Idaho Bar Comm. R. 306

As amended through September 30, 2024
Rule 306 - Transfer
(a)Transfer to Active status.
(1) Members seeking to Transfer to Active status shall:
(A) Submit a written request to the Bar;
(B) Comply with Active member licensing requirements under Rule 302;
(C) Provide a Certificate of Good Standing and discipline report from any other state or territory of the United States or the District of Columbia in which the attorney is licensed to practice law and a discipline report from Idaho;
(D) Certify, under penalty of perjury, whether the attorney has been convicted of a felony or a serious crime as defined in I.B.C.R. 501; and
(E) Except as provided in subsection (a)(3):
(i) An attorney who has not been Active in Idaho for the immediately preceding one (1) to three (3) years shall certify that the attorney has completed ten (10) Idaho-approved credits within sixty (60) days of Transfer to Active status;
(ii) An attorney who has not been Active in Idaho for the immediately preceding three (3) years or longer shall certify that the attorney has completed thirty (30) Idaho-approved MCLE credits, including at least two (2) ethics credits, within the preceding three (3) years or within ninety (90) days of Transfer to Active status;
(iii) An attorney who has not been Active in Idaho for the immediately preceding five (5) years or longer shall successfully complete a character and fitness examination in accordance with I.B.C.R. 208 through 210, certify that the attorney has completed MCLE credits as required under subsection (ii) above and:
(a) Provide proof that the attorney has been actively engaged in the practice of law in any state or territory of the United States or the District of Columbia for at least three (3) of the immediately preceding five (5) years; or
(b) Provide proof that the attorney is competent to practice law in Idaho, provided the following factors may be considered by the Board when determining competency:
(1) Practice of law in other jurisdictions;
(2) Number of years of practice prior to Transfer from Active status;
(3) Employment in law-related fields;
(4) Completion of continuing legal education courses; and
(5) Any other factors the Board deems appropriate.
(2) An attorney who has not been Active in Idaho, or actively engaged in the practice of law in a manner equivalent to an Active member in any other state or territory of the United States or the District of Columbia, for the immediately preceding seven (7) years or longer shall comply with all requirements under subsection (a)(1)(E)(iii) above and, as may be determined and required by the Board, pass all or a portion of the Idaho State Bar Examination.
(3) An attorney who has not been Active in Idaho, or actively engaged in the practice of law in a manner equivalent to an Active member in any other state or territory of the United States or the District of Columbia, for the immediately preceding ten (10) years or longer must apply for admission under I.B.C.R. Section II.
(4) Transfer from Judicial status to Active status requires compliance with only subsections (a)(1)(A) through (D) of this Rule.
(5) Transfer from Emeritus status to Active status is permissible only if the attorney was admitted to the Bar prior to being granted a limited license as an Emeritus Member.
(6) After receiving the information required by this Rule, the Board shall grant or deny an attorney's request for Transfer to Active status. The Board may withhold a Transfer to Active status until it receives a satisfactory showing on any matter raised under this Rule. If the Board denies an attorney's request for Transfer to Active status, the attorney may seek Supreme Court review of the Board's decision by filing a written petition for such review, stating the reasons for the request, within twenty-one (21) days of service of the Board's decision. Upon receipt of such request, the Supreme Court may, in its sole discretion, order briefing, allow oral argument or decide the matter upon the petition before it.
(b)Transfer to Inactive, Senior, Emeritus or Retired Judicial Status.
(1) Members seeking to Transfer to Inactive. Senior or Retired Judicial status shall:
(A) Submit a written request to the Bar; and
(B) Comply with the licensing requirements under Rule 302.
(2) Members seeking to Transfer to Emeritus status shall:
(A) Submit a written request to the Bar; and
(B) Comply with the licensing requirements under Rule 302; and
(C) Comply with I.B.C.R. 228.
(3) Transfer from Emeritus status to Inactive, Senior or Retired Judicial status is permissible only if the attorney was admitted to the Bar prior to being granted a limited license as an Emeritus Member.
(4) Transfer to Inactive or Emeritus status during the final year of the attorney's MCLE reporting period does not eliminate the reporting requirements for that reporting period.
(c)House Counsel. A House Counsel member seeking admission as an Active, Inactive or Senior member is required to apply for admission under I.B.C.R. Section II.

Id. Bar Comm. R. 306

Amended December 28, 2023, effective 5/1/2024.