Idaho Bar Comm. R. 216

As amended through September 30, 2024
Rule 216 - Review by the Supreme Court
(a)Petition for Review. Following a show cause hearing, an Applicant may petition for Supreme Court review of the denial of an Application or Request, modification of an Application or Request, or a conditional admission recommendation.
(b)Standard of Review. The standard of review on all petitions is arbitrary and capricious.
(c)Procedure for Filing. The Applicant must:
(1) File a verified petition for review setting forth with particularity the facts and acts upon which the petition is based, together with an original and six copies with the Clerk of the Supreme Court;
(2) Pay a filing fee to the Clerk of the Supreme Court as provided in Idaho Code sections 1-402 and 1-2003; and
(3) Serve one copy of the petition on Bar Counsel.
(d)Time for Filing. Any petition for review shall be filed with the Clerk of the Supreme Court and served upon Bar Counsel within twenty-one days from the date of receipt of the notice of the adverse action or determination.
(e)Record of Show Cause Hearing. Within fourteen days after filing the petition for review, the Bar shall file the transcript and record of the show cause hearing with the Clerk of the Supreme Court.
(f)Answer of Board. Within fourteen days from the date of filing the record, the Board shall file a responsive pleading.
(g)Hearing and Arguments. The Supreme Court may make its determination solely from the pleadings filed or may order a hearing for purposes of receiving additional evidence or oral argument.
(h)Relief Granted. If a petition is granted review following de novo review, the Supreme Court shall grant relief as it deems appropriate.
(i)Consideration of Conditional Admission. Upon receipt of the Board recommendation of conditional admission as provided in Rule 212, the Supreme Court shall consider the matter as follows:
(1) If the Applicant did not request a show cause hearing before the Board, or following the show cause hearing the Applicant did not file a petition, the matter shall be considered submitted and the Supreme Court may consider the Board's findings of fact, conclusions of law and recommendation and motion without further input;
(2) If a show cause hearing was conducted, and the Applicant objects to the Board's recommendation, the Applicant shall file a petition as set forth in subsection (c) above.
(3) The Supreme Court may:
(A) Issue an order on the basis of the existing record;
(B) Request briefs and/or oral argument;
(C) Remand the matter to the Board for further consideration; or
(D) Take other action as it deems appropriate.

Id. Bar Comm. R. 216