Idaho Bar Comm. R. 514

As amended through November 5, 2024
Rule 514 - Imposition of Sanctions by Stipulation
(a)Stipulation Contents. Following the filing of Formal Charges against a Respondent, the Respondent and Bar Counsel may resolve the matter by stipulation. Any stipulation shall set forth a summary of the Formal Charge allegations, admitted factual allegations, admitted violations of the Idaho Rules of Professional Conduct, charges being dismissed, if any, and the agreed upon Sanction. Bar Counsel and the Respondent shall sign the stipulation. Each stipulation shall also provide either:
(1) if the Hearing Committee or the Supreme Court rejects the stipulation, Sanction or recommendation, each party has the right to withdraw from the stipulation and proceed to a hearing on the merits; or
(2) if the Hearing Committee or the Supreme Court rejects the stipulation, Sanction or recommendation, the parties agree that the Supreme Court may impose the Sanction it deems appropriate on the record or may take whatever action the Supreme Court deems appropriate.
(b)Consideration by Hearing Committee and Supreme Court. After the stipulation has been executed, either party shall file it with the Clerk, who shall forward copies of it to the Hearing Committee. The Hearing Committee will consider the stipulation and enter its decision or order a hearing on its own motion.
(1)Public Reprimand. If the stipulated Sanction is a public reprimand, and the Hearing Committee agrees that a public reprimand is the appropriate Sanction, the Hearing Committee shall issue an order imposing the public reprimand.
(2)Public Censure, Suspension or Disbarment. If the stipulated Sanction is a public censure, suspension, withheld public censure, withheld suspension or disbarment, and the Hearing Committee agrees that the stipulated Sanction is appropriate, the Hearing Committee shall issue a recommendation to the Supreme Court. The Supreme Court will then consider the recommendation as set forth in Rule 511(k)(2) and enter its decision or order a hearing on its own motion.

Id. Bar Comm. R. 514