Rule 228 - Emeritus Attorney Limited License(a)Admission to Limited Practice as Emeritus Attorney. Upon application and approval in accordance with this rule, qualified attorneys may be admitted as Emeritus Attorneys to engage in the limited practice of law described below.(b)Qualifications. An attorney who is or had been actively licensed to practice law in any state or territory of the United States or the District of Columbia within the preceding five (5) years of the application, may apply to practice law as an Emeritus Attorney consistent with this rule.(c)Pro Bono Service. An Emeritus Attorney may perform the pro bono activities set forth in subsection (d) below only in association with an Approved Legal Assistance Organization approved by the Supreme Court under this rule. (1)Approved Legal Assistance Organization. A nonprofit legal assistance organization seeking approval from the Supreme Court shall file a petition with the Clerk of the Supreme Court certifying that it is a nonprofit organization and reciting with specificity:(A) The structure of the organization and whether it accepts funds from its clients;(B) The major source of funds used by the organization;(C) The criteria used to determine potential clients' eligibility for legal services offered by the organization;(D) The types of legal and non-legal services offered by the organization;(E) The names of all members of the Bar who are employed by the organization or who regularly perform legal work for the organization; and(F) The existence and amount of malpractice insurance which will cover the Emeritus Attorney.(d)Scope of Practice.(1) An Emeritus Attorney may: (A) Appear in any court or before an administrative tribunal, mediator or arbitrator in Idaho on behalf of a client of an Approved Legal Assistance Organization;(B) Prepare pleadings and other documents to be filed in any court or before any administrative tribunal, mediator or arbitrator in any matter in which the Emeritus Attorney is involved; and(C) Render legal advice and perform other appropriate legal services on behalf of a client of an Approved Legal Assistance Organization.(e)Limitations on the Scope of Practice.(1) Emeritus Attorneys are not, and shall not represent themselves to be, active members of the Bar licensed to practice law in Idaho.(2) An Emeritus Attorney shall not request or receive compensation for legal services rendered, provided: (A) An Approved Legal Assistance Organization may reimburse the Emeritus Attorney for actual expenses incurred while rendering services and may charge for its expenses as it may otherwise properly charge; and(B) The Approved Legal Assistance Organization or client is entitled to receive all court awarded attorneys' fees for legal services rendered by the Emeritus Attorney.(f)Limited Licensure. The Supreme Court may issue an Emeritus Attorney limited license upon receipt of:(1) A sworn statement by the Emeritus Attorney that he or she:(A) Is qualified under subsection (b) above;(B) Shall not ask for or receive compensation for legal services;(C) Shall abide by the Idaho Rules of Professional Conduct and all other laws and rules governing lawyers admitted to the Bar; and(D) Submits to the jurisdiction of the Supreme Court and Bar for disciplinary purposes;(2) Written confirmation from an Approved Legal Assistance Organization that:(A) The Emeritus Attorney is currently associated with the organization; and(B) The organization has been approved by the Supreme Court.; and (3) Verification from the highest court or agency in the state, territory or district in which the Emeritus Attorney is licensed or was previously licensed to practice law, demonstrating that the attorney is qualified under subsection (b) above.(g)Termination of License.(1) An Emeritus Attorney license shall be terminated: (A) Upon request by the Emeritus Attorney;(B) By the Supreme Court at any time, provided that the Clerk of the Supreme Court shall mail a copy of the notice of termination to the respective attorney and Approved Legal Assistance Organization; or(C) Upon the Supreme Court's withdrawal of its approval of the Approved Legal Assistance Organization the Emeritus Attorney is currently working with.(2) To transfer to any other membership status, the Emeritus Attorney must comply with I.B.C.R. 306, if applicable.(h)CLE. Emeritus Attorneys shall complete a minimum of three (3) credit hours of continuing legal education (CLE), which credits may be from an Approved Legal Assistance Organization, for each year the Emeritus Attorney limited license is renewed. Those CLEs shall be offered by Approved Legal Assistance Organizations free of charge to any Emeritus Attorney. Those CLEs will be included on a form in the Emeritus Attorney's annual limited license renewal. Rule 228 amended 2/25/2016; effective 7/1/2016; amended February 15, 2019, effective 2/19/2019.