Clnt. Sec. Comm'n 39.7

As amended through September 9, 2024
Rule 39.7 - Exemption; retirement
(1)Certificate of exemption. A member of the bar of the supreme court who is not engaged in the practice of law in the State of Iowa may be granted a certificate of exemption by the commission, and thereafter no fee or assessment except for an annual exemption fee of $50 and late filing penalties will be required from such member unless the member thereafter engages in the practice of law in the State of Iowa, in which case the certificate of exemption must without further order of court stand revoked, and the member must file at once the statement required by rule 39.8(1) and the questionnaire required by rule 39.11 and pay the fee and assessment due under rules 39.5 and 39.6. A member of the bar requesting a certificate of exemption must file with the director such part of the rule 39.11 questionnaire as the executive director may deem necessary to determine the member's status. Applications for a certificate of exemption must be submitted concurrently under rules 39.7(1), 41.7, and 42.6.
(2)Certificate of retirement. A member of the bar of the supreme court who does not intend ever again to practice law in Iowa may be granted a certificate of relinquishment. Thereafter, no fee, assessment, annual statement, or questionnaire is required from such member. A member granted a certificate of relinquishment is not entitled to practice law in the State of Iowa and may not apply for reinstatement, but the member may be certified as an emeritus attorney under Iowa Court Rule 31.19. A member granted a certificate of relinquishment who desires to again practice law other than as an emeritus attorney must seek admission under the provisions of chapter 31 of the Iowa Court Rules. A member of the bar requesting a certificate of relinquishment must file with the commission such part of the rule 39.11 questionnaire as the executive director may deem necessary to determine the member's status. Applications for a certificate of relinquishment must be submitted concurrently under rules 39.7(2) and 41.13.
(3)Practice of law. The practice of law as that term is employed in this chapter includes the following: examining abstracts; consummating real estate transactions; preparing legal briefs, deeds, buy and sell agreements, contracts, wills, and tax returns; representing others in any Iowa courts; the right to represent others in any Iowa courts; regularly preparing legal instruments; securing legal rights, advising others as to their legal rights or the effect of contemplated actions upon their legal rights, or holding oneself out to so do; instructing others in legal rights; and being a judge or one who rules upon the legal rights of others unless neither state nor federal law requires the person so judging or ruling to hold a license to practice law.
(4)Transition provisions.
a. The provisions of rule 39.7(1) regarding an annual $50 fee for exempt practitioners and concurrent application for exempt status and of rule 39.7(2) regarding a separate fully relinquished status are effective January 1, 2018.
b. On or before December 31, 2017, attorneys in active status may apply for and be granted exempt status without payment of an annual fee, or emeritus status under Iowa Court Rule 31.19.
c. On or after January 1, 2018, attorneys in active status may apply for and be granted exempt status with payment of an annual fee, emeritus status under rule 31.19, or retired status under rule 39.7(2).
d. Attorneys who are in exempt status as of December 31, 2017, will be accorded legacy status. Attorneys in legacy status will have no fee payment or reporting responsibilities for a period of five years commencing January 1, 2018, and ending December 31, 2022. On or after January 1, 2023, attorneys in legacy status may apply for conversion to exempt status or apply for reinstatement to active status under rule 39.14(3), but will be required to pay the $50 annual fee for each year they were in legacy inactive status after January 1, 2023. Attorneys in legacy inactive status may apply for emeritus status under rule 31.19 or relinquished status under rule 39.7(2) at any time.

Clnt. Sec. Comm'n 39.7

Court Order November 9, 2001, effective 2/15/2002; 12/5/2007; 8/19/2016, effective 9/1/2016, rules 39.7(1) and 39.7(2), effective 1/1/2018; 12/13/2017, effective 1/1/2018; Order November 16, 2018, effective 12/15/2018; court order September 14, 2021, effective 10/1/2021; court order July 11, 2023, effective 7/11/2023.