Rule 229 - Military Spouse Provisional Admission(a) Qualifications. In order to be admitted to practice law without taking the Idaho bar examination, a Provisional Admission Applicant must show to the satisfaction of the Board that he or she:(1) Has met the qualifications for admission under Rule 202;(2) Has passed a written bar examination and was admitted as an attorney by the highest court in any state or territory of the United States or the District of Columbia;(3) Possesses the moral character and fitness required of all other Applicants for admission;(4) Has paid all required Application fees and costs;(5) Has not failed the Idaho bar examination in the five (5) years immediately preceding theApplication;(6) Is not limited in his or her right to practice in any state in which the Applicant is admitted;(7) Is identified by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) as dependant of a member of the United States Uniformed Services; and(8) Is residing in Idaho due to the servicemember's military orders to the State of Idaho.(b)Procedure. To apply for Provisional Admission, an Applicant must file with the Board: (1) An application for Provisional Admission along with an application fee of $690;(2) A copy of the spouse's military orders to a military installation in Idaho which lists the Applicant as a dependent authorized to accompany the servicemember to Idaho;(3) A certificate of good standing from each jurisdiction in which the Applicant maintains a law license;(4) A Notice which: (A) Designates supervising Local Counsel and the address and telephone number of Local Counsel; and(B) Provides the written consent of Local Counsel.(c)Duration and Renewal. A provisional license will be valid for one (1) year from the date of issuance, unless it is terminated by the occurrence of such situation as provided for below in Section (j). (1) A provisional license may be renewed at the end of each year, for a period of one (1) year, upon: (A) Filing a written request for renewal with the Board;(B) Submitting an affidavit by supervising Local Counsel that certifies: (i) The Applicant's continuing employment with Local Counsel; and (ii) Local Counsel's adherence to the supervision requirements as provided under this rule.(C) Payment of a $300 application fee.(d)Time and Manner for Admission. Provisional Admission Applicants shall be admitted as provided in Rule 220.(e)Supervision. A Provisional Attorney may engage in the practice of law in this jurisdiction under the supervision and direction of Local Counsel. (1)Local Counsel.(A) As used in this rule, Local Counsel means an active member of the Bar with whom the court and opposing counsel may readily communicate regarding the conduct of the case.(B) Unless specifically excused from attendance by the trial judge, Local Counsel shall personally appear with the Provisional Attorney on all matters before the court.(C) Local Counsel will be responsible to the court, the Bar, the Supreme Court and the client for all services of the Provisional Attorney provided pursuant to this rule.(f)Consent. A Provisional Attorney consents to the exercise of disciplinary jurisdiction by the Idaho Supreme Court and the Bar over any alleged misconduct which occurs in which that attorney participates.(g)Pleading. On all court filings in which the name of the Provisional Attorney appears, the Provisional Attorney shall state his or her attorney license number in the jurisdiction(s) where the attorney is an active member.(h)Record. The Bar shall maintain a record of all Provisional Attorneys as a public record, and shall promptly provide such record to any judge upon request.(i)Termination.(1) A Provisional Attorney shall immediately cease all activities under this rule upon: (A) The spouse's separation or retirement from the United States Uniformed Services; or(B) Failure to meet the annual licensing requirements of an Active Member of the State Bar of Idaho as provided in I.B.C.R. 302(a); or(C) The absence of supervision by Local Counsel; or(D) Permanent relocation outside the State of Idaho; or(E) The Provisional Attorney ceasing to be a dependent as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) on the spouse's official military orders.(2) A provisional license shall be terminated upon:(A) Upon request by the Provisional Attorney;(B) The Provisional Attorney being admitted to the State Bar of Idaho under an admissions rule other than that of Provisional Admission;(C) The Provisional Attorney receiving a failing score on the Idaho Bar Exam;(D) The Provisional Attorney being denied admission to the practice of law in Idaho for violating ethical rules;(E) By the Supreme Court at any time, provided that the Clerk of the Supreme Court shall mail a copy of the notice of termination to the Provisional Attorney and supervising Local Counsel; (F) Upon notice to the State Bar of Idaho, required within thirty (30) days, of: (i) The spouse's separation or retirement from the United States Uniformed Services; or(ii) Permanent relocation to another jurisdiction; or(iii) The Provisional Attorney ceasing to be a dependent as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) on the spouse's official military orders. (3) Upon termination of the provisional license, the Provisional Attorney shall immediately:(A) File in each matter pending before any court or tribunal a notice that the Provisional Attorney will no longer be involved in the case; and(B) Advise all clients receiving representation from the Provisional Attorney that the Provisional Attorney will no longer be representing them. Rule 229 added 3/5/2012; effective 7/1/2012.