Idaho Bar Comm. R. 406

As amended through September 30, 2024
Rule 406 - Noncompliance
(a)Grounds. The following are grounds for a finding of noncompliance under these Rules:
(1) Failure to complete the minimum CLE requirements under Rule 402(a);
(2) Failure to submit a Certificate of Compliance under Rule 402(c);
(3) Failure to complete the requirements of Rule 402(f); or
(4) Failure to complete the CLE requirement under I.B.C.R. 306(a)(1)(E) or any additional CLE credits required by the Board following Transfer to Active status.
(b)Notice. The Executive Director shall give, or cause to be given, written notice to each attorney who fails to comply with the CLE requirements of Rule 402 or I.B.C.R. 306. Such notice shall advise that:
(1) If the attorney has failed to complete the requirements of Rule 402(f), the Supreme Court will be notified to cancel the attorney's license and remove the attorney's name from the list of attorneys entitled to practice law in Idaho;
(2) If the attorney has failed to complete the CLE requirement under Rule 402(a) or (c):
(A) The attorney must complete the CLE requirement by March 1 under I.B.C.R. 305; and
(B) If the attorney fails to complete the CLE requirement by the March 1 deadline, the Supreme Court will be notified to cancel the attorney's license and remove the attorney's name from the list of attorneys entitled to practice law in Idaho; or
(3) If the attorney has failed to complete the CLE requirement under I.B.C.R. 306:
(A) The attorney must complete the CLE requirement within thirty (30) days; and
(B) If the attorney fails to complete the CLE requirement by the thirty (30) day deadline, the Supreme Court will be notified to cancel the attorney's license and remove the attorney's name from the list of attorneys entitled to practice law in Idaho.
(c)Cure of Defect. An attorney may cure noncompliance with CLE requirements under I.B.C.R. 306 or Rule 402(a) or (c) by:
(1) Completing the minimum CLE requirements by the deadline contained in the Executive Director's notice under subsection (b);
(2) Paying the MCLE late fee under I.B.C.R. 304(e)(2), if applicable; and
(3) Submitting a Certificate of Compliance to the Executive Director certifying compliance with the CLE requirements.
(d)Cancelation for Noncompliance. The license of an attorney who fails to comply with the CLE requirements may be canceled pursuant to I.B.C.R. 305.
(e)False Report. If the Executive Director has reason to believe that an attorney has filed a false Certificate of Compliance under these Rules, the attorney's name shall be forwarded to Bar Counsel for review of the attorney's conduct under the Idaho Rules of Professional Conduct.

Id. Bar Comm. R. 406