Idaho Bar Comm. R. 507

As amended through November 5, 2024
Rule 507 - Withheld Sanctions
(a)Sanctions that may be Withheld. The Sanctions imposed under Rule 506(c)-(f) may be withheld in whole or in part, contingent upon the Respondent's observance of conditions imposed by the disciplinary authority invoking such Sanction. Such conditions may include the publication of the withheld Sanction.
(b)Motion for Order to Show Cause. Upon violation of the conditions of a withheld Sanction, Bar Counsel may file with the Professional Conduct Board a Motion for Order to Show Cause why the withheld Sanction should be imposed.
(1) The motion shall allege that the Respondent has not abided by the conditions set forth in the order disciplining the Respondent/
(2) The motion shall be served upon:
(A) the Respondent at his or her last known address, and
(B) the Respondent's counsel of record, if any.
(3) The Chair of the Professional Conduct Board shall appoint a Hearing Committee, which shall schedule a hearing to ascertain the truth of the allegations set forth in the motion.
(4) The Bar shall have the burden of proof that the Respondent has failed to adhere to the conditions set forth in the disciplinary order.
(5) Following the hearing, the Hearing Committee shall make findings and, if the Bar has carried its burden of proof, recommend or order that the withheld Sanction be imposed.
(c)Imposition of a Previously Withheld Sanction. If the Bar carries its burden of proof on the Motion for Order to Show Cause, the previously withheld Sanction may be imposed:
(1) by order of the Hearing Committee, if the withheld Sanction was imposed originally by a Hearing Committee or by Bar Counsel; or
(2) by order of the Supreme Court, if the withheld Sanction was imposed originally by the Supreme Court.

Id. Bar Comm. R. 507