Also known as: partisans of a party · partisan
Written by attorneys — see sources below.
An arbitrator appointed to a multimember panel to advocate the interests of one party in the proceeding.
Pioneer Startups sued state officials claiming a new congressional map packed tech workers into one district to favor one political party. The district court dismissed the suit because the claim rested solely on partisan favoritism without a racial or population basis. The plaintiffs could not obtain federal judicial relief on that ground alone.
Prime Logistics selected Pedro Pacheco as its partisan of a party on a three-member arbitration panel resolving a contract dispute. After the panel issued its award, Pacheco represented Prime Logistics in related litigation. Rule 1.12(d) permitted the representation because Pacheco had served only as the designated partisan member.
Yes. The rule creates an express exception allowing the arbitrator selected as a partisan of a party in a multimember panel to represent that party later. The disqualification that otherwise applies to former arbitrators under Rule 1.12(a) does not attach in this limited situation.
Supporting sources
A partisan arbitrator is chosen by one party to advocate its interests on the panel. A neutral arbitrator serves without alignment to either side. Only the partisan role triggers the Rule 1.12(d) exception to later representation.
Supporting sources
Yes. The exception applies only when the lawyer served personally as the partisan member. Vicarious or supervisory involvement without direct participation does not qualify for the safe harbor.