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S1388................................................by JUDICIARY AND RULES
LAW PRACTICE - APPLICANTS - Amends existing law to provide for
fingerprint-based criminal history checks for applicants for the practice
of law.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Davis
Title apvd - to House
03/01 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
Rls susp - PASSED - 61-3-6
AYES -- Aikele, Barraclough, Bedke, Bell, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague,
Meyer, Montgomery, Mortensen, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wood, Mr. Speaker
NAYS -- Barrett, Kendell, Wheeler
Absent and excused -- Bieter, Crow, Cuddy, Pischner, Shepherd, Young
Floor Sponsor - Sellman
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/26 Governor signed
Session Law Chapter 297
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1388
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE ADMISSION TO THE PRACTICE OF LAW; AMENDING SECTION 3-408,
3 IDAHO CODE, TO PROVIDE FOR FINGERPRINT-BASED CRIMINAL HISTORY CHECKS AND
4 TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 3-408, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 3-408. ADMISSION TO PRACTICE AND DISBARMENT PROCEEDINGS -- RULES AND
9 BYLAWS -- POWER OF BOARD TO ADOPT -- SUPERVISORY POWER OF SUPREME COURT. The
10 board of commissioners shall have power to determine, by rules, subject to the
11 approval of the Ssupreme Ccourt, the qualifications and requirements for
12 admission to the practice of the law and to conduct investigation and examina-
13 tion of applicants, and it shall from time to time certify to the Ssupreme
14 Ccourt the names of those applicants found to be qualified. The investigation
15 shall include a fingerprint-based criminal history check of the Idaho central
16 criminal history database and the federal bureau of investigation criminal
17 history database. Each person listed as an applicant on an initial application
18 shall submit a full set of fingerprints with the application. The approval by
19 the Ssupreme Ccourt of the applicants whose names are so certified, shall
20 entitle them to enrollment, as members of the bar of this state, and to prac-
21 tice law upon their paying the required fees and taking the oath. The board
22 shall formulate rules governing the conduct of all persons admitted to prac-
23 tice and shall investigate and pass upon all complaints that may be made con-
24 cerning the professional conduct of any person admitted to the practice of the
25 law. In all cases in which the investigation, in the opinion of a majority of
26 the board, justifies such a course, it shall recommend to the Ssupreme Ccourt
27 such disciplinary action by public or private reprimand, suspension from the
28 practice of the law, or exclusion and disbarment therefrom, as the case shall
29 in its judgment warrant. Upon the making of any recommendation by the board
30 reprimanding, suspending or excluding or disbarring any member of the Idaho
31 Sstate Bbar from the practice of the law, the board shall cause the record of
32 proceedings in said matter or a copy thereof certified by its secretary or
33 president to be filed with the clerk of the Ssupreme Ccourt. The Ssupreme
34 Ccourt shall thereupon enter such judgment in said matter as it deems proper.
35 The board of commissioners shall also have power to make rules and bylaws,
36 subject to the approval of the Ssupreme Ccourt, not in conflict with any of
37 the terms of this Aact concerning the selection and tenure of its officers and
38 committees and their powers and duties, and generally for the control and reg-
39 ulation of the business of the board and of the Idaho Sstate Bbar.
40 The board of commissioners shall also have power after proceedings as in
41 other cases of discipline to recommend to the Ssupreme Ccourt the discipline
42 of its officers and the members of its committees in the event of refusal,
43 neglect, failure or corrupt or wrongful performance of their respective
2
1 duties.
STATEMENT OF PURPOSE
RS 11846
This bill would bring the Idaho State Bar into compliance with
federal requirements and allow it to continue using the FBI’s crime
information computer to check the criminal background of bar
applicants.
FISCAL IMPACT
This bill would have no fiscal impact on the state of Idaho.
Contact
Name: Bart M. Davis
Phone: 208/384-1307
STATEMENT OF PURPOSE/FISCAL NOTE S 1388