Bindinglaw

AK · rules

Alaska Bar Ass'n Bylaws art. III, § 5

Dues Expenditure Policy, Objection(s)

activein force · 2025-04-23 – presentact-effective-date

to Expenditure(s).

(a) Board Policy Concerning Expenditure of Dues. It

is the general policy of the Board to restrict the disbursement

of dues to expenditures necessarily or reasonably incurred for

the purpose of regulating the legal profession in Alaska or

improving the quality of legal services available to the people

of Alaska. These expenditures are considered “chargeable”

within the meaning of Keller v. State Bar of California, 496

U.S. 1, 110 L.Ed.2d 1, 110 S.Ct. 2228 (1990). To the extent

that any member objects to the disbursement of dues for reason that the member believes the expenditure to be “nonchargeable”, the member must file an objection as

provided in subparagraphs (d) and (e).

However, the Board, upon a vote of three quarters of the

members of the full Board, may approve the disbursement of

dues for expenditures which are considered “nonchargeable”

within the meaning of Keller v. State Bar of California. If the

Board disburses funds for “nonchargeable” expenditures,

notice of the expenditure(s) shall be given in an official

publication of the Bar. A member may request, in writing to

the Executive Director, an appropriate dues refund within sixty

(60) days of such notice. The dues refund, which shall be

determined by the Board, shall be limited to that pro-rata

amount of a member’s dues reasonably related to any costs

actually incurred with regard to the “nonchargeable” activity.

To the extent that any member objects to the determination of

the amount of the expenditure, the member must proceed under

subparagraph (e).

(b) Publication of Annual Budget. Following approval

by the Board, the annual budget of the Bar shall be published

in the official publication of the Bar, and shall otherwise be

distributed to ensure notice to all dues-paying members. In

addition, copies of the approved annual budget shall be

available to members upon request.

(c) Information in Dues Notices. Dues notices sent to

members shall reference: (1) the publication of the annual

budget of the Bar in the official publication of the Bar and

advise members that they may obtain a copy of the budget

upon request, and (2) that members may review the approved

minutes of the Board at the Bar office and obtain a copy of the

approved minutes upon request.

(d) Time for Filing Objection(s). A member’s objection

to the expenditure of dues by the Board must be received by

the Executive Director or postmarked within sixty (60) days of

the publication of the Board action in the official publication of

the Bar.

(e) Arbitration of Objection(s) to Expenditure(s).

Upon receipt of a timely objection to an expenditure, the

President of the Board shall appoint a hearing master to

consider the objection, utilizing the procedures provided in Bar

Rule 7. All objections to expenditure(s) shall be consolidated

in a single proceeding, where possible. The Bar shall have the

burden of proving by a preponderance of the evidence that the

expenditure(s) objected to are “chargeable.”

In addition, the President shall direct the Executive

Director to determine the amount of the expenditure(s)

reasonably in dispute involving the objecting member(s) and

shall order that amount to be held in an interest-bearing escrow

account pending final determination by the Board, or if

appealed, by the Alaska Supreme Court.

If the hearing master determines that an objection to an

expenditure has been frivolously made, the hearing master may

assess costs associated with the proceeding against the

member(s) filing the frivolous objection(s).

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
93f43f2c2b4eb20ed6e614aac4af0f140b77f24627c1fb52dc4f7029b294c771
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