Rule 518 - Reinstatement after Suspension(a)Reinstatement after Suspension of 90 Days or Less. A lawyer who has been suspended for 90 days or less pursuant to disciplinary proceedings shall be reinstated at the end of the period of suspension by filing with the Supreme Court and serving upon Bar Counsel an affidavit stating he or she has complied fully with the requirements of the suspension order, has paid any required fees and costs , and has reimbursed the Bar for any amounts owed related to the disciplinary proceedings and, if applicable, for any amounts paid from the Client Assistance Fund based on the lawyer's dishonest conduct.(b)Reinstatement after Suspension for More Than 90 Days. A lawyer suspended for more than 90 days may be readmitted upon showing that he or she has the moral qualifications, competency and learning in the law for admission to practice law in this State, that his or her resumption of the practice of law within this State will not be detrimental to the integrity of the Bar, to the administration of justice or against the public interest, and-that he or she has complied with all the terms of his or her suspension, and that he or she has reimbursed the Bar for any amounts owed related to the disciplinary proceedings and, if applicable, for any amounts paid from the Client Assistance Fund based on the lawyer's dishonest conduct . (1)Petition. A petition for reinstatement by a suspended lawyer may be filed no sooner than 90 days prior to the end of his or her term of suspension. No petition for reinstatement under this Rule shall be filed within one year following an adverse judgment upon a petition for reinstatement filed on behalf of the same lawyer.(2)Place of Filing. Petitions for reinstatement by a suspended lawyer shall be filed with the Clerk and served upon Bar Counsel.(3)Advance Cost Deposit. Such petitions shall be accompanied by an advance cost deposit in an amount of not less than $1500 to cover anticipated costs of the reinstatement proceeding. If the costs of the proceeding are less than the deposit, any unused amounts shall be returned to the suspended lawyer at the conclusion of the proceedings. If the costs of the proceeding exceed the advance cost deposit, the suspended lawyer must reimburse such costs prior to reinstatement.(4)Processing Petition. Within 14 days following receipt of the petition, the Chair of the Professional Conduct Board shall assign the petition to a Hearing Committee.(A)Hearing. The Hearing Committee shall schedule a hearing to be held within a reasonable time after the matter is assigned. The Clerk shall serve a copy of the notice of hearing upon suspended lawyer and Bar Counsel at least 14 days in advance of the hearing, stating the date, time and place of hearing. The notice shall advise the suspended lawyer that he or she is entitled to be represented by counsel, to cross-examine witnesses and to present evidence in his or her own behalf.(B)Burden of Proof. The suspended lawyer shall have the burden of demonstrating by clear and convincing evidence that he or she has met the requirements, as herein above set forth or as set forth in the Supreme Court order of suspension, for reinstatement to the practice of law in this State.(C)Report of Hearing Committee. The Hearing Committee shall file a report containing its findings of fact, conclusions of law and recommendations, together with the record, with the Clerk. A copy of the Hearing Committee's report shall be served on the suspended lawyer and Bar Counsel(D)Time of Decision. The Hearing Committee's decision shall be rendered within 21 days after the matter is fully submitted.(E)Submission to Court. The Professional Conduct Board shall cause the Clerk to submit the entire record of the proceedings before the Hearing Committee to the Supreme Court and serve a copy thereof on the suspended lawyer and Bar Counsel.(F)Procedure After Submission. In all reinstatement proceedings, the suspended lawyer and/or Bar Counsel may appeal to the Supreme Court all Hearing Committee findings of fact, conclusions of law and recommendations. (1)Appeal Filed. Within 21 days following the filing in the Supreme Court of findings of fact, conclusions of law and recommendations, either party may file a Notice of Appeal with the Supreme Court. Such Notice of Appeal shall be a brief statement indicating the party intends to contest any or all of the findings of fact, conclusions of law and recommendations of the Hearing Committee. The Notice of Appeal shall be served on the other party. After the filing of the record and the Notice of Appeal with the Supreme Court, the parties shall file briefs on the schedule to be provided by the Supreme Court. Oral argument, if desired by the Supreme Court, shall be at a time and place scheduled by the Supreme Court(2)No Appeal Filed. If no appeal is filed with the Supreme Court within 21 days following the filings in the Supreme Court of the findings of fact, conclusions of law and recommendations, the Supreme Court may enter its decision or order further proceedings. The Supreme Court may modify the Hearing Committee's recommendations upon notice and opportunity to be heard. The Supreme Court may also remand a case to the Hearing Committee for further consideration.(G)Order of Court.(1)Adverse Determination. If the suspended lawyer is determined by the Supreme Court to be not fit to resume the practice of law, the petition shall be denied.(2)Reinstatement. If, however, the suspended lawyer is found to be fit to resume the practice of law, the order of the Supreme Court may provide for reinstatement upon such conditions as the Supreme Court deems appropriate in the interest of justice, the public, the suspended lawyer, the Bar and/or former or prospective clients of the suspended lawyer. Conditions on reinstatement may include, but need not be limited to, payment of the costs and expenses of the proceedings had in the case; restitution to parties harmed by the suspended lawyer's misconduct that constituted grounds for the suspension in his or her case; and/or the suspended lawyer's furnishing to the Supreme Court such proof of competency as it may require, which proof may include certification by the Board of Commissioners that the suspended lawyer, subsequent to the date of such conditional order of reinstatement, has completed successfully the Idaho bar examination.(c)Reinstatement after Vacation or Reversal of Criminal Conviction. If an appeals court vacates or reverses a lawyer's Conviction of a Serious Crime or if a trial court enters an order granting a motion for a new trial, a motion for judgment of acquittal or a motion to withdraw a plea of guilty that removes a lawyer's Conviction of a Serious Crime, which Conviction was a basis for suspension under these Rules, the lawyer may file a petition for reinstatement following the procedures set forth in Rule 512(d).(d)Reinstatement or Readmission after Reciprocal Reinstatement or Readmission. Where the Supreme Court has imposed a suspension or disbarment solely on the basis of imposition of discipline in another jurisdiction, and where the suspended lawyer gives notice to the Supreme Court that he or she has been reinstated or readmitted in the other jurisdiction, the Supreme Court shall determine whether the suspended lawyer should be reinstated or readmitted. Unless Bar Counsel presents evidence demonstrating procedural irregularities in the other jurisdiction's proceeding or presents other compelling reasons, the Supreme Court shall reinstate or readmit a suspended lawyer who has been reinstated or readmitted in the jurisdiction where the misconduct occurred.Amended December 28, 2023, effective 3/1/2024.