Idaho Bar Comm. R. 212

As amended through November 5, 2024
Rule 212 - Conditional Admission
(a)Conditional Admission. An Applicant who currently satisfies the essential eligibility requirements for admission to practice law, including fitness requirements, and who possesses the requisite character required for admission, may be conditionally admitted to practice law if the Applicant demonstrates recent rehabilitation from chemical dependency or successful treatment for mental or other illness, or from any other condition the Supreme Court deems appropriate, that has resulted in conduct or behavior that would otherwise have rendered the Applicant currently unfit to practice law, and the conduct or behavior, if it should recur, would impair the Applicant's current ability to practice law or would pose a threat to the public.
(b)Procedure. The CF Committee shall make conditional admission recommendations to the Board. The Board shall make recommendations to the Supreme Court. Those recommendations shall include recommended relevant conditions that an Applicant must comply with during the period of conditional admission. The Supreme Court has the authority to grant conditional admission based upon conditions the Supreme Court determines appropriate under the circumstances.
(c)Conditions. The CF Committee and the Board may recommend, and the Supreme Court may order, that an Applicant's admission be conditioned on the Applicant's complying with requirements that are designed to detect behavior that could render the Applicant unfit to practice law and to protect clients and the public. Conditions may include the following: alcohol, drug or mental health treatment; medical, psychological or psychiatric care; participation in group therapy or support; random chemical screening; office practice or debt management counseling; monitoring, supervision or mentoring; or other conditions deemed appropriate by the CF Committee, Board or Supreme Court. The conditions shall be tailored to detect recurrence of the conduct or behavior which could render an Applicant unfit to practice law or pose a risk to clients or the public and to encourage continued abstinence, treatment or other support. The conditions should be established on the basis of clinical or other appropriate evaluations, take into consideration the recommendations of qualified professionals, when appropriate, and protect the privacy interests of the conditionally admitted attorney in professional treatment records to the extent possible. The conditions shall be set forth by the Supreme Court in a Conditional Admission Order. The Conditional Admission Order shall be made a part of the conditionally admitted attorney's Application file and shall remain confidential, except as provided in this and any other applicable rules.
(d)Length of Conditional Admission. The initial conditional admission period as established in the Conditional Admission Order shall not exceed sixty months.
(e)Compliance with Conditional Admission Order. During the conditional admission period, the CF Committee shall take such action as is necessary to monitor compliance with the terms of the Conditional Admission Order, including requiring an appearance before the CF Committee or Board, and requiring responses to requests for information by the CF Committee or Board.
(f)Failure to Fulfill the Terms of Conditional Admission. Failure of a conditionally admitted attorney to fulfill the terms of a Conditional Admission Order may result in modification of the order, including extension of the period of conditional admission, suspension or termination of the conditional admission or such other action as may be appropriate under the Admission Rules.
(g)Violation of Conditional Admission Order. If the Board determines that the conditions of the Conditional Admission Order have been violated, the Board shall cause Bar Counsel to initiate proceedings to determine whether the conditional admission should be terminated, extended or modified.
(h)Termination. The Bar may petition the Supreme Court for an order to show cause why the conditional license should not be immediately terminated. If a petition is filed:
(1) The Supreme Court shall examine the petition and determine whether a prima facie showing of a violation of the Conditional Admission Order has been demonstrated. If the Supreme Court determines that such a showing has been made, it shall immediately suspend the conditional license and Conditional Admission Order and issue an order to show cause why the conditional license should not be permanently terminated.
(2) The conditionally admitted attorney may indicate an intent to contest the termination of the conditional license by filing a verified response to the order to show cause, in which case the Supreme Court shall assign the matter to a special master or hearing officer for hearing and recommendation.
(3) Following the hearing, the special master or hearing officer may recommend, and the Supreme Court may order, the conditional admission be permanently terminated, extended or modified.
(4) The hearing shall be conducted as provided in I.B.C.R. 511, except that the order to show cause and verified response shall serve as the complaint and answer.
(i)Expiration of Conditional Admission Order.
(1) Unless the conditional admission is terminated or extended or a petition to terminate for a violation of a Conditional Admission Order is pending, the conditions imposed by the Conditional Admission Order shall expire upon completion of the period of conditional admission.
(2) At least sixty days prior to the expiration of the conditional license, a conditional licensee may apply for a renewal of the conditional license or for a regular license to practice law by filing a written request with the Bar.
(j)Confidentiality. Except as otherwise provided herein, and unless the Supreme Court orders otherwise, the fact that an individual is conditionally admitted and the terms of the Conditional Admission Order shall be confidential, provided that the Applicant shall disclose the entry of any Conditional Admission Order to the admissions authority in any jurisdiction where the Applicant applies for admission to practice law. These provisions for confidentiality shall not prohibit or restrict the ability of the Applicant to disclose to third parties that the Applicant has been conditionally admitted under this rule, nor prohibit requiring third-party verification of compliance with terms of conditional admission by admission authorities in jurisdictions to which the conditionally admitted attorney may subsequently apply.

Id. Bar Comm. R. 212