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Petition for judicial clemency, C6S48 CPRA

Section 48, Canon VI

SECTION 48. Petition for judicial clemency. – The verified petition for judicial clemency shall allege the following:
(a) that the verified petition was filed after five (5) years from the receipt of the order, decision, or resolution of disbarment;
(b) that the disbarred lawyer has fully complied with the terms and conditions of all prior disciplinary orders, including orders for restitution;
(c) that he or she recognizes the wrongfulness and seriousness of the misconduct for which he or she was disbarred by showing positive acts evidencing reformation;
(d) that he or she has reconciled, or attempted in good faith to reconcile, with the wronged private offended party in the disbarment case, or if the same is not possible, an explanation as to why such attempt at reconciliation could not be made.
Where there is no private offended party, the plea for clemency must contain a public apology; and
(e) notwithstanding the conduct for which the disbarred lawyer was disciplined, he or she has the requisite good moral character and competence.
Any of the following allegations may also be made in support of the petition:
(a) that he or she still has productive years that can be put to good use if given a chance; or
(b) there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Petition for judicial clemency

a. Verified petition

The petition for judicial clemency is required to be verified.

b. Contents

The verified petition for judicial clemency shall allege:

1) That the verified petition was filed after five (5) years from the receipt of the order, decision, or resolution of disbarment;

2) That the disbarred lawyer has fully complied with the terms and conditions of all prior disciplinary orders, including orders for restitution;

3) That he or she recognizes the wrongfulness and seriousness of the misconduct for which he or she was disbarred by showing positive acts evidencing reformation;

4) That he or she has reconciled, or attempted in good faith to reconcile, with the wronged private offended party in the disbarment case, or if the same is not possible, an explanation as to why such attempt at reconciliation could not be made.

4a) Where there is no private offended party, the plea for clemency must contain a public apology; and

5) Notwithstanding the conduct for which the disbarred lawyer was disciplined, he or she has the requisite good moral character and competence.

6) Additional allegations:

(a) that he or she still has productive years that can be put to good use if given a chance; or

(b) there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service.

References

Canon VI, 2023 Code of Professional Responsibility

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