Rule 511 - Formal Charge Proceedings(a)Action by Board of Commissioners. Before a Formal Charge complaint shall be filed against a Lawyer by Bar Counsel, the Board of Commissioners must make a finding of probable cause and approve the filing.(b)Complaint. Bar Counsel shall institute Formal Charges by filing a complaint with the Clerk. The allegations of the complaint must be specific enough to inform the Respondent of the alleged misconduct. A copy of the complaint shall be served upon the Respondent, as provided in Rule 523(c).(c)Assignment to Hearing Committee. Upon the filing of a Formal Charge complaint, the Chair of the Professional Conduct Board shall appoint, from its approved membership, a Hearing Committee to conduct the matter. Upon assignment of the matter to a Hearing Committee, the Clerk shall send the notice of assignment, a copy of the complaint and any subsequent pleadings to the Hearing Committee members.(d)Answer. The Respondent shall file his or her written answer with the Clerk and serve the answer upon Bar Counsel within 21 days after service of the complaint, unless Bar Counsel has extended the time to answer. The Clerk shall send the answer to the Hearing Committee.(e)Failure to Answer. If the Respondent fails to answer the complaint within the prescribed time, or the time as extended, the factual allegations of the complaint shall be deemed admitted, unless Respondent demonstrates his or her failure to answer resulted from mistake, inadvertence, surprise or excusable neglect.(f)Scheduling Order. Within 21 days after the Hearing Committee has received the answer, the chair of the Hearing Committee shall hold a scheduling conference with the parties, for the purpose of establishing timetables for the completion of the case. Thereafter, the chair shall issue a scheduling order, declaring discovery deadlines, trial dates and any other significant dates for the conduct of the matter. If the Respondent has failed to answer the complaint within the time prescribed, or the time as extended, the scheduling order shall also specify that all factual allegations of the complaint have been deemed admitted and/or may provide for the procedure to determine whether Respondent's failure to respond is due to mistake, inadvertence, surprise or excusable neglect. The Hearing Committee chair should seek to conduct the matter so the hearing is held within 120 days from the scheduling conference. The Clerk shall serve copies of the scheduling order upon all parties.(g)Place and Manner of Hearing. If a resident of Idaho, Respondent has the right to have the hearing held in the county of his or her residence provided he or she has requested the same in his or her answer. If not a resident of Idaho or if the Respondent has not requested to have the hearing held in the county of his or her residence in the answer, the hearing shall be at the place designated by the chair of the Hearing Committee. The hearing shall be conducted in the manner provided in Rule 525 and may be continued from time to time as the Hearing Committee, in its discretion, may permit.(h)Hearing Committee Findings, Conclusions and Recommendations. In every Formal Charge case assigned to it, the Hearing Committee shall issue its findings of fact, conclusions of law and recommendations.(1)Service on Parties. The Hearing Committee shall send to the Clerk, who shall serve upon all parties, the findings of fact, conclusions of law and recommendations within 28 days following the conclusion of the hearing.(2)Motion to Alter or Amend. A motion to alter or amend the findings and recommendations of a Hearing Committee may be filed by either party, not later than 14 days after those findings of fact, conclusions of law and recommendations have been served upon the parties. The Hearing Committee shall consider the motion, and shall, within 14 days of receipt of the motion:(A) alter or amend its findings of facts, conclusions of law, and recommendations;(C) schedule the motion for hearing.(3)Filing with Clerk. If no motion to alter or amend is filed, the findings of fact, conclusions of law, and recommendations become final within 14 days after they are issued by the Hearing Committee. If a motion to alter or amend has been filed, the findings of fact, conclusions of law, and recommendations become final within 14 days following disposition of such motion. The Clerk shall immediately serve a copy of the final findings of fact, conclusions of law and recommendations upon the parties.(i)Recommendation of Public Reprimand. If the final findings of fact, conclusions of law and recommendations of the Hearing Committee is to impose a public reprimand as provided in Rule 506(e), the public reprimand will be imposed unless either party appeals that recommendation. To appeal such recommendation, the party must file a notice of intent to appeal with the Clerk within 21 days of service of the recommendation. The Clerk shall file the record with the Supreme Court within 21 days of receipt of the notice of intent to appeal. Upon the filing of the record with the Supreme Court, the appeal will proceed as set forth in subsection (k) of this Rule. If the Hearing Committee's recommendation to impose a public reprimand is not appealed within 21 days as set forth above, the public reprimand shall be imposed and published as provided in Rule 506(e).(j)Recommendation of Public Censure, Suspension or Disbarment. Within 21 days of service of the Hearing Committee's recommendation of a public censure, suspension or disbarment, the Clerk shall transmit all findings of fact, conclusions of law and recommendations to the Supreme Court, together with the entire record of the proceeding. In all cases in which a Hearing Committee recommends suspension or disbarment, it may recommend the Supreme Court immediately suspend the Respondent from the practice of law pending Supreme Court resolution of the matter. This subsection also applies in all cases where the Sanction of public censure and/or suspension has been withheld, as provided in Rule 507.(k)Supreme Court Review. In Formal Charge proceedings, the Respondent and/or Bar Counsel may appeal to the Supreme Court all Hearing Committee decisions that fully dispose of the entire proceeding.(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 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 shall be served on the other party. After the filing of the record and 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 filing in the Supreme Court of the findings of fact, conclusions of law and recommendations, the Supreme Court may enter its decision or order review on its own motion. 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.