—Disability Claimed

Course of Disciplinary Proceeding If, during the course of a disciplinary proceed- ing, the respondent contends that he or she is suffering, by reason of mental infirmity or illness, or because of drug dependency or addiction to alcohol, from a disability which makes it impossi- ble for the respondent adequately to defend himself or herself, the court thereupon shall, in a proceeding instituted in substantial accordance with the provisions of Section 2-58, enter an order placing the respondent on inactive status until a determination is made of the respondent’s capac- ity to defend himself or herself. Notice of the insti- tution of inactive status proceedings shall be provided to the statewide bar counsel. If the court determines that the respondent is not incapaci- tated from practicing law, it shall take such action as it deems proper and advisable, including a direction for the resumption of the disciplinary pro- ceeding against the respondent. (P.B. 1978-1997, Sec. 42.) (Amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004.)