Rule 306. Membership Status

(a) Active Status. An active member of the Bar is an attorney who is admitted to practice in any of the three categories set forth in Rules 301, 302 and 304, who is in good standing, and who actually engages in the practice of law as authorized.

(b) Inactive Status.

(1) An inactive member of the Bar is an attorney who ceases to actively practice law in the Virgin Islands, provided, however, that no attorney shall be deemed to be an inactive member unless a petition for such status is filed with the Court setting forth the reasons therefor. Upon receipt of the petition, the Court, for good cause shown, may grant the petition. The pendency of disciplinary or other similar proceeding anywhere shall be a bar to the grant of inactive status. Prior to the grant of inactive status, all pending cases in which the member is attorney of record shall be disclosed to the Court and appropriate action taken to arrange for substitute counsel.

(2) An active member of the Bar who elects to become inactive shall file an application with the court requesting such status and setting forth the reasons therefor. Upon approval of the application, the Bar Association shall be notified and the member shall not engage in the practice of law in the territory except as provided herein. Any member who engages in the active practice of law in any form while on inactive status shall be subject to the contempt powers of the court and such other disciplinary action for misconduct as might be recommended by the Virgin Islands Bar Association.

(3) Upon motion made to the Court by the secretary of the Virgin Islands Bar Association or by the court, sua sponte, an active member who ceases to actively practice law in the Virgin Islands without having requested inactive status, may be suspended from the practice of law. Such suspended member may not be reinstated to full active membership except upon proof that, within a reasonable time after his application for reinstatement, he intends to actively practice law in the Virgin Islands.

(4) An inactive member of the Virgin Islands Bar in good standing who is interested in litigation filed in the Territorial Court may, in the discretion of a judge of the Territorial Court and upon the payment of all appropriate dues and fees, be permitted to participate in the litigation as an active member of the Virgin Islands Bar.

(c) Voluntary Resignation or Withdrawal and Reinstatement.

Any member of the Bar may voluntarily resign therefrom, provided that:

(1) the resignation was not filed in lieu of disciplinary proceedings, suspension or disbarment;

(2) at least 60 days advance notice is given to his clients, to the bar, and to this court; and

(3) adequate arrangements are made to transfer pending cases to other counsel or to conclude all pending cases.

(d) A member who has voluntarily resigned or withdrawn from the Bar may petition the court at any time for reinstatement, provided that satisfactory proof by affidavit is submitted to the court certifying that since his resignation or withdrawal he was not subject to any disciplinary proceedings in any jurisdiction, and provided further that he is currently of good moral character, and that he has met all obligations to his former clients.--Adopted Oct. 14, 1994, eff. Nov. 16, 1994; amended May 12, 1998.