Rule 515 - Disability Inactive Status(a)Involuntary Commitment or Adjudication of Incompetence. If a Respondent has been judicially declared incompetent or is involuntarily committed on the grounds of incompetency or disability, the Supreme Court, upon proper proof of the fact, shall enter an order immediately transferring the Respondent to disability inactive status for an indefinite period until further order of the Supreme Court. A copy of the order shall be served, in the manner the Supreme Court may direct, upon the Respondent, his or her guardian and/or the director of the institution to which the Respondent has been committed.(b)Inability to Properly Defend. If a Respondent alleges in the course of a disciplinary proceeding an inability to assist in his or her defense due to mental or physical incapacity, Bar Counsel shall petition the Supreme Court to immediately transfer the Respondent to disability inactive status pending determination of the incapacity.(1) If the Supreme Court determines the claim of inability to defend is valid, the disciplinary proceeding shall be deferred and the Respondent retained on disability inactive status until the Supreme Court subsequently considers a petition for transfer of the Respondent to active status. If the Supreme Court grants the petition, the interrupted disciplinary proceeding shall resume as provided in these Rules.(2) If the Supreme Court determines the claim of inability to defend to be invalid, the disciplinary proceeding shall resume. The Respondent may immediately be placed on interim suspension pending the final disposition of the matter.(c)Proceedings to Determine Incapacity. Bar Counsel shall investigate information relating to a Lawyer's physical or mental condition that adversely affects the Lawyer's ability to practice law and, where warranted, report that information to the Board of Commissioners.(1)Petition. The Board of Commissioners, upon reasonable cause, shall direct Bar Counsel to petition the Supreme Court to determine whether the Lawyer is unable to adequately practice law because of mental illness, senility, excessive use of alcohol or drugs, or other mental or physical incapacity.(2)Service. A copy of the petition shall be served upon the Respondent by Bar Counsel concurrently with the filing of the petition.(3)Action by Supreme Court. Upon receipt of the petition, the Supreme Court may take such action as it deems appropriate, including but not limited to: (A) Reference of the matter to a person or committee for hearing and fact-finding pursuant to Rule 525(j);(B) Provision for an examination of the Respondent, at the expense of the Bar, by such qualified medical experts as the Supreme Court, or any person or committee to which the matter has been referred, may designate; and/or(C) Abatement, upon its own motion or the motion of either party, of any pending disciplinary proceedings against the Respondent.(d)Notice of Transfer to Disability Inactive Status. Bar Counsel shall give notice to the public of Respondent's transfer to disability status by: (1) causing a notice of the transfer to disability inactive status to be published in the official Bar publication and in a newspaper of general circulation in each judicial district in which the Respondent maintained an office for the practice of law; and(2) transmitting (by electronic means or otherwise) a certified copy of the Supreme Court order transferring Respondent to disability inactive status to the administrative judge and trial court administrator of each judicial district in the State, to each district court judge and magistrate in the judicial district where the Respondent maintained an office for the practice of law, and to such other persons, entities or organizations as may be indicated to protect the interests of the public and the clients of the Respondent.(e)Reinstatement from Disability Inactive Status.(1)Generally. No Respondent transferred to disability inactive status may resume active status except by order of the Supreme Court.(2)Petition. Any Respondent transferred to disability inactive status shall be entitled to petition for transfer to active status once a year, or at whatever shorter intervals the Supreme Court may direct.(3)Medical Examination. Upon the filing of a petition for transfer to active status, the Supreme Court may take whatever action it deems necessary or proper to determine whether the disability has been removed, including a direction for an examination of the Respondent by qualified medical experts designated by the Supreme Court. In its discretion, the Supreme Court may direct the expense of the examination be paid by the Respondent.(4)Waiver of Doctor-Patient Privilege. With the filing of a petition for reinstatement to active status, the Respondent shall be required to disclose the name of each psychiatrist, psychologist, physician, and hospital or other institution or health care provider by whom or in which the Respondent has been examined or treated since the transfer to disability inactive status. The Respondent shall furnish to the Supreme Court written consent to the release of information and records relating to the disability if requested by the Supreme Court or the court-appointed medical experts.(5)Proof of Legal Competence. The Supreme Court may also direct the Respondent to establish proof of legal competence, which proof may include certification by the Board of Commissioners of successful completion of the Idaho bar examination.(6)Granting Petition for Transfer to Active Status. The Supreme Court shall grant the petition for transfer to active status upon a showing by clear and convincing evidence that the disability has been removed.(7)Judicial Declaration of Competence. If a Respondent transferred to disability inactive status on the basis of a judicial determination of incompetence has been judicially declared to be competent, the Supreme Court may dispense with further evidence that his or her disability has been removed and may immediately direct his or her reinstatement to active status upon terms as are deemed proper and advisable.(f)Notice of Reinstatement. Following entry of the Supreme Court's order reinstating the Respondent to active status, the Board of Commissioners shall: (1) cause a notice of reinstatement to active status to be published in the official Bar publication; and(2) transmit promptly a certified copy of the order of reinstatement to active status to the presiding judge of the court of each judicial district in which the Respondent is entitled to practice law in this State before his or her transfer to disability inactive status.(g)Confidentiality. The confidentiality of disability inactive records and proceedings shall be governed by Rule 521(d).