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AK · rules

Alaska Bar R. 25

Appeals; Review of Bar Counsel Determinations

activein force · 1992-01-15 – presentact-effective-date

(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.

(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.

(c) Appeal by Complainant from Bar Counsel’s

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.

(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) 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

recommendation or order. Part II of the Rules of Appellate

Procedure will govern appeals filed under this Rule.

(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.

History

(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)

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
e9f8e6929d5ca752c8f5b67d22c2af26440aacf3dda8406cfa790d48b322b409
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