Section 61.01.02.080 - REVIEW OF ROSTER DECISIONS01.Denial of Initial Inclusion on the Defending Attorney Roster. a. An attorney may appeal a denial of initial inclusion on the Defending Attorney Roster by submitting a notice of appeal within fourteen (14) days of the date of the notice of denial.b. The Commission will review a timely appeal and issue a final agency order affirming or reversing the denial, or take other action deemed appropriate by the Commission.02.Denial of Initial Inclusion on the Capital Defending Attorney Roster.a. A Defending Attorney may appeal a denial of initial inclusion on the Capital Defending Attorney Roster by submitting a notice of appeal within fourteen (14) days of the date of the notice of denial.b. A hearing officer appointed by the Commission will review a timely appeal and issue a recommended order to the Commission.c. The Commission will issue a final agency order adopting or rejecting the hearing officer's recommended order, or take other action deemed appropriate by the Commission.03.Emergency Removal of an Attorney from the Defending Attorney Roster or Capital Defending Attorney Roster.a. To prevent or avoid immediate danger when:i. An attorney's Idaho license to practice law is suspended;ii. An attorney is disbarred in Idaho; oriii. An attorney's Idaho license status is inactive.b. The attorney will be removed by the Executive Director who will notify the attorney and Commission upon issuance of the notice of removal which will include a statement of the immediate danger and is effective immediately.c. An appeal of the removal under Subsection 080.03 of these rules, will be reviewed by the Commission in an emergency proceeding under Section 67-5247, Idaho Code;d. An attorney may appeal their emergency removal by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the date of the Executive Director's notice of removal.e. The Commission will review a timely appeal and issue a decision within twenty-eight (28) days of receipt of timely filed notice and materials.f. The Commission may base its decision on a written record or elect to hold a hearing.04.Removal of an Attorney from the Defending Attorney Roster or Capital Defending Attorney Roster for Other Reasons.a. An attorney removed from a Roster for reasons other than set forth in Subsection 080.03 of these rules, may appeal their removal by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the Executive Director's order of removal. A Defending Attorney will remain on the Roster pending resolution of the appeal. A Defending Attorney who fails to file a notice of appeal within fourteen (14) days will be immediately removed from the Roster.b. The Commission will review a timely appeal and issue a final agency order affirming or reversing the Executive Director's decision, or take other action deemed appropriate by the Commission.05.Confidentiality. Information about an attorney's fitness to represent Indigent Persons is confidential and exempt from Public Records Act under Section 74-105(18)(a), Idaho Code.Idaho Admin. Code r. 61.01.02.080
Effective April 10, 2024 (Temporary)