Back to question index 40. What is the standard of proof in disability proceedings and who has the burden of proof?
• Petitions for transfer to and from disability status are established by a preponderance of the evidence. • The district court grants a petition for transfer to active status 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. • The burden of proof in proceedings seeking transfer to disability status is on the Bar. The burden of proof in proceedings seeking transfer from disability status is on the lawyer.
Related Questions
- Back to question index 32. What is the standard of proof in reinstatement and readmission proceedings and who has the burden of proof?
- Back to question index 40. What is the standard of proof in disability proceedings and who has the burden of proof?
- Back to question index 25. What is the standard of proof in interim suspension proceedings?
