Alaska Employment Law

U. S. District Judge Ralph Beistline has dismissed as “premature” the employees’ motion to disqualify defense counsel because he had conducted the internal investigation that preceded their lawsuit. 

Beistline ruled:

The Court agrees with Defendants that it is premature, under Alaska Rule of Professional Conduct 3.7, to require Mr. Evans to recuse himself. The rule clearly states that an attorney cannot act as an advocate at trial when he is a necessary witness. This matter is still in the discovery process. However, the Court also agrees that Defendants should not be permitted to stall this matter at a later date because Mr. Evans must recuse himself just prior to trial. Given that counsel for the City of Fairbanks has expressed a willingness to represent all Defendants in that circumstance, unnecessary delay at a later date is unlikely.

Accordingly, the Motion to Disqualify Joe Evans is DENIED without prejudice.

The motion practice may be found here.

This issue will be the subject of the January 7, 2009, meeting of the Employment Law Section of the Alaska Bar Association.  All counsel will participate in the discussion.

Order re Disqualification

Hutton v. City of Fairbanks, 4:08-cv-00029 RB (D.Alaska 12/17/08 Order)

Linda Johnson of Clapp Peterson in Anchorage represents the employees. Joe Evans of Bremerton, Washington, represents the individual supervisor-defendants. Howard Trickey and Matthew Singer of Jermain Dunnagan represent the City employer.