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Back to question index 38. How is a disability status terminated?

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Back to question index 38. How is a disability status terminated?

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• Any lawyer transferred to disability status shall be entitled to petition for transfer to active status once a year, or at whatever shorter intervals the district court may direct. • The district court grants the petition upon a showing by clear and convincing evidence that the disability has been removed. • If a lawyer transferred to disability status on the basis of a judicial determination of incompetence is subsequently declared to be competent, the district court may dispense with further evidence that the lawyer’s disability has been removed and immediately order the lawyer’s reinstatement to active status.

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