Alaska Bar. R. 11

As amended through December 18, 2024
Rule 11 - Bar Counsel of the Alaska Bar Association
(a) Powers and Duties. The Board will appoint an attorney admitted to the practice of law in Alaska to be the Bar Counsel of the Alaska Bar Association (hereinafter "Bar Counsel") who will serve at the pleasure of the Board. Bar Counsel will
(1) with the approval of the Board, employ attorneys as Assistant Bar Counsel and other staff as needed for the performance of his or her duties;
(2) supervise Assistant Bar Counsel and the staff of the discipline section of the Bar;
(3) with the approval of the Board, retain and supervise investigators;
(4) supervise the maintenance of any records;
(5) aid members of the public in filing grievances;
(6) process all grievances;
(7) investigate alleged misconduct of attorney s;
(8) after finding probable cause to believe that client funds have not been properly handled, and with the approval of one Area Division member, verify the accuracy of a Respondent's bank accounts that contain, should contain, or have contained client funds; Bar Council will serve upon Respondent the results of the verification in writing; any costs associated with the examination or subsequent proceedings may be assessed against the Respondent when substantial irregularities in the accounts are found;
(9) dismiss grievances if it appears from the investigation that there is no probable cause to believe that misconduct has occurred;
(10) in his or her discretion, refer a grievance to the Attorney Fee Review Committee for proceedings under Part III of the Alaska Bar Rules, if the grievance concerns a fee dispute;
(11) in his or her discretion, refer a grievance to a mediator, for proceedings under Rule 13;
(12) in his or her discretion, upon a finding of misconduct and with the approval of one member of an Area Division, impose a written private admonition upon a Respondent;
(13) in his or her discretion, after seeking review in accordance with Rule 25(d), and upon a finding of probable cause to believe that misconduct has occurred, file a petition for formal hearing initiating public proceedings;
(14) in his or her discretion, appeal a recommendation of a Hearing Committee to the Board or, pursuant to Part III of the Rules of Appellate Procedure, file a petition to the Court for hearing on a recommendation or order of the Board;
(15) in the absence of a specific grievance, initiate investigation of any misconduct and prepare and file grievances in the name of the Bar;
(16) appear at reinstatement hearings requested by suspended or disbarred attorneys;
(17) report to the Commission on Judicial Conduct any grievance involving a judge, even if the grievance arises from the judge's conduct before (s)he became a judge, or from conduct unconnected with his or her judicial office;
(18) in his or her discretion, initiate a grievance proceeding against a Respondent who is the subject of disciplinary proceedings before the Commission on Judicial Conduct, whether or not a finding of misconduct has been made by the Commission;
(19) keep the Board fully informed about the progress of all matters in his or her charge;
(20) cooperate with individuals authorized by other jurisdictions to perform disciplinary functions for that jurisdiction; and
(21) perform other duties as set forth in these Rules or as assigned by the Board.
(b) Grievance Forms. Bar Counsel will furnish forms which may be used by any person to allege misconduct against an attorney. The forms will be available to the public through the office of the Bar and through the office of every clerk of court.
(c) Dismissal of Grievance. Any grievance dismissed by Bar Counsel will be the subject of a summary prepared by Bar Counsel and filed with the Board. The names of the parties involved will not be provided in the summary. Bar Counsel will communicate disposition of the matter promptly to the Complainant and Respondent.
(d) Record Keeping. This Bar Counsel will maintain records of all grievances processed and maintain statistical data reflecting
(1) the subject of the grievances received and acted upon;
(2) the status and ultimate disposition of each grievance; and
(3) the number of times each attorney is the Respondent in a grievance, including the subjects of the grievances, and the ultimate disposition of each.
(e) Quarterly Report to Court and Board. The Bar Counsel will provide a quarterly report to the Court and the Board providing information about the number of cases filed and closed during the quarter, the status of pending cases, the disposition of closed cases, and the subject of the grievances received. The names of the Respondents will not be provided in the report.
(f) Delegation to Assistant Bar Counsel. Bar Counsel may delegate such tasks as (s)he deems appropriate to Assistant Bar Counsel (hereinafter "Assistants"). Any reference in these Rules to Bar Counsel will include the Assistants.
(g) Proceedings Against Bar Counsel. Proceedings against Bar Counsel or any Assistant Bar Counsel will be conducted in the same manner as proceedings against any other Respondent. In these matters, the Board will appoint Special Bar Counsel who will perform the duties and have the powers of Bar Counsel as provided in these Rules.
(h) Disposal of Files. Bar Counsel will destroy files of disciplinary, disability, and reinstatement proceedings in accordance with Rule 32.

Alaska Bar. R. 11

Added by SCO 176 dated February 26, 1974; rescinded and repromulgated by SCO 345 § 3 effective 4/1/1979; and rescinded and repromulgated by SCO 614 effective 1/1/1985; amended by SCO 658 effective 3/15/1986; by SCO 962 effective 7/15/1989; and by SCO 1314 effective 7/15/1998