IBCR Section III Revisions - Overview
In 2011, the voting members of the Idaho State Bar approved a revised version of Section III of the Idaho Bar Commission Rules (IBCR) governing licensing and status changes. The revised rules were adopted by the Idaho Supreme Court, effective July 1, 2012.
IBCR Section III - Right to Practice After Admission [effective through 6/30/12]
IBCR Section III - Licensing [effective 7/1/12]
Summary of Revised Rules
Rule 301. Definitions
Rule 302. Licensing Requirements
- The rules change affiliate status to inactive status, which is consistent with most other states definitions.
- The current inactive status is eliminated, if an attorney chooses to resign their license, they no longer have status as a member. The rule provides that current members on inactive status have until March 2013 to transfer to Active or the new inactive status.
- The rules now include and define a senior member and judicial member status. Judicial member status is defined in Idaho Code Section 3-409, but was not previously included in the bar commission rules.
- The definitions in Rule 301 are clarified and consistent with the definitions in other sections of the bar commission rules.
- Good Standing – Rule 301 (i) establishes a definition of good standing.
- The yearly licensing requirements have not changed; they have been reorganized to create more clarity.
Rule 303. Membership Information
- This rule defines the membership information required to be submitted to the bar by members and states what information is public information.
Rule 304. Annual License Fees
- The annual license fees did not change.
- The fee for submitting annual licensing fees after the February 1 deadline increased for active and house counsel Members from $50 to $100.
- The fee for requesting additional time after December 31 to complete the MCLE requirements increased from $50 to $100.
Rule 305. Failure to Comply with Licensing Requirements
- This section is revised to specify the consequences of failure to comply with the licensing requirements and delineates the process and requirements for reinstating a license that is canceled for noncompliance with the licensing requirements. If an attorney does not meet the requirements for reinstatement within a year, the attorney’s license will be considered resigned. An attorney whose license is resigned, either voluntarily or deemed resigned is required to apply for admission under IBCR Section II.
Rule 306. Transfer
- This section explains the process for changing membership status. The rule defines the requirements, standards, and time frames for transferring status. For a transfer to Active status the requirements increase based on the number of years that an attorney has not been an Active member.
- For example, the CLE requirements for an attorney that has not been Active for 3 to 5 years increased to 30 hours, including 2 ethics credits. An attorney that has not been Active for 5 to 7 years is required to successfully complete a character and fitness evaluation in addition to the increased CLE hour requirement. An attorney that has not been Active for more than 10 years may be required to apply for admission under IBCR Section II.
Members who were Inactive under the old rules will only have until March 1, 2013 to apply for transfer to another status.
Rule 307. Partial Refund of License Fees/Political Activity.