Rule 12 - Area Discipline Divisions and Hearing Committees(a) Appointment of Area Division Members. Members of Area Discipline Divisions (hereinafter "Area Divisions") will be appointed by the chief justice under the procedure set out in this rule. One Area Division will be established in each area defined in Rule 9(d). 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 disciplinary jurisdiction for which he or she 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 disciplinary jurisdiction for which he or she is appointed, is a United States Citizen, is at least 25 years of age, and is a resident of the State of Alaska. Area Division members will each serve a four year term, with each term to commence July 1 and expire on June 30th of the fourth year. No member will serve for more than two consecutive terms. A member whose term has expired prior to the disposition of a disciplinary or disability matter to which he or she 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. A member who has served two consecutive terms may be reappointed after the expiration of one year.
By May 15 of each year, the Board will send the chief justice lists of proposed Area Division members meeting these qualifications together with their resumes. The chief justice will appoint the members of the Area Discipline Divisions from these lists.
(b) Powers and Duties of Area Division Members. Upon selection and assignment by the Director, Area Division members will have the powers and duties to (1) sit on Hearing Committees; (2) review requests from Bar Counsel to impose private admonitions upon Respondents pursuant to Rule 22(d); (3) hear appeals from complainants from dismissals of grievances pursuant to Rule 25(c); (4) review Bar Counsel's decision to file a formal petition pursuant to Rule 25(e); (5) review challenges to Hearing Committee members pursuant to Section (h) of this Rule; and(6) issue subpoenas and hear challenges to their validity pursuant to Rule 24(a). (c) Representation of Respondents Prohibited. Members serving on Area Divisions will not represent a Respondent in disability or grievance matters during his or her term. (d) Failure to Perform. The chief justice has the power to remove an Area Division member for good cause. The chief justice will appoint a replacement attorney or public member to serve the balance of the term of the removed member. (e) Assignment of Hearing Committee Members. The Director will select and assign members of an Area Division to a Hearing Committee of not less than two attorney members and one public member. In addition, the Director will appoint an attorney member as chair of the Hearing Committee. (f) Hearing Committee Quorum. Three members of a Hearing Committee will constitute a quorum, one of whom will be a public member. The Hearing Committee chair will vote except when an even number of Hearing Committee members is sitting. Each Hearing Committee will act only with the agreement of a majority of its voting members sitting for the matter before it. (g) Conflict of Interest. A Hearing Committee member may 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 the Respondent by blood or affinity within the third degree; (4) the Respondent has retained the Hearing Committee member as his or her attorney or has been professionally counseled by him or her in any matter within two years preceding the filing of the formal petition before the Committee; or (5) (s)he believes that, for any reason, (s)he cannot give a fair and impartial decision. (h) Challenged Member. Any challenge for cause to an Area Division member assigned to a Hearing Committee must be made by either Respondent or Bar Counsel within 10 days following notice of the assignment, unless new evidence is discovered which establishes grounds for a challenge for cause. The challenge will be ruled upon by an Area Division member selected by the Director from the Area Division from which the Hearing Committee was chosen. If the Area Division member finds the challenge well taken, he or she will notify the Director, who will assign another member of the Area Division to the Hearing Committee. If a quorum exists in the absence of the challenged member, the Director need not assign a replacement. Within 10 days of the notice of assignment of Hearing Committee members, a Respondent may file one peremptory challenge and the Bar Counsel may file one peremptory challenge. The Director will at once, and without requiring proof, relieve the challenged member of his or her obligation to participate, and the Director will assign another member of the Area Division to the Hearing Committee. If a quorum exists in the absence of the challenged member, the Director need not appoint a replacement.
(i) Powers and Duties of Committees. Hearing Committees will have the powers and duties to (1) swear witnesses, who will be examined under oath or affirmation, and conduct hearings on formal charges of misconduct referred to them by Bar Counsel; (2) acting as a body, or through a single member, issue subpoenas and consider challenges to their validity; (3) direct, in their discretion, the submission of proposed findings of fact, conclusions of law, recommendations, and briefs; and (4) submit a written report to the Board. This report will contain the Hearing Committee's findings of fact, conclusions of law, and recommendation, and will be submitted together with the record, including any briefs submitted and a transcript of the proceedings before it.(j) Proceedings Against Division Members. Proceedings against attorney members of Area Divisions will be conducted in the same manner as proceedings against any other Respondent. In the event a formal petition is filed against an Area Division member, or the attorney member is placed on disability inactive status, (s)he will not be assigned to any future matters pending disposition of the proceeding. If a finding of misconduct or disability is made against an attorney Area Division member, (s)he will be removed from the Division in accordance with Section (d) of this Rule. (k) Procedure for Selection and Assignment of Area Division Members by the Director. The Director will select and assign Area Division Members as required by this rule from a roster of the members appointed by the chief justice. Added by SCO 176 dated February 26, 1974; amended by SCO 345 4 effective 4/1/1979; and rescinded and repromulgated by SCO 614 effective 1/1/1985; amended by SCO 962 effective 7/15/1989; by SCO 1082 effective 1/15/1992; by SCO 1244 effective 7/15/1996; by SCO 1451 effective 10/15/2001; by SCO 1809 effective 10/15/2013; and by SCO 1815 effective 4/15/2014