Alaska Bar R. 37

(a) Appointment of Area Division Members. Members

of area fee dispute resolution divisions (hereinafter “area

divisions”) will be appointed by the president of the Bar

(hereinafter “president”) subject to ratification by the board.

One area division will be established in each area defined in

Rule 34(f). Each area division will consist of:

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

Bar, each of whom resides within the area of fee dispute

resolution for which (s)he is appointed; and

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

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

the area of fee dispute resolution for which (s)he is appointed,

is a United States citizen, is at least twenty-one years of age,

and is a resident of the state of Alaska.

Area division members (hereinafter “arbitrators”) will

each serve a three-year term, with each term to commence on

July 1st and expire on June 30th of the third year. A member

whose term has expired prior to the disposition of a fee dispute

matter to which (s)he 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. The president will appoint a replacement

to fill the unexpired term of a member who resigns prior to the

expiration of his or her term.

(b) Failure to Perform. The president has the power to

remove an area division member for good cause. The president

will appoint, subject to ratification by the board, a replacement

attorney or public member to serve the balance of the term of

the removed member.

(c) Assignment of Arbitration Panel Members for

Disputes in Excess of $5000.00. Bar Counsel will select and

assign members of an area division to an arbitration panel

(hereinafter “panel”) of not less than two attorney members

and one public member when the amount in dispute exceeds

five thousand dollars. In addition, Bar Counsel will appoint an

attorney member as chair of the panel.

(d) Arbitration Panel Quorum. Three members of a

panel created under Section (c) of this rule will constitute a

quorum, one of whom will be a public member. The panel

chair will vote except when an even number of panel members

is sitting. Each panel will act only with the agreement of a

majority of its voting members sitting on the matter before it.

(e) Assignment of Single Arbitrator for Disputes of

$5000.00 or Less. Bar Counsel will select and assign an

attorney member of an area division to sit as a single arbitrator

when the amount in dispute is five thousand dollars or less.

(f) Conflict of Interest. An arbitrator will 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 either party to the dispute by blood

or affinity in the third degree;

(4) (s)he has been previously or is currently retained by

either party as an attorney or has professionally counseled

either party in any matter within two years preceding the filing

of the petition for fee arbitration; or

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

fair and impartial decision.

(g) Challenges for Cause. Any challenge for cause of an

arbitrator assigned to an arbitration must be made by either

party within 10 days following notice of assignment to

arbitration, unless new evidence is subsequently discovered

which establishes grounds for challenge for cause. The

challenge will be ruled upon by Bar Counsel. If Bar Counsel

finds the challenge well taken a replacement arbitrator, if

needed, will be appointed by Bar Counsel from the appropriate

area division.

(h) Peremptory Challenge. Within ten days of the

notice of assignment to arbitration, either party may file one

peremptory challenge. Bar Counsel will at once, and without

requiring proof, relieve the challenged arbitrator of his or her

obligation to participate and appoint a replacement, if needed,

from the appropriate area division.

(i) Powers and Duties of Arbitrators. In the conduct of

arbitrations under these rules, arbitrators, sitting as a panel or a

single arbitrator, will have the powers and duties to:

(1) take and hear evidence pertaining to the proceeding;

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

affirmation on the request of any party to the dispute or by an

arbitrator;

(3) compel, by subpoena, the attendance of witnesses and

the production of books, papers, and documents pertaining to

the proceeding, and consider challenges to the validity of

subpoenas;

(4) approve written requests for prehearing discovery

upon a showing of good cause;

(5) submit a written decision to Bar Counsel, in

accordance with Rule 40; and

(6) interpret and apply these rules insofar as they relate

to their powers and duties. When a difference arises among

panel members concerning the meaning or application of any

rule, the matter will be decided by a majority vote. If that is

unobtainable, the matter in question will be referred to the

executive committee.

(j) Panel Chair Duties Take Precedence. The powers

and duties of arbitrators described in Section (i) of this rule

accrue first to the arbitrator appointed chair of the panel and

will be performed by the chair unless another panelist is

designated by the chair to act in his or her stead or the chair

determines that the full panel will consider and rule on the

particular issues in question before it. The chair of a panel, or a

single arbitrator, will preside at the arbitration hearing. (S)he

will judge the relevancy and materiality of the evidence

offered and will rule on all questions of evidence and

procedure except as described in Section (i)(5) of this rule.