In re Moody

524 P.2d 1261, 1974 Alas. LEXIS 369
CourtAlaska Supreme Court
DecidedJuly 22, 1974
DocketNo. 2035
StatusPublished
Cited by1 cases

This text of 524 P.2d 1261 (In re Moody) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Moody, 524 P.2d 1261, 1974 Alas. LEXIS 369 (Ala. 1974).

Opinion

OPINION

Before RABINOWITZ, C. J., and CONNOR, ERWIN, BOOCHEVER and FRITZGERALD, JJ.

CONNOR, Justice.

The question presented in this petition for review is whether W. Michael Moody, petitioner herein, should be enrolled in the Alaska Bar Association as an inactive rather than an active member.

Petitioner applied for admission to the practice of law in 1972. Upon passing the bar examination, he was admitted to practice on October 20, 1972, by order of this court. Thereafter, he received a bill from the Alaska Bar Association for $225, representing the membership dues of an active member for one-half of the year 1972 and all of the year 1973. He replied promptly, enclosing a check for $20, the amount of inactive dues for a two-year period. He requested inactive membership for the reason that he was employed as a law clerk for the superior court and was, therefore, prohibited from engaging in the practice of law. The executive director of the Association rejected his request.

Petitioner obtained review by the Board of Governors of the Alaska Bar Association. The action of the executive director was affirmed. The Board’s findings and recommendations have been transmitted to this court. It is the Board’s recommendation that petitioner be suspended from membership in the Association, subject to reinstatement under the applicable rules governing reinstatement upon suspension for non-payment of dues. Petitioner now seeks relief from this court, under AS 08.-08.220,1 asserting that he should be properly enrolled as an inactive member of the bar. He argues that such relief should be granted because:

1. Judicial law clerks are not engaged in the practice of law as defined by Art. Ill, Sec. 2(c), of the Association’s by-laws. Therefore, he is eligible for inactive status;
2. If petitioner’s position is considered to come under the definition of the practice of law, such definition .is invalid as unreasonable, and the Board exceeded its authority under AS 08.-[1263]*126308.0802 in promulgating an unreasonable regulation;
3.The classification of a law clerk as an active member denies equal protection of the law to petitioner and all others similarly situated, as there is no rational basis for distinguishing him from those recognized as inactive by the Association.

Before dealing with the specific contentions on review, we think it will be helpful to set forth the general structure of the Alaska Bar Association. The Association is a creation and instrumentality of the state, AS 08.08.010.3 The Board of Governors of the Association is empowered, under AS 08.08.080(1), to adopt reasonable rules with regard to membership and classification of membership in the Alaska Bar; members may be classified as active, inactive and honorary.4 AS 08.08.020 provides that every person licensed to practice law in the state (except a judge of a court of record) is eligible for active membership in the Alaska Bar,5 while AS 08.08.210 provides that no person may engage in the private practice of law unless he is an active member of the Alaska Bar.6 Rule 2(d) of the court administrative rules precludes any employee of the Alaska court system from engaging directly or indirectly in the practice of law in any of the courts in the state,7 while Rule 4 of the Appellate Rules specifically forbids the private practice of law by a law clerk to a justice of the Supreme Court.8 Former Alaska Bar Rule II, § 7, states that successful applicants to the Association will be sworn in by the Supreme Court, after which the applicant is to pay the membership fee, if any, required of new members and shall be thereupon enrolled as an active member.9

[1264]*1264Section 2 of Article III of the Association by-laws (promulgated under AS 08.-08.080) sets forth the qualifications for inactive membership, while sections 3 and 4 detail how to change one’s status from active to inactive and vice versa, and section 5 enumerates the privileges of inactive membership.10

A decision of the questions presented for review involves the interpretation and interrelationship of these statutes and rules, as well as an examination of the functions of the Association and the inactive membership classification.

Art. Ill, Sec. 2(c), of the Association’s by-laws provides:

“Members who cease to practice law in the State of Alaska may apply for inactive membership to the Board of Governors. ‘Practice of law’ should be defined as holding a legal position with the State or Federal government or any judicial position with the State of Alaska.”

As was noted above, the Board is empowered to define “practice of law” under AS 08.08.080(7). Petitioner’s position is that his activities as a judicial law clerk do not fall under the definition found in this bylaw, maintaining that the position of clerk is neither a “legal position” nor a “judicial position.” The Board construed the term “legal position” to mean “a position in which the required services pertain to or deal with law . . . .”

While holding his position as a superior court law clerk, petitioner is prohibited from practicing law in the courts of this state by reason of Administrative Rule 2, which provides in part:

“During his term of office or employment, neither the administrative director nor any other employee of the Alaska court system shall engage directly or indirectly in the practice of law in any of the courts of this state.”

Petitioner asserts that the Board’s construction of by-law Art. Ill, Sec. 2(c), was unreasonable. He argues that the primary function of the Alaska Bar Association is to enforce proper ethical standards upon persons actually practicing law within the jurisdiction. Because petitioner cannot en[1265]*1265gage in the private practice of law, he argues that the primary reason for including him as an active member is absent. Petitioner’s position is that the other purposes which the Association serves are irrelevant in his case. For example, the Association may regulate the unauthorized practice of law, but as petitioner points out, in this respect, the Association’s duties would encompass petitioner as a member of the general public. The Association conducts programs for the education of the public and for the betterment of the legal system. But some persons are classified as inactive members, and their dues are apparently deemed sufficient to support the work of the Association. Thus, reasons petitioner, the work of the Association, other than possibly disciplining him for ethical infractions, is irrelevant to his situation.

The Board counters this by asserting that the organized Bar, to be effective, must include within its ranks all persons who have been admitted to practice and who are engaged in any form of professional employment in either the public or private sector. The Board also points to the need for adequate financing of its activities. Unless it can define and classify the categories of active and inactive membership, it may have to carry on its functions by imposing a greater burden on fewer members, which burden should properly be borne by the entire legal profession.

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524 P.2d 1261, 1974 Alas. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-moody-alaska-1974.