Rule 20. Disability Inactive Status (Effective September 1, 2019.)

(a) Disability Inactive Status. — Where it is shown that an attorney is unable to fulfill professional responsibilities competently because of physical, mental or emotional infirmity or illness, including addiction to drugs or intoxicants, the attorney shall be transferred to disability inactive status. During such time as an attorney is on disability inactive status the attorney shall not engage in the practice of law. Proceedings instituted regarding an attorney pursuant to this rule are disability proceedings. Transfer to disability inactive status is not a form of discipline and does not involve a violation of the attorney’s oath. The pendency of proceedings provided for by this rule shall not defer or abate other proceedings conducted pursuant to these rules, unless after a hearing the Hearing Panel determines that the attorney is unable to assist in the defense of those other proceedings because of the disability. If such other proceedings are deferred, then the deferral shall continue until such time as the attorney is found to be eligible for reinstatement as provided in Rule 23. (b) Transfer to Disability Inactive Status Without a Hearing. — Where an attorney who is subject to these rules has been judicially declared mentally ill, or has been involuntarily committed to a mental hospital, or has voluntarily petitioned for the appointment of a guardian, or has been found not guilty by reason of insanity in a criminal proceeding in a court of record, the BPR, upon proper proof of the fact, shall issue a report and recommendation that the attorney be transferred to disability inactive status. The matter shall proceed before the Court as provided in Rule 16. If the Court orders the attorney transferred to disability inactive status, such order shall remain in effect unless altered by the Court. A copy of the order transferring an attorney to disability inactive status shall be served upon the attorney and upon either the attorney’s guardian or the superintendent of the hospital in which the attorney is confined. (c) Procedure When Disability is Alleged. — After a petition for disability inactive status has been filed, the Hearing Panel Chair shall direct such action as is deemed necessary or proper to determine whether the attorney is incapacitated, including an examination of the attorney by qualified medical experts designated by the Hearing Panel Chair; provided, however, that before any medical examination or other action may be ordered, the Hearing Panel Chair must afford the attorney an opportunity to show cause why such examination or action should not be ordered. An attorney against whom disability proceedings are pending shall be given notice of such proceedings. The Hearing Panel Chair may appoint counsel to represent the attorney if the attorney is without adequate representation. If, following a hearing and upon due consideration of the matter, the Hearing Panel determines that the attorney is incapable of continuing to practice law or is incapable of defending in proceedings conducted pursuant to these rules, the Hearing Panel shall issue a report and recommendation that the attorney be transferred to disability inactive status. The matter shall proceed before the Court as provided in Rule 16. (d) Procedure When Attorney During Course of Proceedings Alleges a Disability that Impairs the Attorney’s Ability to Defend Himself. — If in the course of proceedings conducted pursuant to these rules the attorney alleges disability by reason of physical, mental or emotional infirmity or illness, including addiction to drugs or intoxicants, that impairs the attorney’s ability to defend adequately in such proceedings, such proceedings shall be suspended and the Hearing Panel Chair shall order a medical examination of the attorney. Upon review of the report of the medical examination and other relevant information, the Hearing Panel Chair may do any of the following: (1) Order a hearing on the issue of whether the attorney suffers from a disability that requires the attorney to be transferred to disability inactive status; (2) Order that the proceedings pending against the attorney be resumed; (3) Enter any other appropriate order, including an order directing further examination of the attorney. (e) Burden of Proof. — In a disability proceeding seeking the transfer of an attorney to disability inactive status Bar Counsel shall bear the burden of proof by clear and convincing evidence. (f) Hearings. — Any hearings held pursuant to this Rule shall be conducted in the manner prescribed by Rule 15. (Adopted February 20, 2015, effective July 1, 2015; amended June 25, 2019, effective September 1, 2019.)