Idaho Admin. Code r. 61.01.02.080

Current through August 31, 2023

Section 61.01.02.080 - REVIEW OF ROSTER DECISIONS

01.Denial of Initial Inclusion on the Defending Attorney Roster. (4-6-23)T

a. An attorney may appeal a denial of initial inclusion on the Defending Attorney Roster by submitting a notice of appeal within fourteen (14) days of the date of the notice of denial. (4-6-23)T

b. The Commission will review a timely appeal and issue a final agency order affirming or reversing the denial, or take other action deemed appropriate by the Commission. (4-6-23)T

02.Denial of Initial Inclusion on the Capital Defending Attorney Roster. (4-6-23)T

a. A Defending Attorney may appeal a denial of initial inclusion on the Capital Defending Attorney Roster by submitting a notice of appeal within fourteen (14) days of the date of the notice of denial. (4-6-23)T

b. A hearing officer appointed by the Commission will review a timely appeal and issue a recommended order to the Commission. (4-6-23)T

c. The Commission will issue a final agency order adopting or rejecting the hearing officer's recommended order, or take other action deemed appropriate by the Commission. (4-6-23)T

03.Emergency Removal of an Attorney from the Defending Attorney Roster or Capital Defending Attorney Roster. (4-6-23)T

a. To prevent or avoid immediate danger when: (4-6-23)T

i. An attorney's Idaho license to practice law is suspended; (4-6-23)T

ii. An attorney is disbarred in Idaho; or (4-6-23)T

iii. An attorney's Idaho license status is inactive. (4-6-23)T

b. The attorney will be removed by the Executive Director who will notify the attorney and Commission upon issuance of the notice of removal which will include a statement of the immediate danger and is effective immediately. (4-6-23)T

c. An appeal of the removal under Subsection 080.03 of these rules, will be reviewed by the Commission in an emergency proceeding under Section 67-5247, Idaho Code; (4-6-23)T

d. An attorney may appeal their emergency removal by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the date of the Executive Director's notice of removal. (4-6-23)T

e. The Commission will review a timely appeal and issue a decision within twenty-eight (28) days of receipt of timely filed notice and materials. (4-6-23)T

f. The Commission may base its decision on a written record or elect to hold a hearing. (4-6-23)T

04.Removal of an Attorney from the Defending Attorney Roster or Capital Defending Attorney Roster for Other Reasons. (4-6-23)T

a. An attorney removed from a Roster for reasons other than set forth in Subsection 080.03 of these rules, may appeal their removal by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the Executive Director's order of removal. A Defending Attorney will remain on the Roster pending resolution of the appeal. A Defending Attorney who fails to file a notice of appeal within fourteen (14) days will be immediately removed from the Roster. (4-6-23)T

b. The Commission will review a timely appeal and issue a final agency order affirming or reversing the Executive Director's decision, or take other action deemed appropriate by the Commission. (4-6-23)T

05.Confidentiality. Information about an attorney's fitness to represent Indigent Persons is confidential and exempt from Public Records Act under Section 74-105(18)(a), Idaho Code. (4-6-23)T

Idaho Admin. Code r. 61.01.02.080