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PART I. ADMISSIONS
Rule 1. Board of Governors: General Powers Relating to Admissions.
Section 1. As used in Rules I-VIII:
(a) "Attorney applicant" means a person who has complied with the eligibility requirements of Rule 2, Section 2;
(b) "Bar examination" means the general or attorney's examinations which shall be offered to applicants for admission to the practice of law in Alaska;
(c) "Board" means the Board of Governors of the Alaska Bar Association;
(d) "Committee" means the Committee of Law Examiners appointed by the Board;
(e) "Executive Director" means the Executive Director of the Alaska Bar Association;
(f) "General applicant" means a person who has complied with the eligibility requirement of Rule 2, Section 1(a) through (f);
(g) "President" means the President of the Alaska Bar Association;
(h) "Receipt of written notice" means the delivery of a written notice personally to the addressee or by mail to the most current address which the addressee has provided to the Alaska Bar Association. Written notices shall be presumed to be received by the addressee five days after the postmark date of certified or registered mail sent to the most current address which the addressee has provided to the Alaska Bar Association.
Section 2. Only those persons who fulfill all requirements for admission as provided by these rules shall be admitted to the practice of law in the State of Alaska and shall be members of the Alaska Bar Association.
Section 3. The Board shall examine or provide by contract or otherwise for the examination of all applicants for admission to the practice of law and shall determine or approve the time, place, scope, form and content of all bar examinations.
Bar examinations may, in whole or in part, be prepared, administered and graded by or in cooperation with other states or the National Conference of Bar Examiners consistent with standards fixed or approved by the Board acting with the advice of the Committee of Law Examiners. No contract or cooperative agreement for the preparation, administration or grading of a bar examination shall operate to divest the Board of its authority (1) to cause the Committee to review any examination, and (2) independently to determine the eligibility of an applicant to be admitted to the practice of law. The Board or any member thereof may require an applicant to appear before the Board, a committee or a master appointed by the President for such purpose, at such times and places as may be required, for oral examination and to furnish any such supplemental information or evidence in such form as may be required.
Section 4. There shall be appointed a Committee of Law Examiners. The appointments shall be made by the President, subject to ratification by the Board. Except as specified in this rule, members of the Committee shall serve for three years and until their successors are appointed. The terms of the members of the Committee shall be staggered so that the terms of at least one-third of the members shall expire on June 30 of each year. Any person who has served on the Committee within the previous three years may serve as an alternate member in the event that one or more of the regular members is unable to participate in a portion of the grading process. The President shall appoint the Chairperson of the Committee, who shall act as Chairperson for one year commencing on July 1. The Chairperson may be reappointed to successive terms. The Chairperson shall designate alternate members to serve, as necessary.
(Amended by SCO 504(1) effective March 1, 1982)
Section 5. The Committee shall prepare and grade, or administer the bar examination. The Committee shall advise the Board concerning the preparation, grading or administration of bar examinations as from time to time directed by the Board. The Board shall furnish to the Committee clerical and other assistance as may be deemed necessary by the Board.
Section 6. A majority of the members of the Committee shall constitute a quorum for the transaction of business relating to admissions. Five members of the Board shall constitute a quorum for such business.
Section 7. Any member of the Board, upon application by the Executive Director or by a master appointed by the President, shall have the power to issue subpoenas for the attendance of witnesses, or for the production of documentary evidence before the Board or before anyone authorized to act in its behalf.
Section 8. A member of the Board or anyone authorized to act in its behalf shall have power to administer oaths and affirmations and to take testimony concerning the admission of an applicant or administration of this rule.
Section 9. Any person subpoenaed by the Board or its designee to appear or produce writings who refuses to appear, give testimony, or produce the matter subpoenaed is in contempt of the Board. A member of the Board may report a contempt of the Board to the Superior Court for the judicial District in which the proceeding is being conducted. The refusal or neglect of an applicant to respond to a subpoena or subpoena duces tecum shall constitute cause for abatement of further proceedings and dismissal of the application by order of the Board and costs may be assessed in the case of the applicant's contempt.
Section 10. On verified petition of the Executive Director or of an applicant, any member of the Board may order that the testimony of a material witness residing inside or outside the state be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set out (1) the name and address of the witness whose testimony is desired; (2) a showing of the materiality of the witness' testimony; (3) a showing that the witness will be unable or cannot be compelled to attend; and (4) a request for an order requiring the witness to appear and testify before an officer named in the petition for that purpose. If the witness resides outside the state and if a member of the Board orders the taking of the witness' testimony by deposition, the member of the Board shall obtain an order of court to that effect by filing a petition for the taking of the deposition in the superior court. The proceedings on this order shall be in accordance with provisions governing the taking of a deposition in the superior court in a civil action.
Section 11. (a) General Immunity. Members of the Board, members of the Committee, the Executive Director, Bar Counsel, and all Bar staff are immune from suit for conduct in the course and scope of their official duties as set forth in these rules.
(b) Witness Immunity. The Court or its designee may, in its discretion, grant immunity from criminal prosecution to witnesses in admissions proceedings upon application of the Board, Bar Counsel, the lawyer, or counsel for the lawyer, and after receiving the consent of the appropriate prosecuting authority.
(Added by SCO 161 effective immediately and amended by SCO 205 effective, nunc pro tunc, March 15, 1975; amended by SCO 285 effective September 22, 1977; by SCO 399 effective May 1, 1980; by SCO 400 effective, nunc pro tunc January 1, 1980; by SCO 504(1) effective March 1, 1982; by SCO 1153 effective July 15, 1994; by SCO 1174 effective July 15, 1995; and by SCO 1193 effective July 15, 1995)
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Last Modified 7/14/1999