Reinstatement

(1) Suspension of less than 3 consecutive years. (a) A lawyer whose suspension for noncompliance under SCR 31.10(1) has been for a period of less than 3 consecutive years may file a petition with the board for reinstatement to membership in the state bar. Payment in the amount of $100.00 and any applicable late fee shall accompany the petition. (b) Within 60 days after service of a petition for reinstatement, the board shall make a determination regarding compliance. If the board determines that the lawyer is in compliance with all requirements under this chapter, it shall reinstate the lawyer's membership in the state bar. The board shall certify the names of all lawyers so reinstated to the clerk of the supreme court, all supreme court justices, all court of appeals and circuit court judges, all circuit court commissioners appointed under SCR 75.02(1) in this state, all circuit court clerks, all juvenile court clerks, all registers in probate, the executive director of the state bar of Wisconsin, the Wisconsin State Public Defender’s Office, and the clerks of the federal district courts in Wisconsin. (c) If the board denies a petition for reinstatement, the board shall serve a notice of denial on the lawyer. After denial, a hearing shall be held by the board only upon written petition of the lawyer made within 30 days of service of the notice of denial, which petition for hearing shall be served on the board. The board shall conduct the hearing within 60 days after service of the petition for hearing and shall make and serve its findings and recommendations on the lawyer within 60 days after the close of the hearing, and, if adverse to the lawyer, shall notify the supreme court of its action. If reinstatement is denied, the findings and recommendations of the board shall be reviewed by the supreme court only upon written petition by the lawyer filed within 30 days of the date 264 of the action of the board. (1m) Suspension of 3 or more consecutive years. (a) A lawyer whose suspension has been for a period of 3 or more consecutive years may file a petition for reinstatement with the supreme court and serve a copy on the board and the office of lawyer regulation. Separate payments in the amount of $200 each shall be made to the board of bar examiners and the office of lawyer regulation shall accompany the petition. Costs regarding the petition for reinstatement under subsection (1m) may be assessed against the petitioner, as provided in SCR 22.24. Comment (b) Within 90 days after service of the petition, the board shall make a determination regarding compliance and file its finding with the supreme court. (c) Within 90 days after service of the petition, the director of the office of lawyer regulation shall investigate the eligibility of the petitioner for reinstatement and file a response with the supreme court in support of or opposition to the petition. (3) Petition for reinstatement. The petition for reinstatement shall state in detail the manner in which the lawyer has complied with all requirements under this chapter. Only verified attendance at sufficient hours of approved CLE activities for the period of suspension shall be considered full compliance with the attendance requirements of this chapter. (4) Disciplinary suspension. A lawyer suspended as a result of disciplinary action following referral under SCR 31.10(2) may petition the supreme court for reinstatement under SCR 22.28. Comment Costs regarding the petition for reinstatement under subsection (4) may be assessed against the petitioner, as provided in SCR 22.24.