Stevens fights to keep state law license

In a written opposition to the Alaska Bar Association's request that his license be suspended here as well, Stevens said he was no danger to the public or to the reputation of the legal profession -- the long-term inactive status of his law license prevents him from practicing anyway.

If that weren't reason enough, Stevens asserted, there is no equivalent Alaska statute to the federal law that a Washington, D.C., jury found he violated, and therefore no grounds for Alaska to act against him. And though his felony conviction was for lying on official annual disclosures from 2000-2006, Stevens argued it was not a "serious" crime.

Stevens also argued the verdicts were unfair and the state Supreme Court should delay action on his license at least until his motion for a new trial is heard in February.

State bar rules direct the Alaska Supreme Court to issue an interim suspension when jury finds a licensed attorney guilty of a "serious crime."

Under similar rules, Stevens' license was suspended Monday in California and Thursday in the District of Columbia. He's been licensed to practice in those jurisdictions since 1951 and with the Alaska state bar since 1960.

The Alaska Bar sought the interim suspension of Stevens' license Oct. 30, three days after the Washington, D.C., jury returned with guilty verdicts on all seven counts of his indictment. On Oct. 31, Stevens asked the court to wait until he could prepare a response. That response was filed Dec. 5 by his Anchorage attorney, Tim McKeever. The bar has until next week to respond to McKeever.

McKeever said a suspension was "premature and unnecessary." Stevens "cannot presently practice law in Alaska, and even if he could, he has not been convicted of a serious crime warranting suspension." Because a lawyer on inactive status can't practice anyway until applying for reinstatement, suspending Stevens would be a "hollow gesture" that would serve only as a "public reprimand."

McKeever went on to challenge the idea that Stevens' crime fell under bar rules or that he has even been convicted.

If a lawyer is convicted outside of the state of Alaska, the rules call for an interim suspension if the crime would be a felony under Alaska law.

Stevens was convicted under federal law requiring senators to disclose personal finance information. McKeever argued that Alaska has no law requiring financial disclosure for members of Congress. What Stevens did was not even a crime in Alaska, he said, let alone a felony.

Alaska's disclosure laws govern only state and local officials, he said. While an Alaskan who lies on a state disclosure could be guilty of perjury, Stevens' conduct was different because the Senate disclosure document doesn't use the words "under penalty of perjury" in the signature block.

McKeever asserted that Stevens' conduct under Alaska law would at most be a "civil infraction" -- roughly equivalent to a traffic ticket.

Though the District of Columbia jury found Stevens guilty of concocting a scheme to avoid disclosing some $250,000 in gifts and services, mainly from the defunct oil-field service company Veco Corp., McKeever said Stevens "had nothing to gain by failing to disclose."

Alaska bar rules call for suspension as soon as an unfavorable jury verdict is rendered. McKeever said the verdict should not be considered "to have any legal force or effect" because the judge hasn't yet ruled on Stevens' challenges to it.

Under that theory, Stevens also hasn't been convicted, he said.

Find Richard Mauer online at adn.com/contact/rmauer or call 257-4345.