Rule 802 - Standing Committee on Unauthorized Practice of Law(a)* Membership. The Board of Commissioners shall appoint a three (3) member committee to be known as the "Standing Committee on Unauthorized Practice of Law of the Idaho State Bar" which shall be composed of members of the Idaho State Bar, in good standing appointed to staggered terms of three (3) years each. *(Section (a) amended 6-10-98 - effective 7-1-98)
(b)* Subsequent Terms. Subsequent terms of all members shall be for three (3) years.(c)* Officers. The Board shall designate one (1) member of the Committee as Chairman and one (1) member as Vice-chairman. The chairman, and in his or her absence the vice-chairman, shall be responsible for calling and presiding over meetings of the Committee and for certifying to the Board all recommendations concerning matters which come before the Committee.(d)* Quorum. Two (2) members of the Committee shall constitute a quorum. All decisions of the Committee must be by majority vote of those present. *(Sections (a)-(d) amended 3-1-88)
(e)* Duties and Powers. The Standing Committee shall have the following powers, duties and responsibilities: (1) To receive complaints of unauthorized practice of law;(2) To refer complaints which appear to have merit to Bar Counsel for investigation and to supervise and direct such investigations by Bar Counsel;(3) To review the results of Bar Counsel investigations of allegations of unauthorized practice of law;(4) To cause cease and desist letters to be issued seeking voluntary compliance by a respondent with unauthorized practice of law statutes, rules or case law;(5) To make and submit reports and/or recommendations for the institution of judicial action to enjoin or punish the unauthorized practice of law to the Board of Commissioners.(6) To adopt additional rules of procedure subject to approval of the Board of Commissioners.(7) To cause subpoenas to be issued upon request of Bar Counsel to compel attendance and production of evidence necessary or convenient to the investigation of a complaint of the unauthorized practice of law. *(Section (e) amended 3-1-88; 3-15-91; and 6-10-98 - effective 7-1-98)
(f)* Restrictions on Issuance of Subpoenas. No subpoena shall be issued under this Rule unless a majority of the Committee shall determine, in writing, that probable cause exists to believe:(1) that a respondent is engaged in the unauthorized practice of law; and(2) the person to whom the subpoena is directed may have evidence relevant to the investigation of such matter. Each subpoena so issued shall indicate with specificity the documents sought to be produced and the matters on which the person to whom it is directed shall be asked to produce evidence. No such subpoena shall be issued in blank. A copy of each subpoena issued, together with the return thereon, shall be retained in Bar Counsel's investigative file. *(Section (f) amended 6-10-98 - effective 7-1-98)
(g)* Service of Subpoenas. Subpoenas issued under this Rule shall be served pursuant to Rule 45(c)(2), Idaho Rules of Civil Procedure.(h)* Failure to Comply with Subpoena. Failure of any person subpoenaed in accordance with this Rule shall subject that person to all penalties and procedures provided by law, including but not limited to those specified in Idaho Code Section 3-414, Rule 45(f), Idaho Rules of Civil Procedure and Title 7 Chapter 6, Idaho Code. The district court of the judicial district in which attendance or production is required, upon the petition of Bar Counsel, shall enforce the attendance and testimony of any witness and the production of any documents so subpoenaed. Witness fees and mileage shall be paid in the same manner as in the district court. *(Sections (f)-(h) added 3-15-91. Section (f) amended 6-10-98 - effective 7-1-98)
(i)Conflicts. Members of the Standing Committee shall refrain from taking part in any proceedings in which a judge, similarly situated, would be required to abstain. If, in any given case, the number of Committee members who may properly render a decision falls below a quorum, the Board of Commissioners may appoint, for that case only, the number of ad hoc members necessary to restore the Standing Committee to full membership. Each ad hoc member shall fulfill all the responsibilities of the member whom he or she replaces.(j)Compensation and Expenses. The members of the Standing Committee shall receive no compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties under these Rules.(k)Vacancies. Vacancies during a term shall be filled by the Board of Commissioners for the remainder of the unexpired term.Sections (a)-(d) amended 3/1/1988; Section (e) amended 3/1/1988; 3/15/1991; and 6/10/1998; effective 7/1/1998; Sections (f)-(h) added 3/15/1991; Section (f) amended 6/10/1998; effective 7/1/1998; Section (a) and (f) amended 6/10/1998; effective 7/1/1998.