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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 - 2002IN 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 theSsupremeCcourt, 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 theSsupreme 14Ccourt 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 theSsupremeCcourt 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 theSsupremeCcourt 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 31SstateBbar 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 theSsupremeCcourt. TheSsupreme 34Ccourt 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 theSsupremeCcourt, not in conflict with any of 37 the terms of thisAact 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 IdahoSstateBbar. 40 The board of commissioners shall also have power after proceedings as in 41 other cases of discipline to recommend to theSsupremeCcourt 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