Opinion
Order No. 1601.
Dated: September 18, 2006.
Effective Date: April 16, 2007.
IT IS ORDERED:
1. Alaska Bar Rule 8 is amended to read as follows:
Rule 8. Supreme Court Review.
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Section 3. To the extent practicable, the procedure governing an appeal by an applicant for admission to the practice of law from a final decision of the Board of Governors shall be governed by the rules of practice in civil matters set forth in Parts II and V of the Alaska Rules of Appellate Procedure., except that for purposes of Appellate Rule 210(c)(2), excerpts of record must contain:
(a) the applicant's statement of points on appeal and any attachments;
(b) the Board's decision whether to grant a hearing on the applicant's appeal;
(c) the report of any master appointed to hear the applicant's appeal and any amended or supplemental reports;
(d) all briefing and transcripts of proceedings before the Board and the Board's findings of fact, conclusions of law, and final decision, and any amended or supplemental findings, conclusions, and final Supreme Court of the State of Alaska decisions;
(e) all master or Board orders or rulings sought to be reviewed;
(f) if the grant or denial of a motion is at issue in the appeal, the motion, the transcript of any discussion of the motion, and briefs, memoranda, and relevant portions of documents filed in support of or opposition to the motion; and
(g) specific portions of other documents in the record, including documentary exhibits, that are referred to in the brief and essential to the resolution of an issue on appeal.
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2. Alaska Bar Rule 22 is amended to read as follows:
Rule 22. Procedure.
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(p) Appeal from Board Order or Recommendation. Bar Counsel or Respondent may appeal from an order or recommendation of the Board made under Section (n) of this Rule by filing a notice of appeal with the Court within 10 days of service of the Board's order or recommendation. Parts II and V of the Alaska Rules of Appellate Procedure will govern appeals filed under this Rule., except that for purposes of Appellate Rule 210(c)(2), excerpts of record must contain:
(1) the petition for formal hearing and answer and any amended petition or answer;
(2) the Hearing Committee report and any amended or supplemental report;
(3) all briefing and transcripts of proceedings before the Board and the Board's findings of fact, conclusions of law, and recommendation, and any amended or supplemental findings of fact, conclusions of law, and recommendation;
(4) all Hearing Committee or Board orders or rulings sought to be reviewed;
(5) if the grant or denial of a motion is at issue in the appeal, the motion, the transcript of any discussion of the motion, and briefs, memoranda, and relevant portions of documents filed in support of or in opposition to the motion; and
(6) specific portions of other documents in the record, including documentary exhibits, that are referred to in the brief and essential to the resolution of an issue on appeal.
/s/____________________________ Chief Justice Fabe
/s/____________________________ Justice Matthews
/s/____________________________ Justice Eastaugh
/s/____________________________ Justice Bryner
/s/____________________________ Justice Carpeneti