Appeals; Review

of Bar Counsel Determinations. (a) Interlocutory Appeal. Only upon the conditions and subject to the Rules of Procedure set forth in Part IV of the Alaska Rules of Appellate Procedure may parties petition the Court for review of an interlocutory order, recommendation, or decision of (1) any member of any Area Division; (2) a Hearing Committee or a single member thereof; or (3) the Board or a single member thereof. (b) Admonition Not Appealable. A Respondent cannot appeal the imposition of a written private admonition. In accordance with Rule 22(d), (s)he may request initiation of formal proceedings before a Hearing Committee within 30 days of receipt of the admonition. (c) Appeal by Complainant from Bar Counsel’s Decision to Dismiss. A Complainant may appeal the decision of the Bar Counsel to dismiss a complaint within 15 days of receipt of notice of the dismissal. The Director will appoint a member of an Area Division of the appropriate area of jurisdiction to review the Complainant’s appeal. The appointed Area Division member may reverse the decision of Bar Counsel, additional the decision, or investigation. This Division member will be disqualified from any future consideration of the matter should formal proceedings be initiated. request affirm (d) Review of Bar Counsel’s Decision to File Formal Petition. A decision by Bar Counsel to initiate formal proceedings before a Hearing Committee will be reviewed by the Board Discipline Liaison prior to the filing of a formal petition. The Board Discipline Liaison will, within 20 days, approve, modify, or disapprove the filing of a petition, or order further investigation. (e) Appeal by Bar Counsel. Bar Counsel may appeal the decision made under Section (d) of this Rule within 10 days following receipt of the Board Discipline Liaison’s decision. The Director will designate an Area Division Member to hear this appeal. The decision of the Area Division Member will be final. (f) Appeal of Hearing Committee Findings, Conclusions, and Recommendation. Within 10 days of service of the Hearing Committee’s report to the Board, as set forth in Rule 22(1), the Respondent or Bar Counsel may appeal the findings of fact, conclusions of law, or recommendation by filing with the Board, and serving upon opposing party, a notice of appeal. Oral argument before the Board will be waived unless either Bar Counsel or Respondent requests argument as provided in Section (l) of Rule 22. (g) Respondent Appeal from Board Recommendation or Order. Respondent may appeal from a recommendation or order of the Board made under Rule 22(n) by filing a notice of appeal with the Court within 10 days of service of the Board’s 27 ALASKA COURT RULES recommendation or order. Part II of the Rules of Appellate Procedure will govern appeals filed under this Rule. with the Court by any clerk of court, Bar Counsel, the Board, or any District Attorney. (h) Bar Counsel Petition for Hearing of a Board Recommendation or Order. Bar Counsel may petition from a recommendation or order of the Board made under Rule 22(n) by filing a petition for hearing with the Court within 10 days of service of the Board’s recommendation or order. Part III of the Rules of Appellate Procedure will govern petitions filed under this Rule. (Added by SCO 176 dated February 26, 1974; amended by SCO 345 § 17 effective April 1, 1979; and rescinded and repromulgated by SCO 614 effective January 1, 1985; amended by SCO 658 effective March 15, 1986; by SCO 962 effective July 15, 1989; and by SCO 1082 effective January 15, 1992)