Disciplinary Sanctions may consist of any one or more of the following:
(a)Disbarment. Disbarment is the revocation of a lawyer's license or authority to practice law in this State or in any other jurisdiction. Only the Supreme Court may order disbarment in this State. A lawyer disbarred in this State who desires to again be admitted shall comply with all Bar admission requirements found in Section II of the Idaho Bar Commission Rules. A disbarred lawyer making such application shall have the burden of overcoming the rebuttable presumption of "unfitness to practice law." In no event shall a disbarred lawyer make application for admission to the Bar sooner than five years from the effective date of disbarment(b)Resignation in Lieu of Disciplinary Proceedings. Any resignation in lieu of disciplinary proceedings in this or any other jurisdiction shall have the same effect as disbarment. A resignation in lieu of disciplinary proceedings cannot be issued by a Hearing Committee; rather, it is a negotiated Sanction between the Respondent and Bar Counsel. The Supreme Court must approve any resignation in lieu of disciplinary proceedings in this State. A lawyer who resigns in lieu of disciplinary proceedings and desires to again be admitted shall comply with all Bar admission requirements found in Section II of the Idaho Bar Commission Rules. A lawyer making such application shall have the burden of overcoming the rebuttable presumption of "unfitness to practice law." In no event shall a lawyer who resigns in lieu of disciplinary proceedings make application for admission to the Bar sooner than five years from the effective date of his or her resignation.(c)Suspension. Suspension is the denial of the right to practice law for a specific period of time not to exceed five years. Only the Supreme Court may order a suspension in this State. A Lawyer who has been suspended and desires to again be admitted shall comply with the reinstatement procedures provided in Rule 518. Rule 510 shall govern interim suspensions.(d)Public Censure. Public censure is an official, written reprimand regarding a Lawyer's Professional Conduct, which shall be published in the Idaho Reports. A public censure declares the Lawyer's conduct to have been improper but does not limit his or her right to practice law. In this State, only the Supreme Court can issue a public censure. In addition to the Idaho Reports, all public censures shall be published in the official Bar publication, on the official website of the Bar, and in a newspaper of general circulation in the judicial district where the Lawyer maintains his or her principal place of business.(e)Public Reprimand. Public reprimand is a public, written reprimand regarding a Lawyer's Professional Conduct. A public reprimand declares the Lawyer's conduct to have been improper but does not limit his or her right to practice law. In this State, only the Professional Conduct Board may issue a public reprimand. All public reprimands shall be published in the official Bar publication and on the official website of the Bar.(f)Probation. Probation is the continued right to practice law subject to such conditions as may be imposed by a court or by a duly authorized Professional Conduct enforcement authority. In this State, only the Supreme Court may impose conditions of probation that limit the Lawyer's license to practice law. Conditions of probation that do not otherwise limit the Lawyer's license to practice law can also be imposed by the Supreme Court, the Professional Conduct Board or Bar Counsel. Probation must be imposed for a specific period; provided, however, probation may be renewed for an additional period by consent or after a hearing to determine if there is a continued need. Probation may be imposed independently or in conjunction with any other Sanction.(g)Private Reprimand. Private reprimand is a private, written reprimand that declares a Lawyer's conduct to have been improper but does not limit his or her right to practice law. In this State, only Bar Counsel may impose a private reprimand. A private reprimand becomes a part of the permanent files of the Bar, but is not published.(h)Informal Admonition. Informal admonition is private, written discipline that declares a Lawyer's conduct to have been improper but does not limit his or her right to practice law. In this State, only Bar Counsel may informally admonish a Lawyer. An informal admonition becomes a part of the permanent files of the Bar, but is not published. An informal admonition is lesser in scope than a private reprimand and is the least severe form of discipline available.(i)Restitution. Restitution is the payment to persons financially injured and/or reimbursement to the Client Assistance Fund for claims paid from the fund for losses or claims resulting from a Lawyer's misconduct. Restitution may be imposed as a condition of any probation or in conjunction with any Sanction. Failure to pay imposed restitution establishes independent grounds for further discipline or Sanctions and/or may prevent reinstatement.(j)Imposition of Costs. Assessment of the expenses and costs of Professional Conduct investigations and proceedings may be imposed in conjunction with any other Sanction. Failure to pay imposed costs establishes independent grounds for further discipline or Sanctions and/or may prevent reinstatement.