 
  
 Attorney on disability inactive status must demonstrate by clear and convincing 
 evidence that her alcohol-related disability has been removed and that she is once again 
 competent to practice law before she may be reinstated.  People v. Coulter, 950 P.2d 176 
 (Colo. 1998).