As amended through November 5, 2024
Rule 305 - Failure to Comply with Licensing Requirements(a)Compliance. No license to practice law shall be issued to an attorney who fails to timely comply with the licensing requirements of Rule 302.(b)Notice. The Executive Director shall give, or cause to be given, written notice to each attorney who fails to comply with the licensing requirements of Rule 302. Such notice shall advise that:(1) The attorney has until March 1 to complete the licensing requirements; and(2) If the attorney fails to complete the licensing requirements by March 1, the Supreme Court will be notified to cancel the attorney's license and remove the attorney's name from the list of attorneys entitled to practice law in Idaho, provided however, hardship extensions not to exceed sixty (60) days may be granted at the discretion of the Executive Director for an attorney to complete MCLE requirements.(c)Cancelation.(1) The Supreme Court may cancel the license of any attorney who fails to comply with licensing requirements under these Rules.(2) An attorney whose license has been canceled continues to be subject to discipline at the discretion of Bar Counsel.(3) A license that has been canceled and not reinstated as provided under subsection (d) shall be deemed resigned, provided however, hardship extensions may be granted at the discretion of the Executive Director.(d)Reinstatement.(1) An attorney seeking reinstatement of a canceled license shall, within one (1) year of the Supreme Court order canceling the license:(A) Comply with licensing requirements under Rule 302;(B) Pay the applicable license fees due at the time the Supreme Court entered the cancelation order;(C) Complete the applicable MCLE credits due at the time the Supreme Court entered the cancelation order;(D) Provide a Certificate of Good Standing and discipline report from any other state or territory of the United States or the District of Columbia in which the attorney is licensed to practice law and a discipline report from Idaho;(E) Certify, under penalty of perjury, whether the attorney has been convicted of a felony or serious crime as defined in I.B.C.R. 501; and(F) Petition the Supreme Court for reinstatement.(2) Reinstatement of a canceled license shall be by Supreme Court order.(e)Resignation.(1) An attorney who does not intend to meet licensing requirements may voluntarily resign his or her membership in the Bar by submitting a written request to the Executive Director on a form provided by the Bar. An attorney with pending disciplinary matters may not voluntarily resign without Bar Counsel approval.(2) An attorney whose license has been canceled for one (1) year or longer and who has not sought reinstatement of the license as provided under subsection (d) shall be deemed resigned unless a hardship extension has been granted pursuant to subsection (c)(3). The Executive Director shall provide thirty (30) days' written notice to the attorney prior to such resignation.(3) An attorney seeking admission to practice law in Idaho after his or her license has been resigned is required to apply for admission under I.B.C.R. Section II.