2002 Legislation
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SENATE BILL NO. 1388 – Law practice applicnt/criminal hist

SENATE BILL NO. 1388

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                    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