The Board of Commissioners of the Idaho State Bar recommends that Idaho Bar Commission Rule (“IBCR”) 229 be repealed and replaced with revised admission requirements for servicemembers and servicemember spouses who are licensed to practice law in another state and required to relocate to Idaho due to military orders.

IBCR 229, which was adopted in 2012, allows military spouses who are licensed to practice law in another state to seek provisional admission as Provisional Attorney Applicants when they are required to relocate to Idaho due to military orders. Currently, IBCR 229 limits a Provisional Attorney Applicant to the military spouse, restricts the duration of the provisional license to one-year terms, and requires the Provisional Attorney Applicant to be supervised by Local Counsel.

On December 23, 2024, Congress amended the Servicemember Civil Relief Act (“SCRA”) provision that allows servicemembers and their spouses to have their professional licenses and certificates recognized in different jurisdictions when they must relocate due to military orders. The license to practice law is now recognized as a “covered license” under the SCRA.

The Board recommends revising IBCR 229 to be consistent with the SCRA amendments to ease the burden placed on military families when they are required to relocate due to military orders. License portability supports military families suffering a loss of economic potential while they serve the country. Accordingly, the Board recommends amending the language of IBCR 229 to include servicemembers as well as servicemember spouses, and to remove restrictive language such as the one-year duration of the license and the requirement that the Applicant be supervised by Local Counsel.

Because the SCRA amendments have already taken effect, the Board determined that this is a time-sensitive decision under IBCR 906(l). Voting will open on July 1, 2026. All Active, House Counsel, and Judicial members of the Idaho State Bar will be emailed an electronic ballot from vote@skypunch.tech. Members may request a paper ballot by contacting Shay Krainock at skrainock@isb.idaho.gov. All votes are due to the Idaho State Bar office by 5:00 p.m. MDT on July 21, 2026. The electronic voting site will close at 5:00 p.m. MDT on July 21, 2026.

If you have any questions, please contact Maureen Ryan Braley at mryanbraley@isb.idaho.gov.