ALASKA RULES OF COURT

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ALASKA BAR RULES

Table of Contents

PART I. ADMISSIONS

Rule

Board of Governors: General Powers Relating to Admissions.

Eligibility for Admission.*

Applications.

Examinations.

Requirements for Admission to the Practice of Law.

Review.

Procedures.

Supreme Court Review.

PART II. RULES OF DISCIPLINARY ENFORCEMENT

A. MISCONDUCT

General Principles and Jurisdiction.

(a) License.

(b ) Duty to Assist.

(d) Venue.

(e) Attorney Roster.

The Disciplinary Board of the Alaska Bar Association.

(a) Definition.

(b) Quorum.

(d) Judicial Members.

(e) Proceedings Against Board Members.

(f) Board Discipline Liaison.

Bar Counsel of the Alaska Bar Association.

(a) Powers and Duties.

(b) Grievance Forms.

(d) Record Keeping.

(e) Quarterly Report to Court and Board.

(f) Delegation to Assistant Bar Counsel.

(g) Proceedings Against Bar Counsel.

(h) Disposal of Files.

11.1 Informal Ethics Guidance by Bar Counsel.

(a) Informal Guidance.

(b) Protection.

(d) Use of Informal Guidance in Collateral Litigation.

Area Discipline Divisions and Hearing Committees.

(a) Appointment of Area Division Members.

(b) Powers and Duties of Area Division Members.

(d) Failure to Perform.

(e) Assignment of Hearing Committee Members.

(f) Hearing Committee Quorum.

(g) Conflict of Interest.

(h) Challenged Member.

(i) Powers and Duties of Committees.

(j) Proceedings Against Division Members.

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(k) Procedure for Selection and Assignment of Area Division Members by the Director.

Mediation Panels.

(a) Definition.

(b) Terms.

(d) Informal Proceedings.

(e) Written Agreement.

(f) Report to Bar Counsel.

(g) Obligation of Attorney to Participate in Good Faith.

(h) Peremptory Challenge.

(i) Challenges for Cause.

(j) Referral for Failure to Proceed.

Executive Director of Alaska Bar Association.

Grounds For Discipline.

(a) Grounds for Discipline.

(b) Unauthorized Practice of Law.

15.1 Maintenance of Trust Funds in Financial Institutions That Agree to Provide Overdraft Notification.

(a) Clearly Identified Trust Accounts in Financial Institutions Required.

(b) Overdraft Notification Agreement Required.

(d) Timing of Reports.

(e) Consent By Lawyers.

(f) Costs.

(g) Definitions.

Types of Discipline and Costs.

(a) Discipline Imposed by the Court or Board.

(b) Discipline Imposed by the Board or Bar Counsel.

(d) Conditions.

Immunity.

(a) General Immunity.

(b) Witness Immunity.

Statute of Limitations.

Refusal of Complainant to Proceed.

Matters Related to Pending Civil or Criminal Litigation.

Public Access to Disciplinary Proceedings.

(a) Discipline and Reinstatement Proceedings.

(b) Deliberations.

(d) Director’s File.

Procedure.

(a) Grievances.

(b) Confidentiality.

(d) Imposition of Private Admonition or Reprimand.

(e) Formal Proceedings.

(f) Assignment to Hearing Committee.

(g) Pre-Hearing Conference.

(h) Discipline by Consent.

(i) Notice of Hearing.

(j) Rules of Evidence.

(k) Motions, Findings, Conclusions, Recommendation.

(l) Report of Hearing Committee and Appeal.

(m) Oral Argument.

(n) Board Recommendation or Order.

(o) Notification of Disposition.

(p) Appeal from Board Order or Recommendation.

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(q) Record of Proceedings.

(r) Review by Supreme Court.

Service.

Discovery; Subpoena Power; Witness Compensation.

(a) Subpoenas during Investigation.

(b) Subpoenas during Formal Proceedings.

(d) Discovery.

(e) Witness Compensation.

Appeals; Review of Bar Counsel Determinations.

(a) Interlocutory Appeal.

(b) Admonition Not Appealable.

(d) Review of Bar Counsel’s Decision to File Formal Petition.

(e) Appeal by Bar Counsel.

(f) Appeal of Hearing Committee Findings, Conclusions, and Recommendation.

(g) Respondent Appeal from Board Recommendation or Order.

(h) Bar Counsel Petition for Hearing of a Board Recommendation or Order.

Criminal Conviction; Interim Suspension.

(a) Interim Suspension for Criminal Conviction.

(b) Definition of Serious Crime.

(d ) Duty to Report.

(e) Interim Suspension for Threat of Irreparable Harm.

(f) Reinstatement after Interim Suspension.

(g) Proceedings Following Interim Suspension.

(h) Proceedings Following Conviction for Other Than Serious Crimes.

(i) Proceedings Following Conviction of a Crime Relating to Alcohol or Drug Abuse; Interim Suspension for

Noncompliance.

(j) Interim Suspension, General Provisions.

(k) Notification.

(l) Conviction.

Reciprocal Discipline.

(a) Notice to Disciplined Attorney.

(b) Stay of Discipline.

(d) Conclusive Evidence.

Action Necessary When Attorney is Disciplined.

(a) Notice.

(b) Substitute Counsel.

(d) Prohibition on Practice.

(e) Probation.

(f) Compliance by Disciplined Attorney.

(g) Public Notice.

(h) Circulation of Notice; National Lawyer Regulatory Data Bank.

(i) Record Keeping.

(j) Surrender of Bar Membership Card.

Reinstatement.

(a) Order of Reinstatement.

(b) Petitions for Reinstatement.

(d) Oppositions to Automatic Reinstatement.

(e) Expenses.

(f) Bar Payment of Membership Fees.

B. DISABILITY

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Procedure: Disabled, Incapacitated or Incompetent Attorney.

(a) Immediate Transfer to Interim Disability Inactive Status.

(b) Transfer to Disability Inactive Status Following Hearing.

(d ) Hearing Committee and Board Duties and Obligations.

(e) Notice to Public of Transfer to Disability Inactive Status.

(f) Circulation of Notice Transferring to Inactive Status.

(g) Reinstatement.

(h) Burden of Proof.

(i) Waiver of Physician and Psychotherapist-Patient Privilege.

Appointment of Trustee Counsel to Protect Client’s Interests.

(a) Appointment; Procedure.

(b) Powers and Duties.

(d) Disposition of Assets.

(e) Force and Effect of Appointment.

(f) Reports to Bar Counsel.

(g) Compensation.

(h) Discharge of Trustee: Destruction of Files.

C. MISCELLANEOUS

Disposal of Files.

(a) Disposal of Files Concerning Deceased Attorney.

(b) Disposal of Dismissals.

(d) Compliance with Confidentiality.

Expenses.

33.1 Disciplinary and Disability Matters Take Precedence.

33.2 Effective Dates.

PART III. RULES OF ATTORNEY FEE DISPUTE RESOLUTION

General Principles and Jurisdiction.

(a) Fee Dispute Resolution Program Established.

(b ) Mandatory Arbitration for Attorneys.

(d) Attorney Jurisdiction.

(e) Duty to Assist.

(f) Venue.

(g) Immunity.

(h) Complex Arbitration.

Fees for Legal Services; Agreements.

(a) Basis or Rate of an Attorney’s Fee.

(b) Written Fee Agreement.

(d) Prohibited Attorney Fee Agreements.

(e) Fee Divisions Between Attorneys.

Bar Counsel of the Alaska Bar Association.

(a) Powers and Duties.

(b) Arbitration Forms.

(d) Record Keeping.

(e) Quarterly Report to the Board and Executive Committee.

(f) Delegation of Responsibility.

(g) Disposal of Files.

Area Fee Dispute Resolution Divisions; Arbitration Panels; Single Arbitrators.

(a) Appointment of Area Division Members.

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(b) Failure to Perform.

(d) Arbitration Panel Quorum.

(e) Assignment of Single Arbitrator for Disputes of $5000.00 or Less.

(f) Conflict of Interest.

(g) Challenges for Cause.

(h) Peremptory Challenge.

(i) Powers and Duties of Arbitrators.

(j) Panel Chair Duties Take Precedence.

The Executive Committee of the Fee Dispute Resolution Program.

(a) Definition.

(b) Quorum.

(d) Meetings.

Notice of Right to Arbitration; Stay of Proceedings; Waiver by Client.

(a) Notice Requirement by Attorney to Client.

(b) Stay of Civil Proceedings.

(d) Waiver of Right to Request or Maintain Arbitration.

Procedure.

(a) Petition for Arbitration of Fee Disputes.

(b) Petition Review.

(d) Respondent Answer to Petition Required.

(e) Assignment to Arbitration, Dismissal for Failure to Proceed with Arbitration.

(f) Notice of Arbitration Hearing.

(g) Continuances; Adjournments.

(h) Telephonic Hearings.

(i) Arbitration Without Hearing.

(j) Written Evidentiary Submissions Allowable.

(k) Affidavit Submissions.

(l) Appearance.

(m) Failure of a Party to Appear.

(n) Evidence.

(o) Attorney-Client Privilege.

(p) Subpoenas and Discovery; Costs.

(q) Decision of the Arbitrator or Arbitration Panel.

(r) Confidentiality.

(s) Modification of Decision by the Arbitrator or Panel.

(t) Confirmation of an Award.

(u) Appeal.

(v) Suspensions for Nonpayment of an Award.

Service.

Informing the Public.

PART IV.

Waivers to Practice Law for Alaska Legal Services Corporation.

43.1 Waivers to Practice Law Under a United States Armed Forces Expanded Legal Assistance Program.

43.2 Emeritus Attorney.

(a) Purpose.

(b) Bar Dues.

(d) Authority.

(e) Duties of an Emeritus Attorney.

43.3 Waivers to Practice Law Before Alaska National Guard Courts-Martial and All Subsequent Appeals.

43.4 Waiver to Practice Law for Attorney Spouses of Active Duty Military Personnel Stationed Within the State.

43.5 Waiver to Engage in the Limited Practice of Law for Non-Lawyers Trained and Supervised by Alaska Legal

Services Corporation.

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43.6

Waiver to Engage in Pro Bono Practice as an Out-of-State Attorney Supervised by a Qualified Legal Services Provider.

Legal Interns and Supervised Practitioners.

44.1 Foreign Law Consultants.

(a) Introduction.

(b) Eligibility.

(d) Hardship Waiver.

(e) Scope of Practice.

(f) Disciplinary Provisions.

PART V. LAWYERS’ FUND FOR CLIENT PROTECTION

Definitions.

Applications for Reimbursement.

Filing Applications and Preliminary Consideration.

The Committee.

Authority of Committee and Board.

Evidence and Burden of Proof.

When Testimony is to be Reported and Transcribed.

Consideration by Committee.

Consideration by the Board.

Payments at Discretion of State Bar.

Assignment of Applicant’s Rights and Subrogation.

Applicant May Be Advised.

Rejection of the Application; Finality.

Confidential Nature of Proceeding and Records.

Other Rules.

General Provisions.

(1) General Immunity.

(2) Witness Immunity.

PART VI.

Suspension for Nonpayment of Alaska Bar Membership Fees, Fee Arbitration Awards, and Child Support

Obligation; and for Failure to Respond to a Grievance.

(d) Suspension for Nonpayment of Child Support Obligation.

(e) Suspension for Failure to Respond to a grievance Accepted for Investigation.

Adoption of Recommended Rules, Bylaws, and Regulations.

Unauthorized Practice of Law—AS 08.08.230.

Mandatory Affidavit of Review of Alaska Rules of Professional Conduct; Suspension for Noncompliance.

Continuing Legal Education.

(a) Mandatory Continuing Legal Education.

(b) Carryforward of Credit Hours.

(d) Time Extensions.

(e) CLE Activities.

(f) Approval of CLE Programs.

(g) Effective Date; Reporting Period; Inapplicability to New Admittees.

Noncompliance with Continuing Legal Education Requirements; Suspension.

(a) Notice of Noncompliance.

(b) Suspension for Noncompliance with Mandatory Continuing Legal Education Requirement or

Noncompliance with Requirement to Report MCLE.

ALASKA BAR RULES

PART I. ADMISSIONS

Rule 1. Board of Governors: General Powers

Relating to Admissions.

Section 1.

As used in Rules I–VIII:

(a) “Attorney applicant” means a person who has

complied with the eligibility requirements of Rule 2, Section 2;

(b) “Bar examination” means the examination offered to

applicants for admission to the practice of law in Alaska;

Bar Association;

(d) “Committee” means the

Examiners appointed by the Board;

Committee

Law

(e) “Executive Director” means the Executive Director

of the Alaska Bar Association;

(f) “General applicant” means a person who has

complied with the eligibility requirement of Rule 2, Section

1(a) through (e);

(g) “President” means the President of the Alaska Bar

Association;

(h) “Receipt of written notice” means the delivery of a

written notice personally to the addressee or by mail to the

most current address which the addressee has provided to the

Alaska Bar Association. Written notices shall be presumed to

be received by the addressee five days after the postmark date

of certified or registered mail sent to the most current address

which the addressee has provided to the Alaska Bar

Association.

Section 2.

Only those persons who fulfill all

requirements for admission as provided by these rules shall be

admitted to the practice of law in the State of Alaska and shall

be members of the Alaska Bar Association.

Section 3.

The Board shall examine or provide by

contract or otherwise for the examination of all general

applicants for admission to the practice of law and shall

determine or approve the time, place, scope, form and content

of all bar examinations.

Bar examinations may, in whole or in part, be prepared,

administered and graded by or in cooperation with other states

or the National Conference of Bar Examiners consistent with

standards fixed or approved by the Board acting with the

advice of the Committee of Law Examiners. No contract or

cooperative agreement for the preparation, administration or

grading of a bar examination shall operate to divest the Board

of its authority to independently determine the eligibility of an

applicant to be admitted to the practice of law.

Section 4.

There shall be appointed a Committee of

Law Examiners. The appointments shall be made by the

President. Except as specified in this rule, members of the

Committee shall serve for three years and until their successors

are appointed. The terms of the members of the Committee

shall be staggered so that the terms of at least one-third of the

members shall expire on June 30 of each year. Any person who

has served on the Committee within the previous three years

may serve as an alternate member in the event that one or more

of the regular members is unable to participate in a portion of

the grading process. The President shall appoint the

Chairperson of the Committee, who shall act as Chairperson

for one year commencing on July 1. The Chairperson may be

reappointed to successive terms. The Chairperson shall

designate alternate members to serve, as necessary.

Section 5.

The Committee shall grade the bar

examination except the Multistate Bar Examination which

shall be graded by the National Conference of Bar Examiners.

The Committee shall advise the Board concerning the grading

or administration of bar examinations as from time to time

directed by the Board. The Board shall furnish to the

Committee clerical and other assistance as may be deemed

necessary by the Board.

Section 6.

A majority of the members of the

Committee shall constitute a quorum for the transaction of

business relating to admissions. Seven members of the Board

shall constitute a quorum for such business.

Section 7.

Any member of the Board, upon application

by the Executive Director or by a master appointed by the

President, shall have the power to issue subpoenas for the

attendance of witnesses, or for the production of documentary

evidence before the Board or before anyone authorized to act

in its behalf.

Section 8.

A member of the Board or anyone

authorized to act in its behalf shall have power to administer

oaths and affirmations and to take testimony concerning the

admission of an applicant or administration of this rule.

Section 9.

Any person subpoenaed by the Board or its

designee to appear or produce writings who refuses to appear,

give testimony, or produce the matter subpoenaed is in

contempt of the Board. A member of the Board may report a

contempt of the Board to the Superior Court for the judicial

District in which the proceeding is being conducted. The

refusal or neglect of an applicant to respond to a subpoena or

subpoena duces tecum shall constitute cause for abatement of

further proceedings and dismissal of the application by order

of the Board and costs may be assessed in the case of the

applicant’s contempt.

Section 10. On verified petition of the Executive

Director or of an applicant, any member of the Board may

order that the testimony of a material witness residing inside or

outside the state be taken by deposition in the manner

prescribed by law for depositions in civil actions. The petition

shall set out (1) the name and address of the witness whose

testimony is desired; (2) a showing of the materiality of the

witness’ testimony; (3) a showing that he witness will be

unable or cannot be compelled to attend; and (4) a request for

an order requiring the witness to appear and testify before an

officer named in the petition for that purpose. If the witness

resides outside the state and if a member of the Board orders

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the taking of the witness’ testimony by deposition, the member

of the Board shall obtain an order of court to that effect by

filing a petition for the taking of the deposition in the superior

court. The proceedings on this order shall be in accordance

with provisions governing the taking of a deposition in the

superior court in a civil action.

Section 11. (a) General Immunity. Members of the

Board, members of the Committee, the Executive Director, Bar

Counsel, and all Bar staff are immune from suit for conduct in

the course and scope of their official duties as set forth in these

rules.

(b) Witness Immunity. The Court or its designee may, in

its discretion, grant immunity from criminal prosecution to

witnesses in admissions proceedings upon application of the

Board, Bar Counsel, the lawyer, or counsel for the lawyer, and

after receiving the consent of the appropriate prosecuting

authority.

(Added by SCO 161 effective immediately and amended by

SCO 205 effective, nunc pro tunc, March 15, 1975; amended

by SCO 285 effective September 22, 1977; by SCO 399

effective May 1, 1980; by SCO 400 effective, nunc pro tunc

January 1, 1980; by SCO 504(1) effective March 1, 1982; by

SCO 1153 effective July 15, 1994; by SCO 1174 effective July

15, 1995; by SCO 1193 effective July 15, 1995; by SCO

1814(1) effective January 1, 2014; by SCO 1814(2) effective

May 16, 2014; and by SCO 1830 effective October 15, 2014)

Rule 2.

Eligibility for Admission.*

Section 1.

shall:

(2) academic misconduct

disciplinary action;

(b) Be a graduate with a degree of Juris Doctor (JD) or

Bachelor of Laws (LLB) of a law school which was accredited

or approved by the Council of Legal Education of the

American Bar Association or the Association of American

Law Schools when the applicant entered or graduated, or

submit proof that the law course required for graduation for

either the JD or LLB degree from such a law school will be

completed and that a JD or LLB degree will be received as a

matter of course before the date of examination. Certified

proof of graduation shall be sent directly from the law school

to the Alaska Bar Association and received prior to the date of

the examination;

(d) Be one whose conduct justifies the trust of clients,

adversaries, courts and others with respect to the professional

duties owed to them. Conduct manifesting a significant

deficiency in the honesty, trustworthiness, diligence or

reliability of an applicant is a basis for denial of admission.

Any of the following should be treated as cause for further

inquiry before the bar examining authority decides whether the

applicant possesses the character and fitness to practice law:

which

has

resulted

(3) making of false statements under oath or affirmation,

including omissions;

(4) acts involving

misrepresentation;

dishonesty,

fraud,

deceit

(5) unjustifiable neglect of financial obligations;

(6) violation of an order of a court;

(7) evidence of mental or emotional disorders;

(8) evidence of drug or alcohol abuse or dependency;

(9) denial of admission to the Bar in another jurisdiction

on character and fitness grounds;

(10) disciplinary action by an attorney disciplinary

agency, other professional disciplinary agency or any

governmental or administrative agency of any jurisdiction.

In weighing each of the above factors, the following

should be considered in assigning weight and significance to

prior conduct or condition:

(1) the applicant’s age at the time of the conduct or

condition;

(2) the recency of the conduct or condition;

Every general applicant for examination

(a) File an application in a form prescribed by the Board

and produce and file the evidence and documents prescribed

by the Board in proof of eligibility for admission;

(1) a criminal conviction except minor traffic violations;

(3) the reliability of the information concerning the

conduct or condition;

(4) the seriousness of the conduct or condition;

(5) the circumstances surrounding the conduct or

condition;

(6) the cumulative effect of conduct, condition or

information;

(7) the evidence of stabilization or rehabilitation;

(8) the applicant’s positive social contribution since the

conduct or condition;

and

(9) the applicant’s truthfulness in the admissions process;

(10) the

materiality

misrepresentations.

any

omissions

(e) Not be disbarred or suspended for disciplinary

reasons, not have resigned with disciplinary charges pending,

or otherwise not be in good standing for disciplinary reasons in

any jurisdiction. A person who cannot satisfy this subsection

may not submit an application for admission.

Section 2.

(a) An applicant who meets the

requirements of (a) through (e) of Section 1 of this Rule and

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has engaged in the active practice of law in one or more states,

territories, or the District of Columbia for three of the five

years immediately preceding the date of the applicant’s

application may upon motion be admitted to the Alaska Bar

Association without taking the bar examination. The motion

shall be served on the executive director of the Alaska Bar

Association. An applicant will be excused from taking the bar

examination upon compliance with the conditions above, and

payment of a non-refundable fee to be set by the Board for

applicants seeking admission on motion.

(3) meets the requirements of (a), (c), (d), and (e) of

Section 1 of this Rule.

(b) An applicant is not eligible for admission under this

section if the applicant has engaged in the unauthorized

practice of law in Alaska.

(2) has successfully completed a clerkship program under

AS 08.08.207, and

of law” shall mean at least 750 hours per year in one or more

of the following activities:

(1) engaged in representing one or more clients in the

private practice of law, which may include pro bono legal

services as described in the Alaska Rules of Professional

Conduct 6.1(a) and (b)(1)-(2);

(2) serving as an attorney in governmental employment,

or as a law clerk for a judicial officer, provided graduation

from an ABA or AALS accredited law school is a required

qualification of such employment;

(3) serving as counsel for a non-governmental

corporation, entity or person and performing legal services of a

nature requiring a license to practice law in the jurisdiction(s)

in which performed;

(b) A person shall also be eligible to take the bar

examination as a general applicant if the person

(1) has successfully completed not less than one academic

year of education at a law school accredited or approved by the

Council of Legal Education of the American Bar Association

or the Association of American Law Schools,

(3) meets the requirements of (a), (c), (d), and (e) of

Section 1 of this Rule.

the principles of English law are taught but which is located

outside the United States and beyond the jurisdiction of the

Council of Legal Education of the American Bar Association

or the Association of American Law Schools may be eligible

to take the bar examination as a general applicant if the person

submits proof that

(1) the foreign law school from which the person

graduated meets the American Bar Association’s Council of

Legal Education standards for approval,

(2) the person has either

(5) serving as a judge in a court of the United States, its

states, its territories, or the District of Columbia; or

(a) successfully completed not less than one academic

year of education at a law school accredited or approved by the

Council of Legal Education of the American Bar Association

or the Association of American Law Schools, including

evidence satisfactory to the Board of Governors that the person

has successfully completed not less than one course in United

States Constitutional Law and one course in Civil Procedure in

the United States, or

(6) employed by a Legal Services Corporation program

or a not-for-profit law firm, performing legal services of a

nature requiring a license to practice law in the jurisdiction(s)

in which performed.

(b) is a member in good standing of the Bar of one or

more states, territories, or the District of Columbia and was

admitted to the Bar of that state, territory, or the District of

Columbia after written examination, and

(d) An applicant not eligible for admission pursuant to

this section may qualify for general applicant status.

(3) meets the requirements of (a), (c), (d), and (e) of

Section 1 of this Rule.

Section 3.

(a) A person who has not graduated from a

law school accredited or approved by the Council of Legal

Education of the American Bar Association or the Association

of American Law Schools shall be eligible to take the bar

examination as a general applicant if the person

(d) A person eligible to take the bar examination as a

general applicant under (a) through (c) of this section shall

request that:

(4) teaching law at one or more accredited law schools in

the United States, its territories, or the District of Columbia;

(1) has been licensed to practice law in one or more

jurisdictions in the United States for three of the five years

immediately preceding the date of the person’s first or

subsequent applications for admission to the practice of law in

Alaska,

(2) was engaged in the active practice of law for three of

those five years, and

(1) certified proof of graduation and/or attendance be sent

directly from the law school(s) attended to the Alaska Bar

Association, and

(2) where applicable under Section 3(c)(2)(b), a certificate

of good standing from the Bar of the state, territory, or District

of Columbia where the person is licensed to practice law be

sent directly to the Alaska Bar Association. Proof of

attendance and/or graduation and the certificate of good

standing must be received prior to the date of the examination.

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Section 4.

An applicant who meets the requirements of

(a) through (e) of Section 1 of this Rule or meets the

requirements of Section 3 of this Rule, and has achieved a

scaled score of 270 or above on a Uniform Bar Examination

(UBE) administered in any state, territory, or the District of

Columbia within five years preceding the date of the

application to the Alaska Bar Association may be admitted to

the Alaska Bar Association.

(Added by SCO 161 effective immediately; amended by

Amendment No. 1 to SCO 161 effective April 12, 1974; by

SCO 220 effective December 15, 1975; by SCO 347 effective

April 1, 1979; by SCO 401 effective May 1, 1980; by SCO 431

effective November 1, 1980; by SCO 466 effective June 1,

1981; by Ch. 52, § 15 of Session Laws of Alaska 1981; by

SCO 593 effective May 3, 1984; amended by SCO 607

effective January 1, 1985; by SCO 971 effective July 15, 1989;

by SCO 1005 effective January 15, 1990; by SCO 1042

effective January 15, 1991; by SCO 1051 effective January 15,

1991; amended by SCO 1230 effective April 12, 1996; by

SCO 1380 effective April 15, 2000; by SCO 1394 effective

October 15, 2000; by SCO 1418 effective April 15, 2001; by

SCO 1553 effective October 15, 2004; by SCO 1548 effective

November 15, 2004; and by SCO 1704 effective October 15,

2009; by SCO 1814(1) effective January 1, 2014; by SCO

1830 effective October 15, 2014; by SCO 1831 effective

October 15, 2014; by SCO 1980 effective March 17, 2022; by

SCO 2002 effective February 27, 2023; and by SCO 2031

effective November 18, 2024)

*Editor’s Note: Section 9, Chapter 119, Session Laws of

Alaska 1978, provides that “Section 1-8 of this Act [Chapter

119, Session Laws of Alaska, 1978] have the effect of

changing section 5 of Rule 2 of the Alaska Bar Rules of the

Rules of Court by transferring the responsibility for the

program of law clerk study under AS 08.08.207 from the

Supreme Court to the University of Alaska.”

Rule 3.

Applications.

Section 1.

An application form shall be provided by

the Board upon request and upon payment of such fees as the

Board shall deem appropriate. Bar examinations shall be held

in the months of February and July of each calendar year. The

time, date, place or places of each bar examination shall be

announced by the Board no fewer than 120 days prior to the

first day of such bar examination, and prompt notice thereof

shall be provided all applicants and persons who have been

provided applications following the date of the last preceding

bar examination. Application forms provided by the Board

shall be transmitted with a copy of the Alaska Bar Rules

governing admission to the practice of law. The Board may

provide applicants with such other matter as it may deem

pertinent.

Section 2.

Any person seeking admission to the

practice of law shall file with the Executive Director at the

office of the Alaska Bar Association an application in the form

provided by the board. The application shall be made under

oath and contain such information relating to the applicant’s

age, residence, addresses, citizenship, occupations, general

education, legal education, moral character and other matters

as may be required by the Board. Any notice required or

permitted to be given an applicant under these rules, if not

personally delivered shall be delivered to the mailing address

declared on the application unless notice in writing is actually

received by the Board declaring a different mailing address.

Any notice concerning the eligibility of the applicant sent by

certified mail to the last mailing address provided shall be

deemed sufficient under these rules. The application shall be

deemed filed only upon receipt of a substantially completed

form with payment of all required fees. Applications received

without payment of all fees or which are not substantially

complete shall be promptly returned to the applicant with a

notice stating the reasons for rejection and requiring payment

of such additional fees as may be fixed by the Board as a

condition of reapplication.

Section 3. An application shall be filed not later than May

1 for the July bar examination and not later than December 1

for the February bar examination. The Executive Director may,

for good cause, accept applications for late filing after the May

1 and December 1 deadlines. A total late filing fee of $125.00

shall be paid for applications accepted after May 1 and

December 1.

Section 4.

The application fee shall be in an amount

fixed by the Board from time to time. Fees shall be paid at the

time the application is filed.

Section 5.

If an applicant fails to meet the

requirements of Rule 2, or to take a bar examination, no refund

shall be made unless the application shall be withdrawn within

10 days following notice of its receipt by the Board in which

event the application fee, less a reasonable cancellation fee,

shall be refunded.

Section 6. An applicant who has failed to pass a bar

examination required by Rule 2 may reapply for admission to

take a subsequent bar examination.

Reapplications shall be made by filing a reapplication form as

required by the Board by December 1 for the February bar

examination and by May 31 for the next July bar examination

following failure of the most recent February exam.

Applicants for reexamination shall be required to pay the

reapplication fee fixed by the Board. An applicant who does

not comply with this Section must reapply pursuant to Sections

1 through 5 of this Rule.

(Added by SCO 161 effective immediately; amended by SCO

204 effective, nunc pro tunc, November 25, 1974; by SCO 473

effective July 1, 1981; by Ch. 52, § 15 of Session Laws of

Alaska 1981; by SCO 504(2) effective March 1, 1982; by SCO

1036 effective January 15, 1991; by SCO 1153 effective July

15, 1994; by SCO 1177 effective July 15, 1995; by SCO 1202

effective July 15, 1995; by SCO 1295 effective January 15,

1998; by SCO 1652 effective October 15, 2007; by SCO 1966

effective August 2, 2021; and by SCO 2031 effective

November 18, 2024)

ALASKA BAR RULES

Rule 4.

Examinations.

Section 1.

An applicant shall be allowed to take the

bar examination once the applicant’s application is approved

by the board. Every applicant shall be notified no fewer than

ten days in advance of the bar examination whether the

application has been approved and shall be provided an

examination permit. The examination permit shall be presented

to the examination proctor on the first day of the examination.

Section 2.

If an application is approved by the board,

the applicant shall submit to a bar examination. The bar

examination shall be given not less than once every 12 months,

shall be written, and shall be conducted in the manner and at

the time and place established by the board. The board may

direct that the bar examination be administered to applicants

with physical handicaps in a fair and reasonable manner other

than the manner by which it is administered to other

applicants. An applicant with a physical handicap who desires

the bar examination to be administered in a manner other than

the manner by which it is administered to other applicants shall

so petition the board at the time of filing the application.

Approval of an application and subsequent bar examination

shall not operate to foreclose a subsequent determination by

the board that the applicant is unfit or ineligible for

certification to the supreme court for admission to the practice

of law.

Section 3.

As soon as practicable after the bar

examination, the committee shall certify to the board its

written report of bar examination. The committee shall submit

to the board a written report stating the total number of

applicants examined, the number passing and the number

failing the bar examination, the average performance of each

as designated by the code number of each, the maximum

possible point value of each bar examination part or section,

and other information the committee or the board may deem

relevant.

Section 4.

The board shall determine the qualifications

of each applicant upon the basis of the report of the Law

Examiners Committee, proof of passage of the Multistate

Professional

Responsibility

Examination,

the

recommendations of the executive director, and such other

matter it may consider pertinent under these rules. The board

shall certify to the supreme court the results of the bar

examination and its recommendations as to those applicants

who are determined qualified for admission to the practice of

law and who have complied with the provisions of Rule 5.

Notice of the board’s determination shall be provided in

writing to each applicant. Notice to an applicant determined

not qualified shall state the reason for such determination.

Section 5.

If written request is made to the board

within one month following notice of failure to pass a bar

examination, an applicant who takes and fails to pass the bar

examination has the right to inspect his or her Multistate Essay

Examination (MEE) and the Multistate Performance Test

(MPT) examination books, the grades assigned thereto, and a

representative sampling of passing and failing MEE or MPT

answers to the bar examination at the office of the Alaska Bar

Association, or at such place as the board may designate.

Absent an express prohibition by the National Conference of

Bar Examiners (NCBE), an applicant who takes and fails to

pass the bar examination has the right to inspect a copy of his

or her Multistate Bar Examination (MBE) answer sheet or

Multistate Professional Responsibility Examination answer

sheet, scores, and the correct answer key to the form of his or

her MBE examination or Multistate Professional Responsibility Examination under the procedures designated by the

board. An applicant has no right to a copy of any of these MBE

materials or Multistate Professional Responsibility Examination materials for removal from the place of inspection. An

applicant who passes the bar examination is not entitled to

inspect any MEE or MPT examination books or discover the

individual grades assigned thereto. The Executive Director will

provide all applicants their total written scaled score (based on

the MEE and MPT), MBE scaled score, and UBE total scaled

score.

Section 6. A scaled score of 270 or above, as calculated

by the National Conference of Bar Examiners, shall be the

passing grade on the bar examination.

Section 7. (Repealed by SCO 608 effective July 1, 1985)

Section 8.

All examination books and answers,

including those designated by the committee as comprising a

representative sampling of passing and failing answers to the

bar examination, may be destroyed one year following the last

date an applicant has been notified of the applicant’s failure;

except that no examination book and answers shall be

destroyed until one year following the final disposition of any

proceeding to which they may be relevant.

(Added by SCO 161 effective immediately; amended by SCO

233(1) effective April 1, 1976; amended by SCO 247 effective

April 1, 1976; amended by SCO 293 effective March 15, 1978;

by SCO 504(3) effective June 1, 1982; amended by SCO 608

effective July 1, 1985; by SCO 762 effective October 30, 1986;

by SCO 1153 effective July 15, 1994; by SCO 1178 effective

July 15, 1995; by SCO 1487 effective December 11, 2002; by

SCO 1487 effective April 15, 2003; by SCO 1807 effective

October 15, 2013; by SCO 1814(1) effective January 1, 2014;

by SCO 1814(2) effective May 16, 2014; by SCO 1856

effective May 1, 2015 and by SCO 2002 effective February 27,

2023)

Rule 5.

Requirements for Admission to the Practice

of Law.

Section 1.

(a) To be admitted to the practice of law in

Alaska, an applicant must

(1) pass the bar examination prescribed pursuant to Rule

4; be excused from taking the bar examination under Rule 2,

Section 2; or transfer a UBE scaled score of 270 or above

achieved on a UBE administered in any state, territory, or the

District of Columbia within five years preceding the date of the

application to the Alaska Bar Association;

(2) pass the Multistate Professional Responsibility

Examination by obtaining a scaled score of 80 at an

ALASKA COURT RULES

examination taken not more than eight years prior to the

applicant’s Alaska application for admission;

(3) be found by the Board to meet the standard of

character and fitness, as required pursuant to Rule 2(1)(d);

(4) be determined by the Board to be eligible in all other

respects;

(5) pay prorated active membership dues for the balance

of the year in which he or she is admitted, computed from the

first day of admission;

(6) attend a presentation on attorney ethics as prescribed

by the Board prior to taking the oath prescribed in Section 3 of

this rule;

(7) file an affidavit as required by Bar Rule 64 stating

that the applicant has read and is familiar with the Alaska

Rules of Professional Conduct; and

(8) take the oath prescribed in Section 3 of this rule.

(b) Within 60 days after completion of the requirements

stated in subparagraphs (a)(1), (2), (6), and (7) of Section 1 of

this Rule, an applicant must file with the Alaska Bar

Association the forms provided by the Board, formally

accepting membership in the Association and admission to the

practice of law in Alaska.

an applicant, or may continue such an investigation, after the

applicant has been permitted to take, or has passed, the

examination prescribed by the Board pursuant to Rule 4. The

fact that the Board has permitted the applicant to take the

examination, and has given the applicant notice that he or she

has passed the examination, shall not thereafter preclude the

Board from denying the admission of the applicant on the

grounds of character and fitness as set forth in Bar Rule

2(1)(d).

Section 2.

An applicant who fails to comply with the

provisions of Section 1 of this Rule shall not be eligible for

certification to the Supreme Court for admission and shall be

deemed to have abandoned the application.

Section 3.

Upon receiving certification of the

eligibility of an applicant, any state or federal judicial officer

may enter an order admitting the applicant as an attorney at

law in all the courts of the state and to membership in the

Alaska Bar Association. Each applicant ordered admitted to

the practice of law shall take the following oath before any

state or federal judicial officer:

I do swear or affirm:

I will support the Constitution of the United States and the

Constitution of the State of Alaska;

I will respect courts of justice and judicial officers;

law;

I will always be truthful and honorable in my practice of

I will not aid anyone in formulating or pursuing claims or

defenses that are asserted in bad faith or are unfounded in fact

or law;

I will never seek to mislead a judge, a jury, or another

attorney by false statement or trickery;

I will be candid, fair, and courteous to courts, attorneys,

parties, and witnesses;

I will not attack the honor or reputation of any person

unless I am required to do so in order to obtain justice for my

client;

Except as authorized or required by the Rules of

Professional Conduct, I will preserve the secrets of my clients,

and I will not engage in conduct that might impair my loyalty

to a client;

I will uphold the honor and dignity of the legal profession;

And I will strive to improve both the law and the

administration of justice.

A certificate of admission shall thereupon be issued to the

applicant by the clerk of the court.

(Added by SCO 161 effective immediately; amended by SCO

346 effective April 1, 1979; by SCO 392 effective January 1,

1980; by SCO 402 effective May 1, 1980; and by SCO 504(4)

effective June 1, 1982; amended and renumbered by SCO 609

effective January 1, 1985; by SCO 971 effective July 15, 1989;

by SCO 1083 effective January 15, 1992; by SCO 1087

effective January 15, 1992; by SCO 1146 effective September

9, 1993; by SCO 1148 effective July 15, 1994; by SCO 1153

effective July 15, 1994; amended by SCO 1228 effective July

15, 1996; by SCO 1229 effective April 12, 1996; by SCO 1378

effective December 16, 1999; by SCO 1380 effective April 15,

2000; by SCO 1488 effective April 15, 2003; by SCO 1652

effective October 15, 2007; by SCO 1704 effective October

15, 2009; by SCO 1808 effective October 15, 2013; SCO 1814

effective January 1, 2014; by SCO 1924 effective October 15,

2018; and by SCO 2002 effective February 27, 2023)

Rule 6.

Review.

Section 1.

Notice and representation by counsel.

(a) Notice of any final adverse determination by the

Board, a master, or a committee appointed by the Board, shall

be given to an applicant. Such notice shall be sufficiently

specific to allow the applicant to be able to prepare a response,

petition for review, or request for hearing as may be permitted

under these rules.

(b) The Board shall send written notice by certified mail

to the applicant’s latest address on file with the Executive

Director.

proceedings for admission to the practice of law. Such counsel

shall be admitted to practice in the State of Alaska or

authorized to practice law pursuant to the provisions of Rule

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81 Alaska R. Civ. P., and shall file a written appearance with

the Board. Thereafter, notices required or permitted to be

served upon the applicant shall be served upon the applicant’s

counsel.

Section 2.

An applicant who has been denied an

examination permit or who has been denied certification to the

Supreme Court for admission to practice shall have the right,

within thirty days after receipt of written notice of such denial,

to file with the Board a written statement of appeal. Such

statement of appeal shall be verified by the oath of the

applicant that all statements contained therein are true, on the

applicant’s own knowledge, or on the basis of information

furnished to the applicant. Failure to file a timely appeal

statement shall constitute a waiver of any right to appeal. The

statement of appeal filed by the applicant shall state all

grounds upon which the applicant intends to rely and may:

(a) Object to the form of notice from which such appeal

is taken on the ground that it is so indefinite or uncertain that

the applicant cannot reasonably prepare his or her statement;

(b) Present the materials and documents on which the

applicant relies to establish his or her eligibility to take the

examination or for admission to practice, whichever is

applicable.

An applicant who is denied an examination permit or who is

denied certification shall allege facts which, if true, would

establish an abuse of discretion or improper conduct on the

part of the Board, the Executive Director, the Committee, or a

master. If the allegations in the verified statement are found to

be sufficient by the Board, a hearing shall be granted. If a

hearing is denied, the applicant may appeal from the denial of

the hearing under the procedures of Rule 8.

Section 3.

In any appeal the applicant shall have the

burden of proving the material facts upon which the applicant

relies.

Section 4.

A master appointed by the President from

among the active membership of the association shall preside

at all hearings convened under this rule. The master shall hear

the evidence without the Board unless the President shall order

the hearing in the presence of the Board. No fewer than twenty

days before the hearing the applicant shall be given notice of

the date of the hearing, the identity of the master, and whether

the hearing is to be before the master alone, or before the

Board with the master. All notices shall be given by the

Executive Director, as required by the master or the President.

Section 5.

When the Board hears the case with the

master, the master shall preside and rule on the admission of

evidence. The hearing shall be administered as directed by the

Board.

Section 6.

Board members or masters appointed under

this rule shall disqualify themselves and withdraw from any

case in which they cannot accord a fair and impartial hearing.

The applicant may request the disqualification of the master or

of a Board member by filing an affidavit within ten days

following the first notice of the hearing. The affidavit shall

state with particularity why a fair and impartial hearing cannot

be accorded by the person sought to be disqualified. Where the

request concerns a Board member the issue shall be

determined by the master. Notice of the determination shall be

given applicant no fewer than 10 days before commencement

of the hearing and such notice shall include the name of a new

master if one is appointed. The time for notice fixed by Section

3 and by this Section shall not apply to notice concerning a

master appointed to replace a disqualified master.

Section 7.

Only the following materials shall be

subject to production by the Alaska Bar Association in any

proceedings held pursuant to this Rule:

(a) Where certification for admission to practice has

been denied, the failing applicant has the right to inspect

examination materials only as provided in Rule 4(5); and,

(b) Where an examination permit has been denied on the

basis of character and fitness, the applicant has a right to

inspect the minutes of any meeting of the Board of Governors

at which the applicant’s character and fitness has been

discussed, together with a statement of the specific grounds

upon which denial of the permit was based.

Section 8.

When the Board denies an examination

permit on the basis of character and fitness, the Board shall

give the applicant immediate written notice of its action,

together with a statement of the specific grounds on which the

denial of the examination permit is based. Within 10 days of

receipt of such written notice, the applicant may submit to the

Board such written argument, documentation, or other material

as the applicant deems relevant to the proof of his or her

character and fitness. Upon receipt of any such material, the

Board shall reconsider the denial in a timely fashion and give

written notice of its decision.

(Added by SCO 161 effective immediately: amended by SCO

341 § 1 effective April 1, 1979; by SCO 402 effective May 1,

1980; by SCO 463 effective June 1, 1981; by SCO 761

effective October 30, 1986; by SCO 971 effective July 15,

1989; by SCO 1153 effective July 15, 1994; and by SCO 1669

effective April 15, 2008)

Rule 7.

Procedures.

Section 1.

All hearings before the master shall be

electronically recorded with the facilities provided by the

Alaska Court System. The transcript of testimony and exhibits,

together with all papers and requests filed in the proceedings,

shall constitute the exclusive record for decision. The record

may be destroyed two years following the last date upon which

administrative appeal rights may be available under the

provisions of this Rule.

Section 2.

From the time the master has been

designated to preside until issuance of the master’s proposed

decision and the transfer of the proceeding to the board, the

master shall have the following authority to:

(a) Take or cause depositions to be taken;

ALASKA COURT RULES

(b) Require the filing of memoranda of law and the

presentation of oral argument with respect to any question of

law upon which a ruling will be required;

of the issues by consent of the parties;

(d) Dispose of procedural requests;

(e) Establish the time limitations for the filing of

pleadings and set the times for any hearings;

(f) Preside at and regulate the course of the hearing,

maintain decorum, and exclude from the hearing any person

engaged in contentious conduct or otherwise disrupting the

proceedings;

(g) Administer oaths and affirmations;

(h) Examine witnesses;

(i) Rule upon questions of evidence; and

(j) Render interlocutory decisions which are appealable

to the Board of Governors of which no fewer than three

members shall constitute a quorum.

Section 3.

The Alaska Rules of Civil Procedure shall

not apply to proceedings held pursuant to Rule I-7.

Section 4.

The applicant shall have the right to call and

examine witnesses, to introduce exhibits, to cross-examine

opposing witnesses on any matter relevant to the issues, even if

not covered in direct examination, to impeach any witness

regardless of which party called the witness, and to rebut the

evidence against the applicant. The applicant may be called

and examined as if under cross-examination whether or not the

applicant testified on the applicant’s own behalf. The hearing

need not be conducted according to technical rules relating to

evidence and witnesses. Hearsay evidence may be used for the

purpose of supplementing or explaining other evidence but

shall not be sufficient standing alone to support a finding

unless it would be admissible over objections in civil actions.

Irrelevant and unduly repetitious evidence shall be excluded.

The sworn testimony of a witness subpoenaed under these

rules shall be deemed testimony received in a judicial

proceeding. In any action for defamation arising out of such

sworn testimony, the witness shall be entitled to the defense of

privilege to the same extent available to witnesses in judicial

proceedings with the State of Alaska.

Section 5.

The master shall prepare in writing a

proposed decision supported by findings of fact and

conclusions of law. In cases in which the majority of the board

was not present during the evidentiary hearing, the master shall

file the proposed decision with the Board and cause the entire

record to be certified to the Board for decision. The record,

upon payment of costs, shall be made available to the

applicant. Copies of the proposed decision shall be served by

the master on the applicant or the applicant’s attorney of record

and on the Executive Director, or the Bar Association’s

attorney of record. Within twenty days after service of the

proposed decision, the applicant and the Executive Director or

attorney for the Alaska Bar Association may file exceptions

and briefs and, upon request, may appear and present oral

argument to the Board. Copies of the exceptions and briefs,

when filed, shall be served on the applicant or the Executive

Director or attorney for the Bar Association, as the case may

be.

Section 6.

The Board may adopt the proposed

findings, conclusions and decisions, ruling or order of the

master in whole or in part or reject it in its entirety and adopt

its own findings of fact, conclusions of law, decision or order.

Section 7.

The findings of fact, conclusions of law and

final decision of the Board shall be conclusive as to the matter

alleged in applicant’s statement of appeal unless an appeal to

the Supreme Court shall be filed within 30 days following

service upon applicant of the findings of fact, conclusions of

law and decision in the manner provided by these rules.

(Added by SCO 341 § 2 effective April 1, 1979; amended by

SCO 402 effective May 1, 1980; and by SCO 1153 effective

July 15, 1994)

Rule 8.

Supreme Court Review.

Section 1.

Any interlocutory order of the Board of

Governors may be subject to review as provided by Part IV of

the Alaska Rules of Appellate Procedure.

Section 2.

An appeal to the Supreme Court may be

filed by an applicant from a decision of the Board entered as

provided in Section 7 of Rule 7.

Section 3.

To the extent practicable, the procedure

governing an appeal by an applicant for admission to the

practice of law from a final decision of the Board of Governors

shall be governed by the rules of practice in civil matters set

forth in Parts II and V of the Alaska Rules of Appellate

Procedure, except that for purposes of Appellate Rule

210(c)(2), excerpts of record must contain:

(a) the applicant’s statement of points on appeal and any

attachments;

(b) the Board’s decision whether to grant a hearing on

the applicant’s appeal;

applicant’s appeal and any amended or supplemental reports;

(d) all briefing and transcripts of proceedings before the

Board and the Board’s findings of fact, conclusions of law, and

final decision, and any amended or supplemental findings,

conclusions, and final decisions;

(e) all master or Board orders or rulings sought to be

reviewed;

(f) if the grant or denial of a motion is at issue in the

appeal, the motion, the transcript of any discussion of the

motion, and briefs, memoranda, and relevant portions of

documents filed in support of or opposition to the motion; and

ALASKA BAR RULES

(g) specific portions of other documents in the record,

including documentary exhibits, that are referred to in the brief

and essential to the resolution of an issue on appeal.

Section 4.

The filing fees normally charged for matters

brought before the Supreme Court shall be applicable in all

admissions cases.

(Added by SCO 161 effective immediately; and rescinded and

repromulgated by SCO 341 § 3 effective April 1, 1979;

amended by SCO 402 effective May 1, 1980; by SCO 450

effective November 24, 1980; and by SCO 1601 effective

April 16, 2007)

PART II. RULES OF DISCIPLINARY

ENFORCEMENT

*EDITOR’S NOTE: This part replaces former Part II,

Grievances and Reinstatement, which was repealed by

Supreme Court Order 176 dated February 26, 1974.

A. MISCONDUCT

Rule 9.

General Principles and Jurisdiction.

(a) License. The license to practice law in Alaska is a

continuing proclamation by the supreme court of the State of

Alaska (hereinafter the “Court”) that the holder is fit to be

entrusted with professional and judicial matters and to aid in

the administration of justice as an attorney and counselor, and

to act as an officer of the courts. As a condition of the privilege

to practice law, it is the duty of every member of the Bar of

this State to act at all times in conformity with the standards

imposed upon members of the Alaska Bar Association

(hereinafter the “Bar”). These standards include, but are not

limited to, the Rules of Professional Conduct and the Code of

Judicial Conduct that have been or may hereafter be adopted or

recognized by the Court, and Ethics Opinions that have been or

may hereafter be adopted by the Board of Governors of the

Bar.

(b) Duty to Assist. Each member of the Bar has the duty

to assist any member of the public in filing grievances against

members of the Bar with the Bar Counsel of the Alaska Bar

Association (hereinafter “Bar Counsel”). This duty may be

fulfilled by assisting that person in preparing a grievance,

contacting Bar Counsel regarding that person’s grievance, or

giving that person information for contacting Bar Counsel

regarding a grievance. Each member of the Bar has the duty to

assist Bar Counsel in the investigation, prosecution, and

disposition of grievances filed with or by Bar Counsel. Each

member has the duty to support the members of Area

Discipline Divisions in the performance of their duties.

practice of law in Alaska, or any other attorney who appears,

participates, or otherwise engages in the practice of law in this

State, is subject to the jurisdiction of the Court, the

Disciplinary Board of the Alaska Bar Association, and these

Rules of Disciplinary Enforcement (hereinafter “Rules”).

These Rules will not be interpreted to deny to any other court

the powers necessary for that court to maintain control and

supervision over proceedings conducted before it, such as the

power of contempt.

(d) Venue. Disciplinary jurisdiction in this State will be

divided into the following areas:

(1) Area 1—The First Judicial District;

(2) Area 2—The Second and Fourth Judicial Districts

combined; and

(3) Area 3—The Third Judicial District.

Venue will lie in that area in which an attorney maintains an

office or any area in which the conduct under investigation

occurred.

(e) Attorney Roster. Within 30 days of any change,

each member of the Bar has the duty to inform the Bar or

otherwise make available to the public his or her current

mailing address and telephone number to which

communications may be directed by clients and the Bar.

(Added by SCO 176 dated February 26, 1974: amended by

SCO 345 § 1 effective April 1, 1979: and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 658 effective March 15, 1986; by SCO 962

effective July 15, 1989; by SCO 1365 effective April 15, 2000;

and by SCO 1518 effective October 15, 2004)

Rule 10.

The Disciplinary Board of the Alaska Bar

Association.

(a) Definition. The Board of Governors of the Bar, when

meeting to consider grievance and disability matters, will be

known as the Disciplinary Board of the Alaska Bar

Association (hereinafter the “Board”). The President of the

Board (hereinafter “President”), or a Board member at the

President’s direction, may direct the submission of any matter

to the Board by mail, telegraph or telephone. The votes on any

matter may be taken in person at a Board meeting, or by

conference telephone call.

(b) Quorum. A majority of the appointed and elected

members of the Board will constitute a quorum. A quorum

being present, the Board will act only with the agreement of a

majority of the members sitting.

and duties to

(1) appoint and supervise Bar Counsel and his or her

staff;

(2) supervise the investigation of all complaints against

attorneys;

(3) retain legal counsel and authorize the Executive

Director of the Bar (hereinafter “Director”) to appoint Special

Bar Counsel;

(4) hear appeals from the recommendations of Hearing

Committees;

ALASKA COURT RULES

(5) review and modify the findings of fact, conclusions

of law, and recommendations of Hearing Committees

regardless of whether there has been an appeal to the Board,

and without regard to the discipline recommended by the

Hearing Committees;

(6) recommend discipline to the Court as provided in

Rule 16(a)(1), (2), (3) or (4); order discipline as provided in

Rule 16(a)(5); or order the grievance dismissed;

(7) in cases where the Board has recommended

discipline as provided in Rule 16(a)(1), (2), (3), or (4), forward

to the Court its findings of fact, conclusions of law,

recommendation, and record of proceedings;

(8) impose reprimand as a Board upon a respondent

attorney (hereinafter “Respondent”) upon referral by Bar

Counsel under Rule 22(d);

(9) maintain complete records of all discipline matters in

which the Board or any of its members may participate, and

furnish complete records to the Bar Counsel upon final

disposition; these records are subject to the provisions of Rule

21 concerning public access and confidentiality;

(10) issue subpoenas requested by disciplinary authorities

of other jurisdictions;

and

(11) adopt regulations not inconsistent with these Rules;

(12) after reasonable notice and an opportunity to show

cause to the contrary, impose monetary sanctions of not more

than $500.00 on any attorney appearing before the Board in a

discipline or disability matter, whether the attorney is

appearing as a respondent or in a representative capacity, for

the attorney’s failure to comply with the Rules of Disciplinary

Enforcement or orders issued by or on behalf of the Board.

(d) Judicial Members. The Board will have the

authority to recommend to the Commission on Judicial

Conduct discipline for judicial members of the Bar.

(e) Proceedings Against Board Members. Investigations of grievances or disability proceedings against attorney

members of the Board will be conducted by Special Bar

Counsel in the same manner as investigations and proceedings

against other Respondents, except that in the event a formal

petition is filed, the Court will perform the duties and have the

powers of the Board, as provided in these Rules.

(f) Board Discipline Liaison. The president will appoint

on an annual basis one or more members of the Board to serve

as the Board Discipline Liaison to Bar Counsel and Bar

Counsel’s staff. The Board Discipline Liaison will

(1) provide guidance and assistance to Bar Counsel and

Bar Counsel’s staff in implementing the Board’s policies;

(2) have the duties provided in these Rules and as

assigned by the President;

(3) be excused from sitting on any grievance or disability

matter in which the Liaison has knowledge of the matter

arising from the performance of the Liaison’s duties;

(4) not be considered a member of the Disciplinary

Board for the purposes of establishing a quorum when excused

from sitting on a grievance or disability matter;

(5) have access to any grievance or disability matter

necessary to perform the Liaison’s duties or to assist Bar

Counsel in making a decision on a grievance or disability

matter;

(6) maintain the confidentiality of Bar Counsel’s files as

required by Rule 21(c).

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 2 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989; by SCO 1048

effective nunc pro tunc September 12, 1990; by SCO 1082

effective January 15, 1992; by SCO 1243 effective July 15,

1996; by SCO 1451 effective October 15, 2001; and by SCO

1756, effective October 14, 2011)

Rule 11.

Bar Counsel of the Alaska Bar Association.

(a) Powers and Duties. The Board will appoint an

attorney admitted to the practice of law in Alaska to be the Bar

Counsel of the Alaska Bar Association (hereinafter “Bar

Counsel”) who will serve at the pleasure of the Board. Bar

Counsel will

(1) with the approval of the Board, employ attorneys as

Assistant Bar Counsel and other staff as needed for the

performance of his or her duties;

(2) supervise Assistant Bar Counsel and the staff of the

discipline section of the Bar;

(3) with the approval of the Board, retain and supervise

investigators;

(4) supervise the maintenance of any records;

(5) aid members of the public in filing grievances;

(6) process all grievances;

(7) investigate alleged misconduct of attorneys;

(8) after finding probable cause to believe that client

funds have not been properly handled, and with the approval of

one Area Division member, verify the accuracy of a

Respondent’s bank accounts that contain, should contain, or

have contained client funds; Bar Council will serve upon

Respondent the results of the verification in writing; any costs

associated with the examination or subsequent proceedings

may be assessed against the Respondent when substantial

irregularities in the accounts are found;

(9) dismiss grievances if it appears from the investigation

that there is no probable cause to believe that misconduct has

occurred;

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(10) in his or her discretion, refer a grievance to the

Attorney Fee Review Committee for proceedings under Part III

of the Alaska Bar Rules, if the grievance concerns a fee

dispute;

(11) in his or her discretion, refer a grievance to a

mediator, for proceedings under Rule 13;

(12) in his or her discretion, upon a finding of misconduct

and with the approval of one member of an Area Division,

impose a written private admonition upon a Respondent;

(13) in his or her discretion, after seeking review in

accordance with Rule 25(d), and upon a finding of probable

cause to believe that misconduct has occurred, file a petition

for formal hearing initiating public proceedings;

(14) in his or her discretion, appeal a recommendation of

a Hearing Committee to the Board or, pursuant to Part III of

the Rules of Appellate Procedure, file a petition to the Court

for hearing on a recommendation or order of the Board;

(15) in the absence of a specific grievance, initiate

investigation of any misconduct and prepare and file

grievances in the name of the Bar;

(16) appear at reinstatement hearings requested by

suspended or disbarred attorneys;

(17) report to the Commission on Judicial Conduct any

grievance involving a judge, even if the grievance arises from

the judge’s conduct before (s)he became a judge, or from

conduct unconnected with his or her judicial office;

(18) in his or her discretion, initiate a grievance

proceeding against a Respondent who is the subject of

disciplinary proceedings before the Commission on Judicial

Conduct, whether or not a finding of misconduct has been

made by the Commission;

(19) keep the Board fully informed about the progress of

all matters in his or her charge;

(20) cooperate with individuals authorized by other

jurisdictions to perform disciplinary functions for that

jurisdiction; and

(21) perform other duties as set forth in these Rules or as

assigned by the Board.

(b) Grievance Forms. Bar Counsel will furnish forms

which may be used by any person to allege misconduct against

an attorney. The forms will be available to the public through

the office of the Bar and through the office of every clerk of

court.

Bar Counsel will be the subject of a summary prepared by Bar

Counsel and filed with the Board. The names of the parties

involved will not be provided in the summary. Bar Counsel

will communicate disposition of the matter promptly to the

Complainant and Respondent.

(d) Record Keeping. This Bar Counsel will maintain

records of all grievances processed and maintain statistical data

reflecting

(1) the subject of the grievances received and acted

upon;

and

(2) the status and ultimate disposition of each grievance;

(3) the number of times each attorney is the Respondent

in a grievance, including the subjects of the grievances, and the

ultimate disposition of each.

(e) Quarterly Report to Court and Board. The Bar

Counsel will provide a quarterly report to the Court and the

Board providing information about the number of cases filed

and closed during the quarter, the status of pending cases, the

disposition of closed cases, and the subject of the grievances

received. The names of the Respondents will not be provided

in the report.

(f) Delegation to Assistant Bar Counsel. Bar Counsel

may delegate such tasks as (s)he deems appropriate to

Assistant Bar Counsel (hereinafter “Assistants”). Any

reference in these Rules to Bar Counsel will include the

Assistants.

(g) Proceedings Against Bar Counsel. Proceedings

against Bar Counsel or any Assistant Bar Counsel will be

conducted in the same manner as proceedings against any

other Respondent. In these matters, the Board will appoint

Special Bar Counsel who will perform the duties and have the

powers of Bar Counsel as provided in these Rules.

(h) Disposal of Files. Bar Counsel will destroy files of

disciplinary, disability, and reinstatement proceedings in

accordance with Rule 32.

(Added by SCO 176 dated February 26, 1974; rescinded and

repromulgated by SCO 345 § 3 effective April 1, 1979; and

rescinded and repromulgated by SCO 614 effective January 1,

1985; amended by SCO 658 effective March 15, 1986; by

SCO 962 effective July 15, 1989; and by SCO 1314 effective

July 15, 1998)

Rule 11.1 Informal Ethics Guidance By Bar Counsel.

(a) Informal Guidance. At the request of a member of

the Alaska Bar Association, Bar Counsel or Bar Counsel’s

designee may provide informal ethics guidance about active or

pending issues pertaining to the requesting attorney’s own

conduct based on the facts provided.

(b) Protection. Bar Counsel shall not be compelled to

testify, by subpoena or otherwise, in any judicial or

adjudicative proceeding, except on behalf of a respondent in a

disciplinary proceeding of the Alaska Bar Association,

regarding any informal guidance provided to that respondent.

Except as provided in this rule, Bar Counsel shall not be

subject to subpoena or otherwise compelled to testify as an

expert witness regarding legal ethics or the practice of law. In a

disciplinary proceeding in which communications between Bar

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Counsel and an attorney are at issue, testimony of Bar Counsel

shall be limited to the substance of the communications by and

between Bar Counsel and the attorney.

Counsel and any attorney requesting guidance will be

considered an inquiry to secure advice regarding compliance

with the Rules of Professional Conduct under ARPC 1.6(b)(4),

and shall be confidential. Bar Counsel shall not disclose the

content of any such communications without the express

written consent of the attorney to whom Bar Counsel provided

the guidance. An attorney will be deemed to have waived

confidentiality if the attorney is claiming, in the course of a

disciplinary investigation or hearing, that the attorney relied on

the guidance of Bar Counsel.

(d) Use of Informal Guidance in Collateral Litigation.

Informal guidance of Bar Counsel is advisory only. It

expresses the judgment of Bar Counsel based on the facts

provided, and is not binding on Bar Counsel, the Court, the

Disciplinary Board, the Board of Governors, the Ethics

Committee, or any judicial or administrative tribunal. Except

as provided in this rule in connection with disciplinary

proceedings, guidance of Bar Counsel shall not be used,

admitted, introduced, argued, or cited in any litigation or

before any judicial or administrative tribunal for the purpose of

seeking disqualification of a lawyer or law firm. However, it

may be used to show good faith or reasonable diligence as a

defense or mitigation in any subsequent disciplinary action

involving the same facts.

By May 15 of each year, the Board will send the chief

justice lists of proposed Area Division members meeting these

qualifications together with their resumes. The chief justice

will appoint the members of the Area Discipline Divisions

from these lists.

(b) Powers and Duties of Area Division Members.

Upon selection and assignment by the Director, Area Division

members will have the powers and duties to

(1) sit on Hearing Committees;

(2) review requests from Bar Counsel to impose private

admonitions upon Respondents pursuant to Rule 22(d);

(3) hear appeals from complainants from dismissals of

grievances pursuant to Rule 25(c);

(4) review Bar Counsel’s decision to file a formal

petition pursuant to Rule 25(e);

(5) review challenges to Hearing Committee members

pursuant to Section (h) of this Rule; and

(6) issue subpoenas and hear challenges to their validity

pursuant to Rule 24(a).

Members serving on Area Divisions will not represent a

Respondent in disability or grievance matters during his or her

term.

Committees.

(d) Failure to Perform. The chief justice has the power

to remove an Area Division member for good cause. The chief

justice will appoint a replacement attorney or public member

to serve the balance of the term of the removed member.

(a) Appointment of Area Division Members. Members

of Area Discipline Divisions (hereinafter “Area Divisions”)

will be appointed by the chief justice under the procedure set

out in this rule. One Area Division will be established in each

area defined in Rule 9(d). Each Area Division will consist of

(e) Assignment of Hearing Committee Members. The

Director will select and assign members of an Area Division to

a Hearing Committee of not less than two attorney members

and one public member. In addition, the Director will appoint

an attorney member as chair of the Hearing Committee.

(1) not less than six members in good standing of the

Bar, each of whom resides within the area of disciplinary

jurisdiction for which he or she is appointed; and

(f) Hearing Committee Quorum. Three members of a

Hearing Committee will constitute a quorum, one of whom

will be a public member. The Hearing Committee chair will

vote except when an even number of Hearing Committee

members is sitting. Each Hearing Committee will act only with

the agreement of a majority of its voting members sitting for

the matter before it.

(Added by SCO 1923 dated August 7, 2018)

Rule 12. Area Discipline Divisions and Hearing

(2) not less than three non-attorney members of the

public (hereinafter “public member”), each of whom resides in

the area of disciplinary jurisdiction for which he or she is

appointed, is a United States Citizen, is at least 25 years of age,

and is a resident of the State of Alaska.

Area Division members will each serve a four year term,

with each term to commence July 1 and expire on June 30th of

the fourth year. No member will serve for more than two

consecutive terms. A member whose term has expired prior to

the disposition of a disciplinary or disability matter to which he

or she has been assigned will continue to serve until the

conclusion and disposition of that matter. This continued

service will not prevent immediate appointment of his or her

successor. A member who has served two consecutive terms

may be reappointed after the expiration of one year.

(g) Conflict of Interest. A Hearing Committee member

may not consider a matter when

(1) (s)he is a party or is directly interested;

(2) (s)he is a material witness;

(3) (s)he is related to the Respondent by blood or affinity

within the third degree;

(4) the Respondent has retained the Hearing Committee

member as his or her attorney or has been professionally

counseled by him or her in any matter within two years

ALASKA BAR RULES

preceding the filing of the formal petition before the

Committee; or

and assign Area Division Members as required by this rule

from a roster of the members appointed by the chief justice.

(5) (s)he believes that, for any reason, (s)he cannot give a

fair and impartial decision.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 4 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989; by SCO 1082

effective January 15, 1992; by SCO 1244 effective July 15,

1996; by SCO 1451 effective October 15, 2001; by SCO 1809

effective October 15, 2013; and by SCO 1815 effective April

15, 2014)

(h) Challenged Member. Any challenge for cause to an

Area Division member assigned to a Hearing Committee must

be made by either Respondent or Bar Counsel within 10 days

following notice of the assignment, unless new evidence is

discovered which establishes grounds for a challenge for

cause. The challenge will be ruled upon by an Area Division

member selected by the Director from the Area Division from

which the Hearing Committee was chosen. If the Area

Division member finds the challenge well taken, he or she will

notify the Director, who will assign another member of the

Area Division to the Hearing Committee. If a quorum exists in

the absence of the challenged member, the Director need not

assign a replacement.

Within 10 days of the notice of assignment of Hearing

Committee members, a Respondent may file one peremptory

challenge and the Bar Counsel may file one peremptory

challenge. The Director will at once, and without requiring

proof, relieve the challenged member of his or her obligation

to participate, and the Director will assign another member of

the Area Division to the Hearing Committee. If a quorum

exists in the absence of the challenged member, the Director

need not appoint a replacement.

(i) Powers and Duties of Committees. Hearing

Committees will have the powers and duties to

Rule 13.

Mediation Panels.

(a) Definition. Mediation panels will be established for

the purpose of settling disputes between attorneys and their

clients or other persons referred to the panels by Bar Counsel

under guidelines set by the Board with the consent of the

attorneys and the clients or other persons. However, matters

likely to result in disbarment, suspension or probation or

matters which involve dishonesty or material misrepresentation

may not be referred to mediation. At least one mediation panel

will be established in each area defined in Rule 9(d).

(b) Terms. Each mediation panel will consist of at least

three members qualified under guidelines set by the Board,

each of whom resides in the area for which he or she is

appointed. The members of each mediation panel will be

appointed by the President subject to ratification by the Board.

The members will serve staggered terms of three years, each to

commence on July 1 and expire on June 30th of the third year.

(3) direct, in their discretion, the submission of proposed

findings of fact, conclusions of law, recommendations, and

briefs; and

will be known as a mediator. Only one mediator need act on

any single matter. Mediators will have the power and duty to

mediate disputes referred to them by Bar Counsel pursuant to

Rule 11(a)(11). A mediator will have the power to end a

mediation if the mediator determines that further efforts at

mediation would be unwarranted or that the matter is

inappropriate for mediation under paragraph (a). A mediator

may recommend that the attorney seek the services of a

lawyer’s assistance program. A mediator may not be required

to testify concerning the substance of the mediation.

(4) submit a written report to the Board. This report will

contain the Hearing Committee’s findings of fact, conclusions

of law, and recommendation, and will be submitted together

with the record, including any briefs submitted and a transcript

of the proceedings before it.

(d) Informal Proceedings. Proceedings before a

mediator will be informal and confidential. A mediator will not

have subpoena power or the power to swear witnesses. A

mediator does not have the authority to impose a resolution

upon any party to the dispute.

(j) Proceedings

Against

Division

Members.

Proceedings against attorney members of Area Divisions will

be conducted in the same manner as proceedings against any

other Respondent. In the event a formal petition is filed against

an Area Division member, or the attorney member is placed on

disability inactive status, (s)he will not be assigned to any

future matters pending disposition of the proceeding. If a

finding of misconduct or disability is made against an attorney

Area Division member, (s)he will be removed from the

Division in accordance with Section (d) of this Rule.

(e) Written Agreement. If proceedings before a

mediator produce resolution of the dispute in whole or in part,

the mediator will prepare a written agreement containing the

resolution which will be signed by the parties to the dispute

and which will be legally enforceable as any other civil

contract.

(1) swear witnesses, who will be examined under oath or

affirmation, and conduct hearings on formal charges of

misconduct referred to them by Bar Counsel;

(2) acting as a body, or through a single member, issue

subpoenas and consider challenges to their validity;

(k) Procedure for Selection and Assignment of Area

Division Members by the Director. The Director will select

(f) Report to Bar Counsel. When the dispute has been

resolved, or when in the judgment of the mediator further

efforts at mediation would be unwarranted, the mediator will

submit a written report to the Bar Counsel which will include

(1) a summary of the dispute;

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(2) the contentions of the parties to the dispute;

(3) any agreement which may have been reached; and

(4) any matters upon which agreement was not reached.

(g) Obligation of Attorney to Participate in Good

Faith. Any attorney involved in a dispute referred to a

mediator has the obligation to confer expeditiously with the

mediator and with all other parties to the dispute and to

cooperate in good faith with the mediator in an effort to

resolve the dispute.

(h) Peremptory Challenge. Each side is entitled as a

matter of right to one change of mediator. A party wishing to

exercise the right to change the mediator must file a notice

with Bar Counsel within ten days of the notice of assignment

of the dispute to mediation. Bar Counsel will at once, and

without requiring proof, relieve the challenged mediator of his

or her obligation to participate and appoint a replacement, if

needed, from the appropriate mediation panel.

(i) Challenges for Cause. A party wishing to challenge

a mediator for cause must do so within ten days following

notice of assignment of the dispute to mediation, unless new

evidence is subsequently discovered which establishes grounds

for challenge for cause. Bar Counsel will rule upon any

challenge for cause. If Bar Counsel agrees that the challenged

mediator should be dismissed, Bar Counsel will appoint a

replacement mediator, if needed, from the appropriate

mediation panel.

(j) Referral for Failure to Proceed. Bar Counsel will

contact the attorneys and their clients or other persons involved

in the mediation to determine their availability for hearing. If

any party involved in the mediation fails to provide scheduling

information within 30 days of the date of a written request, Bar

Counsel shall refer the matter back to investigation if a

grievance or back to fee arbitration if a fee dispute. Bar

Counsel’s initial written request to the parties for scheduling

information must advise the parties that failure to respond may

result in the referral provided in this rule.

(Added by SCO 176 dated February 26, 1974; amended

by SCO 233(2) effective April 1, 1976; by SCO 345 § 5

effective April 1, 1979; by SCO 403 effective May 1, 1980; by

SCO 467 effective June 1, 1981; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989; by SCO 1314

effective July 15, 1998; by SCO 1705 effective October 15,

2009)

Rule 14.

Executive Director

Association.

Alaska

Bar

The Executive Director of the Alaska Bar Association

(hereinafter “Director”), or an assistant designated by the

Director, has the administrative powers and duties to

(1) appoint and supervise an administrative staff for

purposes of maintaining documents generated by disciplinary,

disability, and reinstatement proceedings;

(2) on behalf

Disciplinary Board

Hearing

Committees

and

the

(A) accept petitions for formal hearing;

(B) accept Board and Hearing Committee reports,

records, pleadings, and other documents generated in the

course of disciplinary, disability, and reinstatement

proceedings; and

matters;

(3) select and assign not less than three members of Area

Divisions to serve on Hearing Committees in accordance with

Rule 12(e), and to appoint an attorney as chair of the Hearing

Committee;

(4) replace and assign Hearing Committee members

when necessary in accordance with Rule 12(h);

(5) as set forth in these Rules, select members from the

Area Divisions for purposes of

(A) consultation with Bar Counsel;

(B) appeals from

determinations; and

members; and

review

challenges

Bar

Hearing

Counsel

Committee

(6) perform other duties for and on behalf of the Board

as set forth in these Rules or as assigned by the President or the

Board.

(Added by SCO 176 dated February 26, 1974; and amended by

SCO 233(3) and (4) effective April 1, 1976; by SCO 294

effective March 1, 1978; by SCO 345 § 6 effective April 1,

1979; by SCO 353 effective April 1, 1979; by SCO 404,

effective, nunc pro tunc, January 1, 1980; by SCO 467

effective June 1, 1981; and rescinded and repromulgated by

SCO 614 effective January 1, 1985; amended by SCO 962

effective July 15, 1989)

Rule 15.

Grounds For Discipline.

(a) Grounds for Discipline. In addition to those

standards of conduct prescribed by the Alaska Rules of

Professional Conduct, Ethics Opinions adopted by the Board

of Governors of the Bar, and the Code of Judicial Conduct, the

following acts or omissions by a member of the Alaska Bar

Association, or by any attorney who appears, participates, or

otherwise engages in the practice of law in this State,

individually or in concert with any other person or persons,

will constitute misconduct and will be grounds for discipline

whether or not the act or omission occurred in the course of an

attorney-client relationship:

(1) conduct which results in conviction of a serious

crime as defined in Rule 26(b);

(2) conduct which results in attorney or judicial

discipline in any other jurisdiction, as provided in Rule 27;

ALASKA BAR RULES

(3) knowing misrepresentation of

circumstances surrounding a grievance;

any

facts

(4) failure to answer a grievance, failure to answer a

formal petition for hearing, or failure to furnish information or

respond to a request from the Board, Bar Counsel, an Area

Division member, or a Hearing Committee in conforming with

any of these Rules;

(5) contempt of the Board, of a Hearing Committee, or of

any duly appointed substitute;

(6) engaging in the practice of law while on inactive

status, or while disbarred or suspended from the practice of

law for any reason;

(7) failure to perform or comply with any condition of

discipline imposed pursuant to these Rules; or

(8) failure to inform the Bar of his or her current mailing

address and telephone number as provided in Rule 9(e).

(b) Unauthorized Practice of Law.

(1) For purposes of the practice of law prohibition for

disbarred and suspended attorneys in subparagraph (a)(6) of

this rule, except for attorneys suspended solely for nonpayment of bar fees, “practice of law” is defined as:

(B) “employ” means to engage the services of another,

including employees, agents, independent contractors and

consultants, regardless of whether any compensation is paid;

who has been transferred to interim disability inactive status or

to disability inactive status under Alaska Bar Rule 30 or under

a comparable rule in another jurisdiction; and

(D) “resigned attorney” means an attorney who has

resigned from the bar association of any jurisdiction while

disciplinary charges are pending.

(2) A member shall not employ, associate professionally

with, or aid a person the member knows or reasonably should

know is a disbarred, suspended, resigned, or involuntarily

inactive attorney to perform the following on behalf of the

member’s client:

(A) render legal consultation or advice to the client;

(B) appear on behalf of a client in any hearing or

proceeding or before any judicial officer, arbitrator, mediator,

court, public agency, referee, magistrate judge, commissioner,

or hearing officer;

or other discovery matter;

(A) holding oneself out as an attorney or lawyer

authorized to practice law;

(D) negotiate or transact any matter for or on behalf of

the client with third parties;

(B) rendering legal consultation or advice to a client;

(E) receive, disburse, or otherwise handle the client’s

funds; or

proceeding or before any judicial officer, arbitrator, mediator,

court, public agency, referee, magistrate judge, commissioner,

hearing officer, or governmental body which is operating in its

adjudicative capacity, including the submission of pleadings;

(D) appearing as a representative of the client at a

deposition or other discovery matter;

(E) negotiating or transacting any matter for or on behalf

of a client with third parties; or

(F) receiving, disbursing, or otherwise handling a client’s

funds.

(2) For purposes of the practice of law prohibition for

attorneys suspended solely for the non-payment of fees and for

inactive attorneys, “practice of law” is defined as it is in

subparagraph (b)(1) of this rule, except that these persons may

represent another to the extent that a layperson would be

allowed to do so.

Resigned Attorney.

Disbarred,

Suspended,

(1) For purposes of this rule:

(A) “disbarred or suspended attorney” means an attorney

who has been disbarred or suspended from the practice of law

in any jurisdiction;

law.

(F) engage in activities which constitute the practice of

(3) A member may employ, associate professionally

with, or aid a disbarred, suspended, resigned, or involuntarily

inactive attorney to perform research, drafting or clerical

activities, including but not limited to:

(A) legal work of a preparatory nature, such as legal

research, the assemblage of data and other necessary

information, drafting of pleadings, briefs, and other similar

documents;

(B) direct communication with the client or third parties

regarding matters such as scheduling, billing, updates,

confirmation of receipt or sending of correspondence and

messages; or

deposition or other discovery matter for the limited purpose of

providing clerical assistance to the active member who will

appear as the representative of the client.

(4) Prior to or at the time of employing a person the

member knows or reasonably should know is a disbarred,

suspended, resigned, or involuntarily inactive attorney, the

member shall serve upon the Alaska Bar Association written

notice of the employment, including a full description of such

ALASKA COURT RULES

person’s current bar status. The written notice shall also list the

activities prohibited in paragraph (c)(2) and state that the

disbarred, suspended, resigned, or involuntarily inactive

attorney will not perform such activities. The member shall

serve similar written notice upon each client on whose specific

matter such person will work, prior to or at the time of

employing such person to work on the client’s specific matter.

The member shall obtain proof of service of the client’s written

notice and shall retain such proof and a true and correct copy

of the client’s written notice for two years following

termination of the member’s employment with the client.

(5) A member may, without client or Bar Association

notification, employ a disbarred, suspended, resigned, or

involuntarily inactive attorney whose sole function is to

perform office physical plant or equipment maintenance,

courier or delivery services, catering, reception, typing or

transcription, or other similar support activities.

withdrawals, deliveries, and disbursements of the funds or

other property of a client.

(b) Overdraft Notification Agreement Required. A

financial institution may be a depository for lawyer trust

accounts if it agrees in a form provided by the Bar Association

to report to Bar Counsel whenever any properly payable

instrument is presented against a lawyer trust account

containing insufficient funds, irrespective of whether the

instrument is honored. No trust account shall be maintained in

any financial institution that does not agree to so report. Any

such agreement shall apply to all branches of the financial

institution and shall not be cancelled except upon 30 days’

notice in writing to the Bar Counsel.

reports made by the financial institution shall be in the

following format:

(6) Upon termination of the disbarred, suspended,

resigned or involuntarily inactive attorney, the member shall

promptly serve upon the Bar Association written notice of the

termination.

(1) in the case of a dishonored instrument, the report shall

be identical to the overdraft notice customarily forwarded to the

depositor, and should include a copy of the dishonored

instrument, if such a copy is normally provided to depositors;

(Added by SCO 176 dated February 26, 1974; amended by

SCO 304 effective March 20, 1978; by SCO 345 § 7 effective

April 1, 1979; by SCO 405 effective, nunc pro tunc, January 1,

1980; by SCO 467 effective June 1, 1981; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 658 effective March 15, 1986; by SCO 888

effective July 15, 1988; by SCO 941 effective January 15,

1989; by SCO 962 effective July 15, 1989; by SCO 1017

effective January 15, 1990; by SCO 1156 effective July 15,

1994; by SCO 1314 effective July 15, 1998; by SCO 1320

effective July 15, 1998; corrected May 1998; and by SCO

1829 effective October 15, 2014)

(2) in the case of an instrument that is presented against

insufficient funds but which instrument is honored, the report

shall identify the financial institution, the lawyer or law firm,

the account number, the date of presentation for payment, and

the date paid, as well as the amount of overdraft created

thereby.

Rule 15.1. Maintenance of Trust Funds in Financial

Institutions That Agree

Overdraft Notification.

Provide

(a) Clearly Identified Trust Accounts in Financial

Institutions Required.

(1) Lawyers subject to Alaska Rule of Professional

Conduct 1.15 shall deposit all funds held in trust in accounts

clearly identified as “trust” or “escrow” accounts, referred to

herein as “trust accounts,” and shall take all steps necessary to

inform the depository institution of the purpose and identity of

the accounts. Funds held in trust include funds held in any

fiduciary capacity in connection with a representation, whether

as trustee, agent, guardian, executor, or otherwise.

(2) Lawyers subject to Alaska Rule of Professional

Conduct 1.15 shall maintain and preserve for a period of at

least five years after termination of the representation, the

records of the accounts, including checkbooks, canceled

checks, check stubs, vouchers, ledgers, journals, closing

statements, accountings or other statements of disbursements

rendered to clients or other parties with regard to trust funds or

similar equivalent records clearly and expressly reflecting the

date, amount, source, and explanation for all receipts,

(d) Timing of Reports. Reports under subsection (c)

shall be made simultaneously with, and within the time

provided by law for notice of dishonor, if any. If an instrument

presented against insufficient funds is honored, then the report

shall be made within five banking days of the date of presentation for payment against insufficient funds.

(e) Consent By Lawyers. Lawyers subject to Alaska

Rule of Professional Conduct 1.15 shall be conclusively

deemed to have consented to the reporting and production

requirements mandated by this rule. A lawyer shall sign a

waiver of confidentiality under AS 06.01.028.

(f) Costs. Nothing herein shall preclude a financial

institution from charging a particular lawyer or law firm for the

reasonable cost of producing the reports and records required

by this rule.

(g) Definitions. For purposes of this rule:

(1) “Financial institution” includes a bank, savings and

loan association, credit union, savings bank, and any other

business or person that accepts for deposit funds held in trust

by lawyers;

(2) “Properly payable” refers to an instrument which, if

presented in the normal course of business, is in a form

requiring payment under the laws of this jurisdiction; and

(3) “Notice of dishonor” refers to the notice that a

financial institution is required to give, under the laws of this

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jurisdiction, upon presentation of an instrument that the

institution dishonors.

(Added by SCO 1706 dated April 15, 2014.)

Rule 16.

Types of Discipline and Costs.

(a) Discipline Imposed by the Court or Board. A

finding of misconduct by the Court or Board will be grounds

for

(1) disbarment by the Court; or

(2) suspension by the Court for a period not to exceed

five years; or

(3) probation imposed by the Court; or

(4) public censure by the Court; or

(5) reprimand by the Disciplinary Board.

(b) Discipline Imposed by the Board or Bar Counsel.

When Bar Counsel has made a finding that misconduct has

occurred, the following discipline may be imposed:

(1) reprimand in person by the Board, pursuant to Rule

10(c)(8); or

(2) written private admonition by Bar Counsel, pursuant

to Rule 11(a) (12).

When a

finding of misconduct is made, in addition to any discipline

listed above, the Board may impose:

(1) restitution to aggrieved persons or organizations;

(2) reimbursement of the Lawyers’ Fund for Client

Protection; and

(3) payment of a costs and fees assessment according to

the schedule below:

• Discipline by Consent Issued by the Court or

Disciplinary Board (No Assessment for Written

Private Admonition Issued by Bar Counsel)

$1000

614 effective January 1, 1985; amended by SCO 658 effective

March 15, 1986; by SCO 962 effective July 15, 1989; by SCO

1037 effective January 15, 1991; by SCO 1048 effective nunc

pro tunc September 12, 1990; by SCO 1233 effective July 15,

1996; by SCO 1313 effective July 15, 1998; and by SCO 1903

effective October 15, 2017)

Rule 17.

Immunity.

(a) General Immunity. Members of the Board,

members of Area Divisions, Bar Counsel, Special Bar

Counsel, the Executive Director, Trustee Counsel,

Conciliators, and all Bar staff are immune from suit for

conduct in the course and scope of their official duties as set

forth in these Rules.

(b) Witness Immunity. The Court or its designee may,

in its discretion, grant immunity from criminal prosecution to

witnesses in disciplinary, disability, or reinstatement

proceedings upon application by the Board, Bar Counsel, or

counsel for Respondent, and after receiving the consent of the

appropriate prosecuting authority.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 9 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 658 effective March 15, 1986; and by SCO

962 effective July 15, 1989)

Rule 18.

Statute of Limitations.

Grievances against Respondents will be filed within five

years of the time that the Complainant discovers or reasonably

should discover the misconduct. This Rule will, however, be

interpreted to allow traditional principles of tolling, equity, and

due process.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 10 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985)

Rule 19.

Refusal of Complainant to Proceed.

The unwillingness of a Complainant to continue his or her

grievance, the withdrawal of the grievance, a compromise

between the Complainant and the Respondent, or restitution by

the Respondent may, but need not in and of itself, justify

abatement of a disciplinary investigation or proceeding.

Misconduct

Following

$2000

• Determination of Misconduct

Appeal to Disciplinary Board

Following

$3000

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 11, effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985)

$ 500

Rule 20.

• Determination

Hearing

• Discipline by Reciprocity

(d) Conditions. Written conditions may be attached to a

reprimand or to a private admonition. Failure to comply with

such conditions will be grounds for reconsideration of the

matter by the Board or Bar Counsel.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 8 effective April 1, 1979; by SCO 438 effective

November 1, 1980; and rescinded and repromulgated by SCO

Matters Related to Pending Civil or

Criminal Litigation.

Prosecution of grievances involving material allegations

which are substantially similar to the material allegations of

criminal or civil litigation pending in a court will not be

deferred unless the Board, in its discretion, and for good cause

shown, authorizes deferment. In the event deferment of a

disciplinary investigation or proceeding is authorized by the

Board, the Respondent will make all reasonable efforts to

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obtain a prompt trial and disposition of the pending litigation.

In the event the litigation is unreasonably delayed, the Board

may direct, upon motion, that the investigation and any

subsequent disciplinary proceedings be conducted promptly.

The acquittal of the Respondent on criminal charges or a

verdict or judgment in his or her favor in civil litigation

involving substantially similar material allegations will not in

and of itself justify abatement of a disciplinary investigation or

proceeding predicated upon the same material allegations.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 12 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985)

Rule 21.

Public Access to Disciplinary Proceedings.

(a) Discipline and Reinstatement Proceedings. After

the filing of a petition for formal hearing, hearings held before

either a Hearing Committee or the Board will be open to the

public. This Rule will not be interpreted to allow public access

to disability proceedings described in Rule 30.

(b) Deliberations. The deliberations of any adjudicative

body will be kept confidential.

Counsel and staff will be confidential and are not to be

reviewed by any person other than Bar Counsel or Area

Division members appointed for purposes of review or appeal

under these Rules. This provision will not be interpreted to:

(1) preclude Bar Counsel from introducing into evidence

any documents from his or her files;

(2) preclude Bar Counsel from providing the Board, the

Court, or the public with statistical information compiled

pursuant to Rule 11(e), provided that the name of the

Respondent is kept confidential;

(3) deny a complainant information regarding the status

or disposition of his or her grievance;

(4) deny the public facts regarding the stage of any

proceeding or investigation concerning a Respondent’s

conviction of a crime, except as provided under Rule 26(i);

(5) deny the Alaska Judicial Council confidential

information about attorney applicants for judicial vacancies;

(6) preclude a court from reviewing in camera a

confidential file upon a discovery request made pursuant to

Criminal Rule 16(b)(7), and from exercising discretion as to

whether to release relevant information from the file to counsel

pursuant to Criminal Rule 16(d)(3); or

(7) prevent the Board Discipline Liaison from having

access to any and all files maintained by Bar Counsel as

necessary in the performance of the Liaison’s duties.

(d) Director’s File. The file maintained by the Director,

acting in his or her capacity as clerk, will be open for public

review.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 13 effective April 1, 1979; rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989; by SCO 963

effective July 15, 1989; by SCO 1043 effective January 15,

1991; by SCO 1082 effective January 15, 1992; and by SCO

1811 effective April 15, 2014)

Rule 22.

Procedure.

(a) Grievances. Grievances will be in writing, signed

and verified by the Complainant, and contain a clear statement

of the details of each act of alleged misconduct, including the

approximate time and place of each. Grievances will be filed

with Bar Counsel. Bar Counsel will review the grievance filed

to determine whether it is properly completed and contains

allegations that warrant investigation. Bar Counsel may require

the Complainant to provide additional information and may

request a voluntary verified response from the Respondent

prior to accepting a grievance.

If Bar Counsel determines that the allegations contained in

the grievance do not warrant an investigation, Bar Counsel will

so notify the Complainant and Respondent in writing.

Complainant may file a request for review of the determination

within 30 days of the date of Bar Counsel’s written

notification. The request shall be reviewed by the Board

Discipline Liaison, who may affirm Bar Counsel’s decision not

to accept the grievance for investigation or may direct that an

investigation be opened as to one or more of the allegations in

the grievance.

If a grievance is accepted for investigation, Bar Counsel

will serve a copy of the grievance upon the Respondent for a

response. Bar Counsel may require the Respondent to provide,

within 20 days of service, verified full and fair disclosure in

writing of all facts and circumstances pertaining to the alleged

misconduct. Misrepresentation in a response to Bar Counsel

will itself be grounds for discipline. Failure to answer within

the prescribed time, or within such further time that may be

granted in writing by Bar Counsel, will be deemed an

admission to the allegations in the grievance, and will result in

a petition for immediate administrative suspension from the

practice of law as provided in Bar Rule 61(e).

For the purposes of this Rule, a grievance or response is

“verified” if it is accompanied by a signed statement that the

writing is true and correct to the best knowledge and belief of

the writer.

(b) Confidentiality. Complainants and all persons

contacted during the course of an investigation have a duty to

maintain the confidentiality of discipline and disability

proceedings prior to the initiation of formal proceedings

subject to Bar Rule 21(c). It will be regarded as contempt of

court to breach this confidentiality in any way. It will not be

regarded as a breach of confidentiality for a person so

contacted to consult with an attorney. A Respondent may

waive confidentiality in writing and request disclosure of any

information pertaining to the Respondent to any person or to

the public.

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investigation it appears that there is no probable cause to

believe that misconduct has occurred, Bar Counsel may

dismiss the grievance.

(d) Imposition of Private Admonition or Reprimand.

Upon a finding of misconduct, and with the approval of one

Area Division member, Bar Counsel may impose a written

private admonition upon a Respondent. A Respondent will not

be entitled to appeal a private admonition by Bar Counsel but

may demand, within 30 days of receipt of the admonition, that

a formal proceeding be instituted against him or her before a

Hearing Committee. If Respondent demands a formal

proceeding, the admonition will be vacated and Bar Counsel

will proceed under Section (e) of this Rule.

In the discretion of Bar Counsel, (s)he may refer a matter

to the Board for approval and imposition of a reprimand by the

Board, provided that the Respondent has, under Section (h) of

this Rule, consented to the discipline before the Board.

(e) Formal Proceedings. Upon a finding of misconduct,

and after seeking review in accordance with Rule 25(d), Bar

Counsel may initiate discipline proceedings by filing with the

Director a petition for formal hearing which specifically sets

forth the charge(s) of misconduct. A copy of the petition will

be served upon the Respondent.

Respondent will be required to file the original answer

with the Director, and serve a copy upon Bar Counsel, within

20 days after the service of the petition for formal hearing.

Should Respondent fail to timely answer, the charges will be

deemed admitted without need of any further action by Bar

Counsel.

Charges before a Hearing Committee will be presented by

Bar Counsel. Bar Counsel will have the burden at any hearing

of demonstrating by clear and convincing evidence that the

Respondent has, by act or omission, committed misconduct as

provided in Rule 15.

(2) examine and cross-examine witnesses;

(3) present evidence in his or her own behalf;

(4) have subpoenas issued in his or her behalf; and

(5) challenge peremptorily and for cause members of the

Hearing Committee, as provided in Rule 12(h).

(g) Pre-Hearing Conference. A pre-hearing conference

may be convened by the Chair of the Hearing Committee or

the Director for stipulation as to matters of fact, simplification

of issues, scheduling of pre-hearing motions, the establishment

of a date for the formal hearing, and other similar matters

which may be resolved prior to hearing.

(h) Discipline by Consent. Respondent may tender a

conditional consent to a specific discipline contained in Rule

16. This conditional consent will be submitted to Bar Counsel

for his or her approval. If accepted by Bar Counsel, (s)he will

refer the conditional admission to the Board for its approval or

rejection of the requested discipline.

The consenting Respondent will present to the Board an

affidavit stating that (s)he desires to consent to the specific

discipline and that

(1) his or her consent is freely and voluntarily given and

is not the subject of any coercion or duress; and

(2) (s)he admits to the charges stated in the grievance.

Acceptance of the conditional consent by the Board will

be subject to Court approval if the specific discipline to be

imposed includes discipline provided in Rule 16(a) (1), (2), (3)

and (4). Any conditional admission rejected by the Board or

the Court will be withdrawn and Bar Counsel will proceed

under Section (e) of this Rule. Any admission made by

Respondent in a conditional consent rejected by the Board or

the Court cannot be used against the Respondent in any

subsequent proceeding.

Bar Counsel may amend a petition for formal hearing at

any time before an answer is filed. Bar Counsel may amend a

petition for formal hearing after an answer is filed only by

leave of the Hearing Committee or by written consent of the

Respondent. Leave to amend will be freely given when justice

requires. A Respondent will file an answer to an amended

petition for formal hearing within the time remaining to file an

answer to the original petition, or within 10 days after service

of the amended petition, whichever is later.

If the Court or the Board rejects a conditional consent, the

matter will be remanded to the Hearing Committee, if any,

which was appointed to hear the petition. If no Hearing

Committee has been appointed, the Director will appoint one

in accordance with Section (f) of this Rule.

(f) Assignment to Hearing Committee. In accordance

with Rule 12(e), a petition for formal hearing will be assigned

by the Director to a Hearing Committee after an answer is filed

or after the expiration of the time for filing an answer, unless

Respondent tenders conditional consent to a specific discipline.

The notice of assignment to Hearing Committee will indicate

the names of the members of the Hearing Committee assigned

to hear the matter and will advise Respondent that (s)he is

entitled to

(j) Rules of Evidence. The rules of evidence applicable

in administrative hearings will apply in all hearings before

Hearing Committees. No new evidence shall be allowed by the

Committee chair after the hearing without notice to the

opposing party and an opportunity to respond.

(1) be represented by counsel;

(i) Notice of Hearing. The Director will serve a notice

of formal hearing upon Respondent, or his or her counsel,

indicating the date and place of the formal hearing.

(k) Motions, Findings, Conclusions, Recommendation. Hearing Committees may consider and rule on prehearing motions. On procedural motions, the Committee chair

will rule; on dispositive or substantive motions, the full

Hearing Committee will rule. The Hearing Committee may

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direct either or both parties to submit proposed findings of fact,

conclusions of law, and a recommendation after the formal

hearing, which will be filed within 10 days of the date of the

request by the Committee.

(l) Report of Hearing Committee and Appeal. Within

30 days of the conclusion of a formal hearing, the Hearing

Committee will submit its report to the Board in accordance

with 12(i) (4), unless an extension of time is granted by the

President of the Board. Within 10 days of service of the report,

Bar Counsel or Respondent may appeal the Hearing

Committee’s findings of fact, conclusions of law, and

recommendation and request oral argument before the Board,

as provided in Rule 25(f). The Director will thereafter set the

dates for submission of briefs and oral argument before the

Board.

(m) Oral Argument. Oral argument before the Board

will be waived unless either Bar Counsel or Respondent

requests argument as provided in Section (1) of this Rule.

(n) Board Recommendation or Order. The Board will

review the Hearing Committee report and record and enter an

appropriate recommendation or order as provided in Rule 10(c)

(4), (5), and (6). If the Board has recommended discipline as

provided in Rule 16(a) (1), (2), (3) or (4), it will submit to the

Court its findings of fact, conclusions of law, recommendation,

and the record. The record will include a transcript of all

proceedings before the Board as well as the Hearing

Committee report.

(o) Notification of Disposition. The Director will

promptly notify all parties of the Board’s action.

(p) Appeal from Board Order or Recommendation.

Bar Counsel or Respondent may appeal from an order or

recommendation of the Board made under Section (n) of this

Rule by filing a notice of appeal with the Court within 10 days

of service of the Board’s order or recommendation. Parts II

and V of the Alaska Rules of Appellate Procedure will govern

appeals filed under this Rule, except that for purposes of

Appellate Rule 210(c)(2), excerpts of record must contain:

(1) the petition for formal hearing and answer and any

amended petition or answer;

(2) the Hearing Committee report and any amended or

supplemental report;

(3) all briefing and transcripts of proceedings before the

Board and the Board’s findings of fact, conclusions of law, and

recommendation, and any amended or supplemental findings

of fact, conclusions of law, and recommendation;

(4) all Hearing Committee or Board orders or rulings

sought to be reviewed;

(5) if the grant or denial of a motion is at issue in the

appeal, the motion, the transcript of any discussion of the

motion, and briefs, memoranda, and relevant portions of

documents filed in support of or in opposition to the motion;

and

(6) specific portions of other documents in the record,

including documentary exhibits, that are referred to in the brief

and essential to the resolution of an issue on appeal.

(q) Record of Proceedings. A complete stenographic or

electronic record of all proceedings before Hearing

Committees and before the Board will be made and preserved.

The Court shall furnish at its expense the necessary equipment,

operator, and stenographic services for the preservation of the

record of all such proceedings, and for the preparation of

transcripts of all such proceedings.

(r) Review by Supreme Court. The Court will review

findings of fact, conclusions of law, and recommendations of

discipline made by the Board pursuant to Section (n) of this

Rule. The Court will decide the grounds for discipline,

pursuant to Rule 15; the type of discipline to be imposed,

pursuant to Rule 16(a); and any requirements to be imposed,

pursuant to Rule 16(c). When no appeal has been taken

pursuant to Section (p) of this Rule, and if the Court

determines that discipline different than that recommended by

the Board may be warranted, the Court will so notify the

parties and give them an opportunity to be heard.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 14 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 658 effective March 15, 1986; by SCO 962

effective July 15, 1989; by SCO 963 effective July 15, 1989;

by SCO 1048 effective nunc pro tunc September 12, 1990; by

SCO 1153 effective July 15, 1994; by SCO 1454 effective

October 15, 2003; by SCO 1601 effective April 16, 2007; and

by SCO 1707 effective October 15, 2013)

Rule 23.

Service.

All service of petitions will be accomplished in

accordance with Rule 4 of the Alaska Rules of Civil

Procedure. All service of pleadings, motions, and other

documents contemplated by any requirement of these Rules

will be accomplished in accordance with Rule 5 of the Alaska

Rules of Civil Procedure.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 15 effective April 1, 1979; by SCO 432 effective

November 1, 1980; and rescinded and repromulgated by SCO

614 effective January 1, 1985)

Rule 24.

Discovery; Subpoena

Compensation.

Power;

Witness

(a) Subpoenas during Investigation. At any stage of an

investigation, only the Bar Counsel will have the right to

summon witnesses and require the production of records by

issuance of subpoenas. Subpoenas will be issued at the request

of Bar Counsel by any member of any Area Division.

Subpoenas will be served in accordance with Rule 23. Any

challenge to the validity of a subpoena so issued will be heard

and determined by any member of any Area Division. All

subpoenas issued under this Section will clearly indicate on

their face that they are issued in connection with a confidential

investigation and that it is regarded as contempt of court for

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any member of the Alaska Court System, a process server, or a

person subpoenaed to in any way breach the confidentiality of

the investigation. It will not be regarded as a breach of

confidentiality for a person subpoenaed to consult with an

attorney.

(b) Subpoenas during Formal Proceedings. Both Bar

Counsel and Respondent have the right to summon witnesses

before a Hearing Committee and to require production of

records before the Committee by issuance of subpoenas.

Subpoenas will be issued at the request of Bar Counsel or

Respondent by any member of the Hearing Committee.

Subpoenas will be served in accordance with Rule 23. Any

challenge to the validity of a subpoena will be heard and

determined by the chair of the Hearing Committee or any

Committee member designated by the chair.

Rule 25.

Appeals; Review

Determinations.

Bar

Counsel

(a) Interlocutory Appeal. Only upon the conditions and

subject to the Rules of Procedure set forth in Part IV of the

Alaska Rules of Appellate Procedure may parties petition the

Court for review of an interlocutory order, recommendation, or

decision of

(1) any member of any Area Division;

(2) a Hearing Committee or a single member thereof; or

(3) the Board or a single member thereof.

pursuant to this Rule will be enforceable in any superior court

in this State.

(b) Admonition Not Appealable. A Respondent cannot

appeal the imposition of a written private admonition. In

accordance with Rule 22(d), (s)he may request initiation of

formal proceedings before a Hearing Committee within 30

days of receipt of the admonition.

(d) Discovery. Requests for production, requests for

admissions, and the taking of deposition testimony may ensue

for a period of 60 days following the filing of Respondent’s

answer to a petition for formal hearing. Both Bar Counsel and

Respondent will be afforded reciprocal discovery under this

Rule of all matters not privileged. Any disputes under this

Section will be ruled upon by the chair of the Hearing

Committee. Any discovery ruling is interlocutory and may

only be appealed in accordance with Rule 25(a). The Alaska

Rules of Civil Procedure, to the extent applicable, will govern

discovery under this Rule.

Decision to Dismiss. A Complainant may appeal the decision

of the Bar Counsel to dismiss a complaint within 15 days of

receipt of notice of the dismissal. The Director will appoint a

member of an Area Division of the appropriate area of

jurisdiction to review the Complainant’s appeal. The appointed

Area Division member may reverse the decision of Bar

Counsel, affirm the decision, or request additional

investigation. This Division member will be disqualified from

any future consideration of the matter should formal

proceedings be initiated.

Deposition testimony may be taken by stenographic,

electronic, or video means. The Court will furnish, at its

expense, the necessary equipment, operator, and stenographic

services for recording and transcription of deposition

testimony taken by Bar Counsel.

(d) Review of Bar Counsel’s Decision to File Formal

Petition. A decision by Bar Counsel to initiate formal

proceedings before a Hearing Committee will be reviewed by

the Board Discipline Liaison prior to the filing of a formal

petition. The Board Discipline Liaison will, within 20 days,

approve, modify, or disapprove the filing of a petition, or order

further investigation.

(e) Witness Compensation. Witnesses may be

compensated in accordance with the administrative rules of

court. Respondents will not be paid witness fees for attendance

at hearings.

(Added by SCO 176 dated February 26, 1974; repromulgated

by SCO 345 § 16 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989)

Note: Ch. 75 SLA 2002 (HB 106), Section 4, adds a new

section to AS 06.01 relating to the confidentiality of depositor

and customer records at banking and other financial

institutions. According to Section 56 of the Act, AS

06.01.028(b) has the effect of changing Civil Rule 45,

Criminal Rules 17 and 37, and Alaska Bar Rule 24 by

requiring certain court orders compelling disclosure of records

to provide for reimbursement of a financial institution’s

reasonable costs of complying with the order.

(e) Appeal by Bar Counsel. Bar Counsel may appeal

the decision made under Section (d) of this Rule within 10

days following receipt of the Board Discipline Liaison’s

decision. The Director will designate an Area Division

Member to hear this appeal. The decision of the Area Division

Member will be final.

(f) Appeal of Hearing Committee Findings,

Conclusions, and Recommendation. Within 10 days of

service of the Hearing Committee’s report to the Board, as set

forth in Rule 22(1), the Respondent or Bar Counsel may appeal

the findings of fact, conclusions of law, or recommendation by

filing with the Board, and serving upon opposing party, a

notice of appeal. Oral argument before the Board will be

waived unless either Bar Counsel or Respondent requests

argument as provided in Section (l) of Rule 22.

(g) Respondent Appeal from Board Recommendation

or Order. Respondent may appeal from a recommendation or

order of the Board made under Rule 22(n) by filing a notice of

appeal with the Court within 10 days of service of the Board’s

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recommendation or order. Part II of the Rules of Appellate

Procedure will govern appeals filed under this Rule.

with the Court by any clerk of court, Bar Counsel, the Board,

or any District Attorney.

(h) Bar Counsel Petition for Hearing of a Board

Recommendation or Order. Bar Counsel may petition from a

recommendation or order of the Board made under Rule 22(n)

by filing a petition for hearing with the Court within 10 days of

service of the Board’s recommendation or order. Part III of the

Rules of Appellate Procedure will govern petitions filed under

this Rule.

(d) Duty to Report. The administrative director shall

notify the Alaska Bar Association of cases in which an

attorney is convicted of a crime. Upon request, the clerk of

court shall provide the Association with a certified copy of the

judgment of conviction. An attorney admitted to practice in

Alaska shall also self-report his or her conviction of any crime

to the Alaska Bar Association within 30 days of that

conviction.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 17 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 658 effective March 15, 1986; by SCO 962

effective July 15, 1989; and by SCO 1082 effective January

15, 1992)

Rule 26.

Criminal Conviction; Interim Suspension.

(a) Interim Suspension for Criminal Conviction.

Upon the filing with the Court of a certificate that an attorney

has been convicted of a serious crime as defined in Section (b)

of this Rule, the Court will issue an order directing the attorney

to inform the Court within seven days from service of the order

of any good cause why interim suspension should not be

ordered. Unless good cause is shown, the Court will enter an

order of interim suspension immediately suspending the

attorney. The order of interim suspension will be entered

whether the conviction resulted from a plea of guilty or nolo

contendere, or from a verdict after trial, or otherwise, and

regardless of the pendency of an appeal. The Court will notify

the Bar and the attorney of the order placing the attorney on

interim suspension. The order of interim suspension shall be

effective immediately upon filing and entry and will continue

in effect pending final disposition of the disciplinary

proceeding initiated by reason of the conviction.

(b) Definition of Serious Crime. The term “serious

crime” shall include any crime which is or would be a felony

in the State of Alaska and shall also include any lesser crime a

necessary element of which, as determined by the statutory or

common law definition of such crime, involves conduct as an

attorney, interference with the administration of justice, false

swearing, misrepresentation, fraud, deceit, bribery, corruption,

extortion, misappropriation, theft, or an attempt or a

conspiracy or solicitation of another to commit a “serious

crime.” Willful failure to file an income tax return shall be

considered a “serious crime” for purposes of Section (a) of this

Rule.

for any crime will be conclusive evidence of the commission

of that crime in any disciplinary proceeding instituted against

an attorney based upon the conviction. The requirement of a

certificate of conviction may be satisfied by a certificate from a

clerk of court that an attorney has been convicted of a crime in

that court, by a certified copy of a judgment of conviction or

another court document evidencing the conviction, or by an

affidavit establishing the fact of conviction which is also

served on the attorney. A certificate of conviction may be filed

(e) Interim Suspension for Threat of Irreparable

Harm. Interim suspension will be imposed by the Court on a

showing by Bar Counsel of conduct by an attorney that

constitutes a substantial threat of irreparable harm to his or her

clients or prospective clients or where there is a showing that

the attorney’s conduct is causing great harm to the public by a

continuing course of misconduct. The attorney may file an

objection to the order of interim suspension within seven days

after service of the order on the attorney. The Bar may file an

opposition to the objection within seven days after service of

the attorney’s objection. The Court will consider the objection

and any opposition and may take such action as it deems

warranted.

(f) Reinstatement after Interim Suspension. An

attorney suspended under Section (a) of this Rule may petition

for reinstatement upon the filing of a certificate demonstrating

that the underlying conviction for a serious crime has been

reversed or set aside. The reinstatement will not terminate any

formal proceeding then pending against the attorney, the

disposition of which shall be determined by the Hearing

Committee and the Board on the basis of the available

evidence.

(g) Proceedings Following Interim Suspension. Upon

receipt of the certificate of conviction for a serious crime, the

Court, in addition to suspending the attorney in accordance

with Section (a) of this Rule, will refer the matter to Bar

Counsel for the initiation of a formal proceeding before a

Hearing Committee. The sole issue to be determined by the

Hearing Committee will be the extent of the final discipline to

be imposed; however, the matter will not be brought to hearing

until all appeals from the conviction are concluded, unless the

Respondent requests an earlier hearing.

(h) Proceedings Following Conviction for Other Than

Serious Crimes. Upon receipt of a certificate of conviction for

a crime other than those described in Section (b) of this Rule,

the Court may, in its discretion, refer the matter to Bar Counsel

for whatever action (s)he deems warranted, including the

possible initiation of a formal proceeding.

(i) Proceedings Following Conviction of a Crime

Relating to Alcohol or Drug Abuse; Interim Suspension for

Noncompliance.

(1) Upon receipt of a certificate of conviction of a crime

relating to alcohol or drug abuse, other than a crime described

in Section (b) of this Rule, the Court may, in its discretion, refer

ALASKA BAR RULES

the matter to the Lawyers’ Assistance Committee of the Alaska

Bar Association.

(2) The convicted attorney shall meet with the Committee. The Committee shall serve on the attorney in writing

any recommendations for professional evaluation and professionally recommended treatment. The attorney shall comply

with any recommendations of the Committee. All information

received by the Committee shall remain confidential. The Committee shall report to Bar Counsel once the matter has been

concluded to the satisfaction of the Committee.

(3) Reconsideration and Appeal.

(A) The attorney may, within 10 days of service, ask for

reconsideration by the Committee if the attorney presents new

and material information relevant to the Committee’s

recommendations. The Committee will decide whether to

reconsider the matter and shall issue a written decision either

modifying or confirming its recommendations.

(B) The attorney may appeal any written decision or

recommendations of the Committee to the Board within 10

days of service. If the attorney appeals, the Committee shall

disclose to the Board, on a confidential basis, all relevant

information received by the Committee. The Board, in its discretion, may approve, disapprove or modify the recommendations.

by filing an appeal with the Court. Unless the attorney waives

confidentiality in writing, the appeal, the attorney’s identity,

and all relevant information received by the Committee shall

remain confidential. The caption for the appeal should state: In

the Matter of Attorney [NAME].

(4) In the event that the attorney does not meet with the

Committee or comply with the Committee’s recommendations,

the Committee shall serve on the attorney notice of the

attorney’s failure to meet or comply with its recommendations

and require the attorney to cure the deficiency within 10 days

of service of the notice. If the attorney fails to cure the

deficiency as required, the Committee shall make a confidential

report to the Court regarding the attorney’s failure to meet or

comply. The report shall disclose to the Court, on a confidential

basis, all relevant information received by the Committee. The

Court may order the attorney to show cause why the attorney

should not be suspended from the practice of law until the

attorney demonstrates to the Court that the deficiency is cured.

(j) Interim Suspension, General Provisions. If interim

suspension is imposed by the Court, the Court may appoint a

trustee in accordance with Rule 31. In any case in which

interim suspension has been ordered, the disciplinary

proceedings will be diligently prosecuted. Interim suspension

will terminate upon the final disposition of disciplinary

proceedings, or upon the earlier entry of an order by the Court

terminating interim suspension.

(k) Notification. An attorney placed on interim

suspension must comply with Rule 28 concerning notification

of parties.

(l) Conviction. Conviction for purposes of this rule

occurs upon entry of a plea of guilty or no contest or upon

entry of a finding or verdict of guilt.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 18 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989; by SCO 1168

effective July 15, 1994; by SCO 1236 effective May 2, 1996;

by SCO 1263 effective July 15, 1997; by SCO 1756 effective

October 14, 2011; by SCO 1810 effective April 15, 2014; by

SCO 1811 effective April 15, 2014; SCO 1904 effective

October 15, 2017; and by SCO 1925 effective July 1, 2018)

Rule 27.

Reciprocal Discipline.

(a) Notice to Disciplined Attorney. Upon receipt of a

certified copy of an order demonstrating that an attorney

admitted, specially admitted to practice in this State, or

engaged in the practice of law in this State has been disciplined

in another jurisdiction, the Court will issue a notice to him or

her containing a copy of the order from the other jurisdiction

and an order directing that the attorney inform the Court within

30 days from service of any reason why the imposition of the

identical discipline in this State would be unwarranted, and the

reasons therefor. The Court will cause this notice to be served

upon the attorney and Bar Counsel.

(b) Stay of Discipline. In the event the discipline

imposed in the original jurisdiction has been stayed by that

jurisdiction, any reciprocal discipline to be imposed in this

State will be deferred until the stay expires.

expiration of 30 days from service of the notice and order

issued pursuant to Section (a) of this Rule, the Court will

impose the identical discipline imposed by the original

jurisdiction unless Bar Counsel or Respondent files a petition

alleging that

(1) the procedure in the original jurisdiction was so

lacking in notice or opportunity to be heard as to constitute a

deprivation of due process;

(2) an infirmity of proof establishing the misconduct

exists which gives rise to the clear conviction that the action of

the original jurisdiction should not be accepted;

(3) the imposition of the same discipline would result in

grave injustice;

(4) the misconduct established has been held to warrant

substantially different discipline in this State; or

(5) the conduct does not violate Rule 15.

The Court will enter an order as it deems appropriate

when the Court determines that any of the above exceptions to

the discipline imposed by the original jurisdiction exist.

(d) Conclusive Evidence. Unless the Court has made an

exception under Section (c) of this Rule, the final adjudication

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of misconduct in another jurisdiction will be conclusive

evidence of misconduct for purposes of discipline in this State.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 345 § 19 effective April 1, 1979; and rescinded and

repromulgated by SCO 614 effective January 1, 1985;

amended by SCO 962 effective July 15, 1989)

Rule 28.

Action Necessary

Disciplined.

When

Attorney

(b) Substitute Counsel. An attorney suspended for 90

days or less will assist his or her clients in arranging for

alternate representation where necessary or requested.

Should the client of an attorney who has been disbarred,

suspended for more than 90 days, or who is under an order of

interim suspension not obtain substitute counsel before the

effective date of the disbarment or suspension, the disciplined

attorney will move for leave to withdraw in the court or

administrative agency in which the proceeding is pending.

(a) Notice. An attorney who has been disbarred,

suspended, placed on probation, or who is under an order of

interim suspension, will promptly provide notice of the

discipline imposed as required by this Section. Notice will be

sent by certified or registered mail, return receipt requested.

Notice to clients need only be sent to clients represented by the

disciplined attorney on the entry date of the Court’s order.

Notice required to attorneys representing opposing parties in

pending litigation or administrative proceedings need only be

sent if the disciplined attorney is an attorney of record at the

time of the entry date of the Court’s order. Notice will be

provided as follows:

Orders imposing disbarment, suspension, or probation will be

effective 30 days after the entry date, unless otherwise ordered

by the Court in the order imposing discipline. After the entry

date of a disbarment or suspension order, the disciplined

attorney will not accept any new retainer or accept

employment in any new case or legal matter of any nature.

However, during the period from the entry date of the order to

its effective date, (s)he may, unless otherwise ordered by the

Court in the order imposing discipline, wind up and complete,

on behalf of any client, all matters which were pending on the

entry date of the order.

(1) an attorney who has been disbarred, suspended for

more than 90 days, or who is under an order of interim

suspension, will promptly notify

(d) Prohibition on Practice. An attorney who has been

disbarred, suspended, or who is under an order of interim

suspension will, during the period of his or her disbarment or

suspension, cease all practice of law, including the acceptance

of any new clients.

(A) each of his or her clients who is involved in pending

litigation or administrative proceedings, and each attorney

representing opposing parties in the proceedings, of his or her

disbarment or suspension and his or her inability to practice

law in the State after the effective date of the disbarment or

suspension; the notice given the client will advise the client of

the necessity to promptly seek substitution of another attorney;

the notice served upon the attorneys for the opposing parties

will state the mailing address of the client of the disbarred or

suspended attorney; and

(B) each of his or her clients who is involved in any

matters other than litigation or administrative proceedings; the

notice will advise the clients of his or her disbarment or

suspension, his or her inability to practice law in the State after

the effective date of the disbarment or suspension, and the

need to seek legal advice from a different attorney;

(2) an attorney who has been suspended for 90 days or

less will notify all clients in any matters, and each attorney

representing opposing parties in any pending litigation or

administrative proceedings, that (s)he will be unavailable for

the period of time specified in the Court’s order; the

disciplined attorney will advise his or her clients that they may

seek substitute counsel at their discretion; and

(3) an attorney who has been placed on probation will

notify all clients in any matters, and each attorney representing

opposing parties in any pending litigation or administrative

proceedings, of the terms of his or her probation, unless the

Court, in its order placing the attorney on probation, relieves

the attorney of this duty.

(e) Probation. Probation may be imposed in accordance

with Rule 16(a) (3) only in those cases where there is little

likelihood that the attorney on probation will harm clients or

the public during the period of probation and where the

conditions of probation can be adequately supervised.

Probation may be renewed by the Court for an additional

period if the Board so recommends and the Court concurs in

the recommendation. The Board’s recommendation for

renewal of probation will be submitted to the Court not more

than six months, nor less than 60 days prior to the expiration of

the original probation period. The attorney on probation will be

advised of the recommendation and be given an opportunity to

be heard by the Court. The conditions of probation will be

specified in writing.

(f) Compliance by Disciplined Attorney. Within 10

days after the effective date of a disbarment or suspension

order, the disciplined attorney will file with the Court, and

serve upon Bar Counsel, an affidavit showing that

(1) (s)he has fully complied with the provisions of the

order and with these Rules; and

(2) (s)he has notified all other state, federal and

administrative jurisdictions to which (s)he is admitted to

practice of his or her discipline.

The affidavit will also set forth the residence and mailing

addresses of the disciplined attorney where communications

may thereafter be directed. Pursuant to Rule 9(e), it is the

ongoing responsibility of the disciplined attorney to keep the

ALASKA BAR RULES

Bar apprised of his or her current address and telephone

number.

(g) Public Notice. The Board will cause a notice of the

disbarment, suspension, interim suspension, probation, public

censure, or public reprimand to be published in

(1) an official Alaska Bar Association publication and on

the Alaska Bar Association’s website; and

(2) a newspaper of general circulation serving the

community in which the disciplined attorney maintained his or

her practice.

(h) Circulation of Notice; National Lawyer

Regulatory Data Bank. The Board will promptly transmit a

copy of the order of disbarment, suspension, interim

suspension, probation, public censure, or public reprimand to

the presiding judges of the superior court in each judicial

district in Alaska; to the presiding judge of the United States

District Court for the District of Alaska; and to the Attorney

General for the State of Alaska, together with the request that

the Attorney General notify the appropriate administrative

agencies. The presiding judges will make such orders as they

deem necessary to fully protect the rights of the clients of the

disbarred, suspended, or probationary attorney.

Bar Counsel will transmit to the National Lawyer

Regulatory Data Bank maintained by the American Bar

Association, and any jurisdiction to which Respondent has

been admitted, notice of all discipline imposed by the Court,

all orders granting reinstatement, and all public reprimands.

(i) Record Keeping. A disbarred, suspended, or

probationary attorney will keep and maintain records of the

various steps taken by him or her pursuant to these Rules so

that proof of compliance with these Rules and with the

disbarment, suspension or probationary order is available.

Proof of compliance with the Rules and Court order will be a

condition precedent to any petition for reinstatement.

(j) Surrender of Bar Membership Card. Any attorney

upon whom disbarment, suspension, or interim suspension has

been imposed will, within 10 days of the effective date of the

order, surrender his or her Alaska Bar Association membership

card to the Director by delivery in person, or by certified or

registered mail, return receipt requested.

(Added by SCO 176 dated February 26, 1974; amended by

SCO 295 effective March 1, 1978; and rescinded and

repromulgated by SCO 614 effective January 1,1985; amended

by SCO 962 effective July 15, 1989; by SCO 1037 effective

January 15, 1991; by SCO 1048 effective nunc pro tunc

September 12, 1990; by SCO 1312 effective July 15, 1998 and

by SCO 1966 effective August 2, 2021)

Rule 29.

Reinstatement.

(a) Order of Reinstatement. An attorney who has been

disbarred or suspended may not resume practice until

reinstated by order of the Court. Interim suspension will end

only in accordance with Rule 26.

(b) Petitions for Reinstatement. An attorney who seeks

reinstatement will file a verified petition for reinstatement with

the Court, with a copy served upon the Director. In the

petition, the attorney shall:

(1) state that (s)he has met the terms and conditions of

the order imposing suspension or disbarment;

(2) state the names and addresses of all his or her

employers during the period of suspension or disbarment;

(3) describe the scope and content of the work performed

by the attorney for each such employer;

(4) provide the names and addresses of at least three

character witnesses who had knowledge concerning the

activities of the suspended or disbarred attorney during the

period of his or her suspension or disbarment; and

(5) state the date upon which the suspended or disbarred

attorney seeks reinstatement. An attorney who has been

disbarred by order of the Court may not be reinstated until the

expiration of at least five years from the effective date of the

disbarment.

Unless otherwise ordered by the Court, an attorney who

has been denied reinstatement by the Court from disbarment or

suspension may not file a petition for reinstatement until the

expiration of at least two years from the effective date of the

Court’s most recent order denying reinstatement.

been suspended for two years or less will be automatically

reinstated by the Court unless Bar Counsel files an opposition

to automatic reinstatement pursuant to Section (d) of this Rule.

Proceedings for attorneys who have been disbarred or

suspended for more than two years will be conducted as

follows:

(1) upon receipt of the petition for reinstatement, the

Director will refer the petition to a Hearing Committee in the

jurisdiction in which the Petitioner maintained an office at the

time of his or her misconduct; the Hearing Committee will

promptly schedule a hearing; at the hearing, the Petitioner will

have the burden of demonstrating by clear and convincing

evidence that (s)he has the moral qualifications, competency,

and knowledge of law required for admission to the practice of

law in this State and that his or her resumption of the practice

of law in the State will not be detrimental to the integrity and

standing of the Bar, or to the administration of justice, or

subversive of the public interest; within 30 days of the

conclusion of the hearing, the Hearing Committee will issue a

report setting forth its findings of fact, conclusions of law, and

recommendation; the Committee will serve a copy of the

report upon Petitioner and Bar Counsel, and transmit it,

together with the record of the hearing, to the Board; any

appellate action will be subject to the appellate procedures set

forth in Rule 25;

(2) at its next scheduled meeting at least 30 days after

receipt of the Hearing Committee’s report, the Board will

review the report and the record; the Board will file its findings

ALASKA COURT RULES

of fact, conclusions of law, and recommendation with the

Court, together with the record and the Hearing Committee

report; and the matter will be submitted to the court for action.

Bar Counsel may petition for hearing and the Petitioner may

appeal from the Board’s findings of fact, conclusions of law,

and recommendation within 10 days after the Board files its

recommendations with the Court. If Bar Counsel files a

petition for hearing, the time for serving and filing a response

shall be 20 days after service of the petition. If Petitioner files

a notice of appeal, the time for serving and filing the opening

brief shall be 20 days after the record is prepared and

transmitted to the Court, the time for serving and filing the

opposing brief shall be 20 days, and the time for serving and

filing the reply brief shall be 10 days. Briefing shall be in

memorandum format and, in the case of an appeal or a granted

petition for hearing, either Bar Counsel or the Petitioner may

request oral argument;

(3) in all proceedings concerning a petition for

reinstatement, Bar Counsel may cross-examine the Petitioner’s

witnesses and submit evidence in opposition to the petition;

and

(4) the retaking and passing of Alaska’s general

applicant bar examination will be conclusive evidence that the

Petitioner possesses the knowledge of law necessary for

reinstatement to the practice of law in Alaska, as required

under Section (b) (1) of this Rule.

(d) Oppositions to Automatic Reinstatement. Within

10 days after the Respondent files a petition for reinstatement

after a period of suspension of one year or less, or within 30

days after the Respondent files a petition for reinstatement

after a period of suspension of more than one year, Bar

Counsel may file an opposition to automatic reinstatement with

the Court and serve a copy upon the Board and the Petitioner.

The opposition to automatic reinstatement will state the basis

for the original suspension, the ending date of the suspension,

and the facts which Bar Counsel believes demonstrate that the

petitioner should not be reinstated.

Upon receipt by the Director of a copy of the opposition

to automatic reinstatement, reinstatement proceedings will be

initiated in accordance with procedures outlined in Section

(c)(1)–(4) of this Rule.

(e) Expenses. The Court may direct that the necessary

expenses incurred in the investigation and processing of any

petition for reinstatement be paid by the disbarred or

suspended attorney.

(f) Bar Payment of Membership Fees. Prior to

reinstatement, the disbarred or suspended attorney must pay to

the Bar, in cash or by certified check, the full active

membership fees due and owing the Association for the year in

which reinstated.

(Added by SCO 176 dated February 26, 1974: amended by

SCO 207 effective July 15, 1985; and rescinded and

repromulgated by SCO 614 effective January 1, 1985:

amended by SCO 665 effective March 15, 1986; by SCO 962

effective July 15, 1989; by SCO 1449 effective October 15,

2001; by SCO 1478 effective October 15, 2002; and by SCO

1603 effective April 15, 2008)

B. DISABILITY

Rule 30.

Procedure: Disabled, Incapacitated or

Incompetent Attorney.

(a) Immediate Transfer to Interim Disability Inactive

Status. The Court will immediately transfer an attorney to

interim disability inactive status upon a showing that

(1) the attorney has been declared incompetent by

judicial order;

(2) the attorney has been involuntarily committed to an

institution because of incapacity or disability; or

(3) the attorney has alleged during a disciplinary

proceeding that he or she is incapable of assisting in his or her

defense due to mental or physical incapacity.

The period of interim disability inactive status will

continue until further order of the Court. A copy of the order

will be served upon the attorney so transferred, his or her

guardian, or the director of the institution to which (s)he has

been committed or in a manner that the Court may direct. The

order of transfer to interim disability inactive status will be in

effect pending final disposition of a disability hearing

proceeding. The hearing will be commenced upon the transfer

to interim disability inactive status, and will be conducted in

accordance with Section (b) of this Rule. The transfer to

interim disability inactive status will terminate upon the final

disposition of the disability proceedings, or upon the earlier

entry of an order by the Court terminating interim disability

inactive status. An attorney transferred to interim disability

inactive status may petition the Court for a return to active

status upon the filing of documentation demonstrating that the

attorney has been judicially declared competent. The

reinstatement will not terminate any formal disability

proceeding then pending against the attorney.

(b) Transfer to Disability Inactive Status Following

Hearing. The Court may transfer an attorney to disability

inactive status upon a showing that the attorney is unable to

continue the practice of law by reason of mental or physical

infirmity or illness, or because of addiction to controlled

substances. Hearings will be initiated by Bar Counsel and

conducted in the same manner as disciplinary proceedings

under Rule 22, except that all proceedings will be confidential.

Upon petition of Bar Counsel for good cause shown, the Court

may order the Respondent to submit to a medical and/or

psychological examination by a Court-appointed expert.

appoint counsel to represent the attorney in a disability

proceeding if it appears to the Court that the attorney is unable

to obtain counsel or represent himself or herself effectively,

due to incapacity. Any pending disciplinary proceedings

against the attorney may, at the discretion of the Board, be

stayed pending the removal or cessation of the disability.

ALASKA BAR RULES

(d) Hearing Committee and Board Duties and

Obligations. The Hearing Committee will recommend to the

Board whether the attorney is unable to continue the practice

of law because of the reasons set out in Section (b) of this

Rule, and whether the reasons justify the transfer of the

attorney to inactive status. The Board will make

recommendations to the Court as to whether the alleged

incapacity justifies transfer to disability inactive status.

(e) Notice to Public of Transfer to Disability Inactive

Status. The Board will cause a notice of transfer to disability

inactive status, whether imposed after hearing or on an interim

basis, to be published in

(1) an official Alaska Bar Association publication and on

the Alaska Bar Association’s website; and

(2) state the names and addresses of all his or her

employers during the period of disability inactive status;

(3) describe the scope and content of the work performed

by the attorney for each such employer;

(4) provide the names and addresses of at least three

character witnesses who have knowledge concerning the

activities of the attorney during the period of disability inactive

status;

(5) provide the names and addresses of all health care

providers, hospitals, and other institutions by whom or in

which the attorney has been examined or treated since his or

her transfer to disability inactive status;

(2) a newspaper of general circulation primarily serving

the community in which the disabled attorney maintained his

or her practice.

(6) state that the disability or incapacitating condition has

been removed and attach the expert opinion of a physician,

psychiatrist or psychologist that the disability or incapacity has

been removed;

When the disability or incapacity is removed and the

attorney has been restored to active status, the Board will cause

a notice of transfer to active status to be similarly published.

(7) state whether any of the incidents listed in Rule

2(1)(d)(1)-(10) have occurred during the period of disability

inactive status.

(f) Circulation of Notice Transferring to Inactive

Status. The Board will promptly transmit a copy of the order

of transfer to interim disability inactive status or disability

inactive status to the presiding judge of the superior and

district court in each judicial district in the state; to the

presiding judge of the United States District Court for the

District of Alaska; and to the Attorney General for the State of

Alaska, together with the request that the Attorney General

notify the appropriate administrative agencies. The Board will

request action under Rule 31, as may be necessary, in order to

protect the interests of the disabled attorney and his or her

clients.

Upon receipt of the application for reinstatement, the

Director will refer the application to a Hearing Committee in

the jurisdiction in which the attorney maintained an office at

the time of his or her transfer to disability inactive status; the

Hearing Committee will promptly schedule a hearing at the

hearing, the attorney will have the burden of demonstrating

that the attorney’s disability has been removed and (s)he meets

the standards of character and fitness contained in Rule

2(1)(d); within 30 days of the conclusion of the hearing, the

Hearing Committee will issue a report setting forth its findings

of fact, conclusions of law, and recommendation; the

Committee will serve a copy of the report upon the attorney

and Bar Counsel, and transmit it, together with the record of

the hearing, to the Board; any appellate action will be subject

to the appellate procedures set forth in Rule 25.

Bar Counsel will transmit to the National Lawyer

Regulatory Data Bank maintained by the American Bar

Association, and any jurisdiction to which Respondent has

been admitted, notice of all transfers to inactive status due to

disability and all orders granting reinstatement.

(g) Reinstatement. No attorney transferred to disability

inactive status under the provisions of this Rule may resume

active or inactive status until reinstated by order of the Court.

Any attorney transferred to disability inactive status under the

provisions of this Rule will be entitled to apply for

reinstatement to active or inactive status once a year, but

initially not before one year from the date of the Court order

transferring him or her to disability inactive status, or at such

shorter intervals as the Court may direct in the order

transferring the Respondent to inactive status or any

modification thereto.

The attorney seeking transfer from disability inactive

status shall file a verified application for reinstatement with the

Court, with a copy served upon the Director. In the application,

the attorney will

(1) state that (s)he has met the terms and conditions of

the order transferring him or her to disability inactive status;

At its next scheduled meeting at least 30 days after receipt

of the Hearing Committee’s report, the Board will review the

report and the record; the Board will file its findings of fact,

conclusions of law, and recommendation with the Court,

together with the record and the Hearing Committee report; the

application will be placed upon the calendar of the Court for

acceptance or rejection of the Board’s recommendation.

In all proceedings concerning an application for

reinstatement from disability inact

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