Also known as: partisans of a party · partisan
Written by attorneys · grounded in primary & secondary sources — see 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.
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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.
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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.
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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.
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