Idaho Bar Comm. R. 906

As amended through November 5, 2024
Rule 906 - Resolution Process
(a)Purpose and Matters to be Considered. All matters relating to or affecting the statutes or laws of the State of Idaho, rules of court, the policies of the Idaho State Bar or the governance of the Idaho State Bar or of the district bar associations shall be determined by the members of the Idaho State Bar by direct secret ballot or through a vote of the district bar associations as provided in this rule, provided that matters relating to technical corrections, clarification or implementation of the Idaho Bar Commission Rules may be adopted by the Board and proposed to the Idaho Supreme Court.
(b)Submission of Resolutions. Resolutions may be submitted by the Board, district bar associations, sections or committees of the bar, or by any member of the Idaho State Bar. Resolutions shall be submitted in writing, with copies of any proposed legislation or rule changes attached, to the office of the Executive Director of the Idaho State Bar on or before September 25. Each resolution submitted shall be reviewed by the delegates to the October meeting so they may become familiar with the purpose of the resolution and report to the members of their district bar association.
(c)Voting - Eligibility. Each active, house counsel and judicial member of the Idaho State Bar shall be entitled to one (1) vote on each question presented.
(d)Voting- Procedure.
(1)Ballots. Following the October meeting, the Executive Director shall send a ballot to all eligible voters, listing all resolutions in "aye or nay" form, and including instructions for the return of ballots. Voters may return the ballots to the offices of the Idaho State Bar or cast them at their respective district bar association meeting. Questions shall be determined by the combined ayes and nays cast statewide.
(2)Voting Method. At the Board's discretion, the election mav be conducted by paper ballots and/or a secure electronic voting ("electronic voting") system. In the case of an election using both paper ballots and electronic voting, the Executive Director shall mail paper ballots to members of the Idaho State Bar who are eligible to vote but who do not have a valid email address on file with the Idaho State Bar. Such mailing shall include information regarding how to vote by electronic voting. On that same date, the Executive Director shall send ballots electronically to all other members of the Idaho State Bar who are eligible to vote and shall provide information about how to obtain a paper ballot instead of voting by electronic voting.
(A)Paper ballots. Members voting bv paper ballot shall mark the ballot and place it in a signed envelope. Paper ballots must be received bv the Executive Director no later than 5:00 p.m, on the date designated by the Board as the voting deadline. Any ballots not enclosed in a signed envelope shall not be counted.
(B)Electronic voting. Members voting electronically shall be provided a secure link to an online ballot. Electronic voting must be completed no later than 5:00 p.m. on the date designated by the Board as the voting deadline. Votes cast via electronic voting shall be verified and securely stored by the vendor.
(e)October Meeting. The October meeting shall be scheduled in accordance with Rule 905(b).
(1)Delegates. Each district bar association shall elect or appoint one (1) member from the district bar association to serve as delegate to the meeting. Each Commissioner of the Board shall also serve as a delegate.
(2)Vote. The vote of each district bar association on any question shall be cast at the October meeting as instructed by the district bar association. Each question shall be determined by a majority vote of all delegates present at the meeting.
(3)Determination whether to Circulate. All resolutions submitted by the district bar associations, Idaho Supreme Court and Board shall be automatically considered submitted for resolution process consideration, unless two-thirds of the delegates present at the October meeting conclude that a proposed resolution is clearly outside the scope of the Idaho State Bar's authority.
(f)Circulation of Resolutions to Membership. All resolutions submitted by the district bar associations, Idaho Supreme Court and the Board, and all other resolutions approved by a majority vote cast by the delegates as provided in this rule, shall be circulated directly to the members of the Idaho State Bar as soon as practical by the Board.
(g)Consideration by District Bar Associations. Each resolution following its dissemination shall be considered by the members of each district bar association at a meeting held prior to December 1 of each year.
(h)Amendments to Circulated Resolutions. Proposed amendments to circulated resolutions may be offered at any district bar association resolution meeting. Once an amendment is proposed at a district bar association resolution meeting, an advisory vote shall be taken at the meeting where the amendment was offered and shall be taken at any subsequent district bar association resolution meeting if the amendment is approved by the advisory vote at the resolution meeting where the amendment was offered. Proposed amendments shall be germane to the original resolution and shall not be contrary to or defeat the intent of the original resolution.
(i)Circulation of Proposed Amendments. Proposed amendments approved by an advisory vote of the members of at least one district bar association meeting shall be disseminated to the officers of the district bar associations prior to the December meeting.
(j)December Meeting. The December meeting shall be scheduled in accordance with Rule 905(c).
(1)Delegates. Each district bar association shall elect or appoint one (1) member of the district bar association as the delegate to the meeting who shall cast the vote of the district bar association on each resolution circulated and voted on by the members of that district bar association.
(2)Vote. The vote of each district bar association shall be cast according to the ayes and nays cast by the voting members of that district bar association.
(A)Amendments to Circulated Resolutions. Notwithstanding any other provisions of this Rule, each delegate shall have discretionary authority to also vote on any proposed amendments offered at one of the district bar association resolution meetings and approved by an advisory vote to said resolutions.
(k)Referendum. A resolution may provide whether a referendum of the membership shall be taken on any question and the form and substance of the question to be presented, which question shall be framed so as to be capable of a "yes" or "no" answer.
(1)Ballots - Canvassing. The Executive Director shall prepare ballots within ten (10) days following the December meeting of the district bar association delegates and send one (1) ballot to each member of the Idaho State Bar. Ballots shall be returned to the Executive Director within fifteen (15) days after the date the ballot was sent to each member. Envelopes containing voted ballots shall be signed by the voting member. The Board shall constitute the canvassing committee for the referendum ballots. Canvassing shall be performed at the Board meeting following the closing of balloting and the Board shall declare the majority vote to be the opinion of the Idaho State Bar on said question and publish the same.
(l)Time-Sensitive Decisions. If the Idaho Supreme Court or Board determines that e the decision of the Idaho State Bar members is needed on any time-sensitive question regarding a matter referenced in Rule 906(a), the Board may submit a question for vote to eligible voting members of the Idaho State Bar as defined in Rule 906(c), using the voting procedure as set forth in Rule 906(d)(2).

Id. Bar Comm. R. 906

Amended December 28, 2023, effective 3/1/2024.