Crime

Ex-Boise County prosecutor jailed for felony DUI could be practicing law by year’s end

Then-Boise County Prosecutor Jolene Maloney (left) and Jay Rosenthal, formerly also with the prosecutor’s office, talk after a court hearing in June 2015.
Then-Boise County Prosecutor Jolene Maloney (left) and Jay Rosenthal, formerly also with the prosecutor’s office, talk after a court hearing in June 2015. Idaho Statesman file

Boise attorney Jolene Maloney’s license to practice law was suspended in April after she pleaded guilty to felony DUI.

It could be restored as soon as the end of this year, according to the counsel for the Idaho State Bar.

Maloney was sentenced in March to serve four months in jail and seven years of supervised criminal probation. She received a withheld judgment, which means if she successfully completes her probation she can petition the court to have the charge dismissed.

A felony conviction does not automatically disbar licensed attorneys in Idaho. Sanctions can be imposed when there is conclusive evidence of professional misconduct, such as a conviction for a serious crime, Idaho State Bar Counsel Brad Andrews said.

Maloney was serving as Boise County prosecutor in April 2016 when she was charged with driving under the influence of intoxicants. The charge became a felony under Idaho law because she had two prior DUI convictions within 10 years.

Maloney left the Boise County position soon after.

In mid-April of this year, the Idaho Supreme Court issued a disciplinary order that suspended Maloney’s license to practice law for two years, but then withheld 18 months of that suspension. The court also placed her on probation for three years, with the unused suspension time an incentive for Maloney to follow all the terms of that probation.

She must avoid alcohol and drug-related criminal acts or traffic violations, participate in current treatment and counseling and, at her own expense, have random urinalysis tests. She must provide monthly reports to bar counsel on her compliance with probation.

Maloney’s six-month suspension from practicing law started on March 10 of this year (when she closed her practice in anticipation of being suspended) and runs through Sept. 10. To get her law license reinstated, she will have to make her case to the professional conduct board, a three-member panel that includes two attorneys and one layperson.

Katy Moeller: 208-377-6413, @KatyMoeller

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