Alaska Bar R. 22

(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.

(c) Dismissal Before Formal Proceedings. If after

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.

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.

(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

(1) be represented by counsel;

(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.

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.

(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.

(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.

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

will rule; on dispositive or substantive motions, the full

Hearing Committee will rule. The Hearing Committee may

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.