AK · rules
Alaska Bar Ass'n Bylaws art. III, § 5
Dues Expenditure Policy, Objection(s)
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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