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RULE 30. Abatement or Modification of Conditions of Discipline or Reinstatement
Where a Single Justice has imposed conditions in an order of discipline or in an order of reinstatement, the lawyer may request of the Single Justice an order of abatement discharging the lawyer from the obligation to comply with the conditions, or an order modifying the conditions. The lawyer may so request either prior to or as part of the lawyer?s petition for reinstatement. The Single Justice may grant the request if the lawyer shows by clear and convincing evidence that the lawyer has made a timely, good faith effort to meet the condition(s).
Reporter?s Notes ? June 2015
Rule 30 adopts Model Rule 26 in its entirety. The rule permits a respondent to ask the Court for an order discharging the lawyer from the obligation to comply with certain discipline conditions. The former Maine Bar Rules contain no equivalent provision, but the committee concluded that it would be advantageous to include a specific rule clarifying the Court?s power to abate or modify conditions imposed on attorneys in disciplinary orders and orders for reinstatement or readmission. The committee also felt that the rule was in accord with current Maine practice, and the power to modify or discharge an attorney?s discipline obligations is an inherent power of the Court.
