AK · rules
Alaska Bar R. 25
Appeals; Review of Bar Counsel Determinations
(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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