RULE 9. REINSTATEMENT

(a) After Reciprocal Disbarment or Suspension. If disbarment by this court was based on a disbarment by another court or agency or a suspension was directed to run concurrently with a suspension ordered by another court or agency, then an attorney is eligible for reinstatement when the original discipline is lifted or expires. An attorney must submit an affidavit notifying this court of the action of the court that imposed the original discipline. The clerk of court will refer an attorney’s notification affidavit to the Standing Panel. Unless otherwise ordered, the clerk of court will issue an order reinstating the attorney within fourteen (14) days after reference to the Standing Panel. (b) After Disbarment. An attorney who has been disbarred as a result of misconduct before this court may not apply for reinstatement until the expiration of five (5) years from the effective date of the disbarment. (c) After Suspension. (1) (2) An attorney who has been suspended with automatic reinstatement as a result of misconduct before this court may file an affidavit of compliance with the suspension order after the suspension period has expired. The clerk of court will issue an order reinstating the attorney within fourteen (14) days. An attorney who has been suspended conditioned on applying for reinstatement as a result of misconduct before this court may file an application after the suspension period expires. Federal Circuit Rules of Practice (December 1, 2025) Page 223 (Return to Table of Contents) (d) Application for Reinstatement. The clerk of court will refer an application for reinstatement to the Standing Panel. Any request for a hearing must be included in an application. (1) (2) The Standing Panel may issue an order granting an application or, if no hearing is requested, may issue an order denying an application. If the Standing Panel is not satisfied initially that reinstatement is appropriate and a hearing is requested, the Standing Panel will schedule a hearing. The Standing Panel will decide whether a hearing will be oral or evidentiary. At a hearing the applicant has the burden of showing that he or she has the moral qualifications, law required for competency, and readmission and that the resumption of practice will not be detrimental to the integrity and standing of the bar or to the administration of justice. learning in the (3) At the conclusion of a proceeding, the Standing Panel will issue a final order. Further review will be in accordance with Rule 5(g). (e) Successive Application. A successive application for reinstatement may not be filed until one (1) year has elapsed after an adverse decision on an earlier application.