As amended through July 12, 2024
Rule 510 - Interim Suspension(a)Grounds. The Supreme Court may enter an order of interim suspension if: (1) a Lawyer is convicted of a Serious Crime;(2) a Lawyer's Professional Conduct poses a substantial threat of serious harm to the public, and the alleged conduct, if true, would subject the Lawyer to the imposition of Sanctions under Rule 505 or to transfer to disability inactive status as provided in Rule 515; or(3) a Lawyer has failed, without justifiable grounds, to cooperate with or respond to a request from the Supreme Court, the Professional Conduct Board, a Hearing Committee or Bar Counsel.(b)Petition for Interim Suspension by Bar Counsel. At any time, Bar Counsel may file a petition with the Supreme Court, supported by affidavit setting forth the specific facts upon which the petition is based, requesting that the Lawyer be placed on interim suspension. Contemporaneously with the filing of the petition, Bar Counsel shall make a reasonable attempt to provide the Lawyer with notice that a petition for immediate interim suspension has been transmitted to the Supreme Court. Such notice may include personal service, service by mail, notice by telephone or notice by other electronic means.(c)Recommendation by Hearing Committee. At any point after the filing of Formal Charges, a Hearing Committee may give written direction to Bar Counsel to petition the Supreme Court for an order of interim suspension. The Hearing Committee shall base all recommendations concerning interim suspension upon the criteria set forth in subsection (a) of this Rule.(d)Court Action. Upon receipt of a petition for interim suspension, the Supreme Court may: (1) order interim suspension;(2) deny the petition for interim suspension;(3) make an order of reference pursuant to Rule 525(j); and/or(4) schedule the matter for oral argument. Any order of interim suspension shall be served upon the Respondent and Bar Counsel by the clerk of the Supreme Court.
(e)Limitations on Practice and Notice. An interim suspension under this Rule shall constitute a suspension of the Lawyer for purposes of Rules 516 and 517.(f)Motion for Dissolution or Amendment. Any motion for dissolution or amendment of an order of interim suspension shall be filed with the Supreme Court. (1)Service and Content of Motion. The motion shall be in writing, supported by affidavits setting forth specific reasons why the order of interim suspension should be dissolved or amended. A copy of the motion, together with the supporting affidavits, shall include proof of compliance with Rules 516 and 517 and shall be served upon the other party.(2)Time for Filing. The motion for dissolution or amendment may be filed at any time following the entry of the Supreme Court's order of interim suspension.(3)Applicable Rules. Any motion filed under this subsection shall be administered pursuant to the Idaho Appellate Rules.(g)Injunction on Maintenance of Trust Funds. Any order of interim suspension that restricts the Respondent's maintenance of a trust account in connection with his or her practice of law, when served on any bank maintaining such trust account, shall serve as an injunction to prevent such bank from making further payment from such trust account or accounts except in accordance with restrictions stated in the order.