Evidence and Burden of Proof

The proceedings had upon the applications need not be conducted according to technical rules relating to evidence and 53 ALASKA COURT RULES witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions; provided, however, that certified or duly authenticated copies of the record, including a transcript of testimony therein, of (a) any disciplinary proceeding against the lawyer of which the lawyer had notice conducted by the Alaska Bar Association or anybody authorized to conduct disciplinary proceedings against attorneys in any state or the District of Columbia. (b) any proceeding conducted pursuant to Rules 16, 28, 29, Alaska Bar Rules. (c) any proceeding resulting in the conviction of the lawyer of a crime, or (d) any contested civil action or special proceeding to which a lawyer is a party or in whose behalf the action is prosecuted or defended, may constitute sufficient evidence to support a finding. The applicant bears the burden of proof upon the issues of reimbursable loss and the extent thereof and all facts shall be established by a preponderance of the evidence. (Added by SCO 214 effective January 1, 1976; amended by SCO 1153 effective July 15, 1994) applicant of the date and time for a hearing on the application. (b) The Committee may delegate responsibility for holding a hearing to a subcommittee of one or more of its members. The subcommittee shall prepare a proposed report containing the information required by Rule 52(c), which shall be promptly considered by the Committee. The Committee shall (1) approve and adopt the proposed report, or (2) remand the proposed report to the same or a different subcommittee for the taking of further evidence or for preparation of a new proposed report, or (3) consider the matter de novo on the basis of the record made at hearing. (c) At the conclusion of the Committee’s consideration of an application pursuant to this Rule, it shall promptly make and transmit to the office of the Alaska Bar Association a report consisting of a brief statement of the proceedings had, clear and concise findings of fact adopted by the Committee a brief statement of its conclusions and a recommendation to the Board. (d) Upon receipt of the report, the Executive Director shall provide copies of it to the attorney or the attorney’s representative and the claimant. (e) Within twenty (20) days of receiving notice of the filing of the report with the Board, any party may file written objections to the report. (Added by SCO 214 effective January 1, 1976; amended by SCO 409 effective, nunc pro tunc, January 1, 1980; by SCO 722 effective December 15, 1986; by SCO 867 effective July 15, 1988; by SCO 1029 effective July 15, 1990; by SCO 1064 effective July 15, 1991; and by SCO 1153 effective July 15, 1994)