Criminal Conviction; Interim Suspension

(a) Interim Suspension for Criminal Conviction. Upon the filing with the Court of a certificate that an attorney has been convicted of a serious crime as defined in Section (b) of this Rule, the Court will issue an order directing the attorney to inform the Court within seven days from service of the order of any good cause why interim suspension should not be ordered. Unless good cause is shown, the Court will enter an order of interim suspension immediately suspending the attorney. The order of interim suspension will be entered whether the conviction resulted from a plea of guilty or nolo contendere, or from a verdict after trial, or otherwise, and regardless of the pendency of an appeal. The Court will notify the Bar and the attorney of the order placing the attorney on interim suspension. The order of interim suspension shall be effective immediately upon filing and entry and will continue in effect pending final disposition of the disciplinary proceeding initiated by reason of the conviction. (b) Definition of Serious Crime. The term “serious crime” shall include any crime which is or would be a felony in the State of Alaska and shall also include any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, corruption, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a “serious crime.” Willful failure to file an income tax return shall be considered a “serious crime” for purposes of Section (a) of this Rule. (c) Certificate of Conviction. A certificate of conviction for any crime will be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against an attorney based upon the conviction. The requirement of a certificate of conviction may be satisfied by a certificate from a clerk of court that an attorney has been convicted of a crime in that court, by a certified copy of a judgment of conviction or another court document evidencing the conviction, or by an affidavit establishing the fact of conviction which is also served on the attorney. A certificate of conviction may be filed (d) Duty to Report. The administrative director shall notify the Alaska Bar Association of cases in which an attorney is convicted of a crime. Upon request, the clerk of court shall provide the Association with a certified copy of the judgment of conviction. An attorney admitted to practice in Alaska shall also self-report his or her conviction of any crime to the Alaska Bar Association within 30 days of that conviction. (e) Interim Suspension for Threat of Irreparable Harm. Interim suspension will be imposed by the Court on a showing by Bar Counsel of conduct by an attorney that constitutes a substantial threat of irreparable harm to his or her clients or prospective clients or where there is a showing that the attorney’s conduct is causing great harm to the public by a continuing course of misconduct. The attorney may file an objection to the order of interim suspension within seven days after service of the order on the attorney. The Bar may file an opposition to the objection within seven days after service of the attorney’s objection. The Court will consider the objection and any opposition and may take such action as it deems warranted. (f) Reinstatement after Interim Suspension. An attorney suspended under Section (a) of this Rule may petition for reinstatement upon the filing of a certificate demonstrating that the underlying conviction for a serious crime has been reversed or set aside. The reinstatement will not terminate any formal proceeding then pending against the attorney, the disposition of which shall be determined by the Hearing Committee and the Board on the basis of the available evidence. (g) Proceedings Following Interim Suspension. Upon receipt of the certificate of conviction for a serious crime, the Court, in addition to suspending the attorney in accordance with Section (a) of this Rule, will refer the matter to Bar Counsel for the initiation of a formal proceeding before a Hearing Committee. The sole issue to be determined by the Hearing Committee will be the extent of the final discipline to be imposed; however, the matter will not be brought to hearing until all appeals from the conviction are concluded, unless the Respondent requests an earlier hearing. (h) Proceedings Following Conviction for Other Than Serious Crimes. Upon receipt of a certificate of conviction for a crime other than those described in Section (b) of this Rule, the Court may, in its discretion, refer the matter to Bar Counsel for whatever action (s)he deems warranted, including the possible initiation of a formal proceeding. (i) Proceedings Following Conviction of a Crime Relating to Alcohol or Drug Abuse; Interim Suspension for Noncompliance. (1) Upon receipt of a certificate of conviction of a crime relating to alcohol or drug abuse, other than a crime described in Section (b) of this Rule, the Court may, in its discretion, refer 28 ALASKA BAR RULES the matter to the Lawyers’ Assistance Committee of the Alaska Bar Association. (2) The convicted attorney shall meet with the Com- mittee. The Committee shall serve on the attorney in writing any recommendations for professional evaluation and pro- fessionally recommended treatment. The attorney shall comply with any recommendations of the Committee. All information received by the Committee shall remain confidential. The Com- mittee shall report to Bar Counsel once the matter has been concluded to the satisfaction of the Committee. (3) Reconsideration and Appeal. (A) The attorney may, within 10 days of service, ask for reconsideration by the Committee if the attorney presents new and material the Committee’s recommendations. The Committee will decide whether to reconsider the matter and shall issue a written decision either modifying or confirming its recommendations. information relevant to (B) The attorney may appeal any written decision or recommendations of the Committee to the Board within 10 days of service. If the attorney appeals, the Committee shall disclose to the Board, on a confidential basis, all relevant information received by the Committee. The Board, in its dis- cretion, may approve, disapprove or modify the recom- mendations. (C) The attorney may seek review of the Board’s decision by filing an appeal with the Court. Unless the attorney waives confidentiality in writing, the appeal, the attorney’s identity, and all relevant information received by the Committee shall remain confidential. The caption for the appeal should state: In the Matter of Attorney [NAME]. (4) In the event that the attorney does not meet with the Committee or comply with the Committee’s recommendations, the Committee shall serve on the attorney notice of the attorney’s failure to meet or comply with its recommendations and require the attorney to cure the deficiency within 10 days of service of the notice. If the attorney fails to cure the deficiency as required, the Committee shall make a confidential report to the Court regarding the attorney’s failure to meet or comply. The report shall disclose to the Court, on a confidential basis, all relevant information received by the Committee. The Court may order the attorney to show cause why the attorney should not be suspended from the practice of law until the attorney demonstrates to the Court that the deficiency is cured. (j) Interim Suspension, General Provisions. If interim suspension is imposed by the Court, the Court may appoint a trustee in accordance with Rule 31. In any case in which the disciplinary interim suspension has been ordered, proceedings will be diligently prosecuted. Interim suspension will terminate upon the final disposition of disciplinary proceedings, or upon the earlier entry of an order by the Court terminating interim suspension. (k) Notification. An attorney placed on interim suspension must comply with Rule 28 concerning notification of parties. (l) Conviction. Conviction for purposes of this rule occurs upon entry of a plea of guilty or no contest or upon entry of a finding or verdict of guilt. (Added by SCO 176 dated February 26, 1974; amended by SCO 345 § 18 effective April 1, 1979; and rescinded and repromulgated by SCO 614 effective January 1, 1985; amended by SCO 962 effective July 15, 1989; by SCO 1168 effective July 15, 1994; by SCO 1236 effective May 2, 1996; by SCO 1263 effective July 15, 1997; by SCO 1756 effective October 14, 2011; by SCO 1810 effective April 15, 2014; by SCO 1811 effective April 15, 2014; SCO 1904 effective October 15, 2017; and by SCO 1925 effective July 1, 2018)