Idaho Bar Comm. R. 524

As amended through November 5, 2024
Rule 524 - Subpoena Power and Witnesses
(a)Investigatory Subpoenas. Before Formal Charges have been filed, Bar Counsel may compel by subpoena the attendance of witnesses, and the production of pertinent books, papers and documents, in accordance with Idaho Rule of Civil Procedure 45. Subpoenas issued by Bar Counsel during the course of an investigation shall clearly indicate on their face that they are issued in conjunction with a confidential investigation under these Rules and that it is regarded as contempt of court or grounds for discipline to breach confidentiality. Consultation with an attorney is not considered such a breach.
(b)Subpoenas for Deposition or Hearing. After Formal Charges are filed, Bar Counsel or Respondent may, in accordance with Idaho Rule of Civil Procedure 45, compel by subpoena the attendance of witnesses and the production of pertinent books, papers and documents at a deposition or hearing under these Rules. All subpoenas shall be issued in the name of the Professional Conduct Board.
(c)Enforcement of Subpoenas. The District Court of the judicial district in which the attendance or production is required may, upon proper application, enforce the attendance and testimony of any witnesses and the production of any documents subpoenaed.
(d)Quashing Subpoena. Any attack on the validity of a subpoena so issued shall be heard and determined by the chair of the Hearing Committee before which the matter is pending or by the court wherein enforcement of the subpoena is being sought. Any resulting order is not appealable before entry of a final order in the proceeding.
(e)Witnesses and Fees. The subpoena process, witness fees and mileage fees shall be the same as those provided for proceedings in the district courts of the State.
(f)Subpoena Pursuant to Law of Another Jurisdiction. Whenever a subpoena is sought in this State pursuant to the law of another jurisdiction for use in Lawyer disciplinary or disability proceedings, and where the issuance of the subpoena has been duly approved under the law of the other jurisdiction, the chair of the Professional Conduct Board, upon petition for good cause, may issue a subpoena as provided in this Rule to compel the attendance of witnesses and production of documents in the county where the witness resides or is employed or elsewhere as agreed by the witness. Service, enforcement or challenges to this subpoena shall be as provided in these Rules.

Id. Bar Comm. R. 524