- - Section 1. Scope
- - Section 2. Definitions
- - Section 3. Committee on Professional Conduct
- - Section 4. Committee Panels
- - Section 5. Office of Professional Conduct
- - Section 6. Confidentiality, Records
- - Section 7. Procedure
- - Section 8. Discovery
- - Section 9. Service of Complaint, Response, Failure to Respond, Reconsideration
- - Section 10. Vote by Ballot
- - Section 11. Public Hearing
- - Section 12. Appeal
- - Section 13. Disbarment Proceedings
- - Section 14. Reciprocal Disbarment or Suspension
- - Section 15. Criminal Activity
- - Section 16. Interim Suspension Procedure
- - Section 17. Sanctions
- - Section 18. Fines, Costs and Restitution
- - Section 19. Factors to be Considered in Imposing Sanction
- - Section 20. Surrender of License, Discipline by Consent
- - Section 21. Duties of Sanctioned Attorney
- - Section 22. Restrictions on Former Attorneys
- - Section 23. Reinstatement
- - Section 24. Readmission to the Bar
- - Section 25. Inactive Status
- - Section 26. Expungement of Dismissals
- - Section 27. Contempt
- - SECTION 28. Attorney trust account and automatic "overdraft" notification procedure
- - See Current/Former Procedures Parallel-References Table
PROCEDURES OF THE ARKANSAS SUPREME COURT
REGULATING PROFESSIONAL CONDUCT
OF
ATTORNEYS AT LAW
SECTION 25. INACTIVE STATUS.
A. Temporary Transfer to Inactive Status. The Committee is authorized to temporarily transfer an attorney to inactive status in the event that:
(1) The attorney has been judicially declared incompetent; or
(2) The attorney has been involuntarily committed due to incapacity or disability; or
(3) The attorney has alleged incapacity during the course of a disciplinary proceeding against him or her; or
(4) The attorney is found by the Committee to be culpable of habitual drunkenness or drug use substantially affecting the attorney's fitness to practice law; or
(5) The attorney is found by the Committee to have appeared in Court while under the influence of alcohol or drugs; or
(6) The attorney is found by the Committee to be unfit to practice law due to mental infirmity whether or not he or she has been judicially declared incompetent; or
(7) Without cause, the attorney requests to be transferred to a voluntary inactive status.
B. All trial judges have the duty to, and shall report to the Committee any attorney appearing before them who, in the trial judge's opinion, is under the influence of alcohol or drugs.
C. The Committee may vote by ballot as provided in Section 10 of these Procedures, on the issue of temporary transfer to inactive status or reinstatement due to an event described in subsections A (1), (2), (3) or (7) of this Section.
D. All other temporary transfers of an attorney to inactive status shall be made only after hearings initiated by the Executive Director or others and conducted in the same manner, where applicable, as provided in Section 11 of these Procedures. Provided further, however, the Committee may in its sound discretion hold a closed hearing and seal the record thereof.
E. For good cause shown, the Committee may order the attorney to submit to a medical, psychiatric or psychological examination by a Committee-appointed expert.
F. No attorney shall be entitled to practice in Arkansas while on inactive status in this State. Upon a transfer to inactive status the attorney, or his or her counsel as may be appropriate, shall comply with Section 21 of these Procedures.
G. The Committee may reinstate an attorney to active status upon a showing that any disability has been removed and the attorney is fit to resume the practice of law.
H. Reinstatement shall be accomplished in accordance with the provisions of Section 23.
I. The filing of a petition for reinstatement shall be deemed a waiver of the doctor-patient privilege regarding the disability.