3-408. ADMISSION TO PRACTICE AND DISBARMENT PROCEEDINGS — RULES AND BYLAWS — POWER OF BOARD TO ADOPT — SUPERVISORY POWER OF SUPREME COURT. The board of commissioners shall have power to determine, by rules, subject to the approval of the supreme court, the qualifications and requirements for admission to the practice of the law and to conduct investigation and examination of applicants, and it shall from time to time certify to the supreme court the names of those applicants found to be qualified. The investigation shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints with the application. The approval by the supreme court of the applicants whose names are so certified, shall entitle them to enrollment, as members of the bar of this state, and to practice law upon their paying the required fees and taking the oath. The board shall formulate rules governing the conduct of all persons admitted to practice and shall investigate and pass upon all complaints that may be made concerning the professional conduct of any person admitted to the practice of the law. In all cases in which the investigation, in the opinion of a majority of the board, justifies such a course, it shall recommend to the supreme court such disciplinary action by public or private reprimand, suspension from the practice of the law, or exclusion and disbarment therefrom, as the case shall in its judgment warrant. Upon the making of any recommendation by the board reprimanding, suspending or excluding or disbarring any member of the Idaho state bar from the practice of the law, the board shall cause the record of proceedings in said matter or a copy thereof certified by its secretary or president to be filed with the clerk of the supreme court. The supreme court shall thereupon enter such judgment in said matter as it deems proper. The board of commissioners shall also have power to make rules and bylaws, subject to the approval of the supreme court, not in conflict with any of the terms of this act concerning the selection and tenure of its officers and committees and their powers and duties, and generally for the control and regulation of the business of the board and of the Idaho state bar.

The board of commissioners shall also have power after proceedings as in other cases of discipline to recommend to the supreme court the discipline of its officers and the members of its committees in the event of refusal, neglect, failure or corrupt or wrongful performance of their respective duties.

History:

[(3-408) 1923, ch. 211, sec. 8, p. 343; am. 1929, ch. 98, sec. 2, p. 159; I.C.A., sec. 3-408; am. 2002, ch. 297, sec. 1, p. 852.]