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The right to practice law in Idaho is governed by the Idaho Supreme Court. Generally, this requires admittance to the Idaho State Bar and a license to practice law. An exception to this rule is pro hac vice admission, a Latin phrase meaning “for this occasion or particular purpose.” The term typically refers to an attorney who has not been admitted to practice law in a certain jurisdiction but who is admitted in such jurisdiction temporarily for the purpose of participating in a particular case. In simple terms, this type of admission permits an attorney from a foreign jurisdiction to practice law in Idaho for a specific case.
Appeals before the Idaho Board of Tax Appeals (BTA) are contested legal proceedings. As such, an out-of-state attorney seeking to represent a party before the BTA is required to file a motion requesting special admission to represent a party in any proceeding before the BTA.
Pro hac vice admission is governed by Idaho Bar Commission Rule 227(i), which provides, “[i]n agency proceedings in Idaho, the agency may, using the same standards and procedures as a court, admit an eligible out-of-state attorney who has been retained to appear as counsel in that proceeding . . . .” In addition to paying the required fee, the applicant must also designate “Local Counsel,” which means an active member in good standing of the Idaho Bar Association.
An out-of-state attorney seeking pro hac vice admission must file a motion with the BTA according to the standards and requirements detailed in Idaho Bar Commission Rule 227. Please note, filing a motion for this type of admission does not guarantee the motion will be granted.
Pro Hac Vice Questions
For questions about filing a motion for pro hac vice admission to represent a party before the BTA, please contact the BTA at 208-334-3354. Be advised staff cannot provide legal advice.