Rule 37 - Area Fee Dispute Resolution Divisions; Arbitration Panels; Single Arbitrators(a) Appointment of Area Division Members. Members of area fee dispute resolution divisions (hereinafter "area divisions") will be appointed by the president of the Bar (hereinafter "president") subject to ratification by the board. One area division will be established in each area defined in Rule 34(f). Each area division will consist of: (1) not less than six members in good standing of the Bar, each of whom maintains an office for the practice of law within the area of fee dispute resolution for which (s)he 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 fee dispute resolution for which (s)he is appointed, is a United States citizen, is at least twenty-one years of age, and is a resident of the state of Alaska. Area division members (hereinafter "arbitrators") will each serve a three-year term, with each term to commence on July 1st and expire on June 30th of the third year. A member whose term has expired prior to the disposition of a fee dispute matter to which (s)he 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. The president will appoint a replacement to fill the unexpired term of a member who resigns prior to the expiration of his or her term.
(b) Failure to Perform. The president has the power to remove an area division member for good cause. The president will appoint, subject to ratification by the board, a replacement attorney or public member to serve the balance of the term of the removed member. (c) Assignment of Arbitration Panel Members for Disputes in Excess of $5000.00. Bar Counsel will select and assign members of an area division to an arbitration panel (hereinafter "panel") of not less than two attorney members and one public member when the amount in dispute exceeds five thousand dollars. In addition, Bar Counsel will appoint an attorney member as chair of the panel. (d) Arbitration Panel Quorum. Three members of a panel created under Section (c) of this rule will constitute a quorum, one of whom will be a public member. The panel chair will vote except when an even number of panel members is sitting. Each panel will act only with the agreement of a majority of its voting members sitting on the matter before it. (e) Assignment of Single Arbitrator for Disputes of $5000.00 or Less. Bar Counsel will select and assign an attorney member of an area division to sit as a single arbitrator when the amount in dispute is five thousand dollars or less. (f) Conflict of Interest. An arbitrator will 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 either party to the dispute by blood or affinity in the third degree; (4) (s)he has been previously or is currently retained by either party as an attorney or has professionally counseled either party in any matter within two years preceding the filing of the petition for fee arbitration; or (5) (s)he believes that for any reason, (s)he cannot give a fair and impartial decision. (g) Challenges for Cause. Any challenge for cause of an arbitrator assigned to an arbitration must be made by either party within 10 days following notice of assignment to arbitration, unless new evidence is subsequently discovered which establishes grounds for challenge for cause. The challenge will be ruled upon by Bar Counsel. If Bar Counsel finds the challenge well taken a replacement arbitrator, if needed, will be appointed by Bar Counsel from the appropriate area division. (h) Peremptory Challenge. Within ten days of the notice of assignment to arbitration, either party may file one peremptory challenge. Bar Counsel will at once, and without requiring proof, relieve the challenged arbitrator of his or her obligation to participate and appoint a replacement, if needed, from the appropriate area division. (i) Powers and Duties of Arbitrators. In the conduct of arbitrations under these rules, arbitrators, sitting as a panel or a single arbitrator, will have the powers and duties to: (1) take and hear evidence pertaining to the proceeding; (2) swear witnesses, who will be examined under oath or affirmation on the request of any party to the dispute or by an arbitrator; (3) compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding, and consider challenges to the validity of subpoenas; (4) approve written requests for prehearing discovery upon a showing of good cause; (5) submit a written decision to Bar Counsel, in accordance with Rule 40; and (6) interpret and apply these rules insofar as they relate to their powers and duties. When a difference arises among panel members concerning the meaning or application of any rule, the matter will be decided by a majority vote. If that is unobtainable, the matter in question will be referred to the executive committee. (j) Panel Chair Duties Take Precedence. The powers and duties of arbitrators described in Section (i) of this rule accrue first to the arbitrator appointed chair of the panel and will be performed by the chair unless another panelist is designated by the chair to act in his or her stead or the chair determines that the full panel will consider and rule on the particular issues in question before it. The chair of a panel, or a single arbitrator, will preside at the arbitration hearing. (S)he will judge the relevancy and materiality of the evidence offered and will rule on all questions of evidence and procedure except as described in Section (i)(5) of this rule. Old Rule 37 [SCOs 176 and 2335 as amended by SCOs 245, 296, 334, 406 and 470 deleted] and new Rule 37 added by SCO 780 effective 3/15/1987; amended by SCO 962 effective 7/15/1989; by SCO 1147 effective 7/15/1994; and by SCO 1264 effective 7/15/1997