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					       Board of
2011   Governors
       Handbook
   1
201 BOARD OF GOVERNORS HANDBOOK

        BOARD OF GOVERNORS

                   1
                201 Board Meeting Schedule ..................................................................................2
                2012 Board Meeting Schedule .................................................................................4
                Board of Governors Members.....................................................................................5
                Board of Governors Staff Contacts ...........................................................................8
                Liaisons to the Board of Governors ..........................................................................9
                   1
                201 PLF Board of Directors ........................................................................................10
                Board Committees...........................................................................................................12
                Board Special Committees ..........................................................................................12
                Board Contacts .................................................................................................................13
                Limitation on Use of Mandatory Dues ...................................................................15
                Overview of Public Meetings Law ...........................................................................21
                Board Committee Descriptions ..................................................................................24
                Board and Officer Job Descriptions .........................................................................25
                Board Administrative Support.....................................................................................28
                Q & A ....................................................................................................................................31
                Commonly Used Abbreviations .................................................................................38
                Oregon State Bar Resources Directory ...................................................................40
                Rules, Policies & Regulations Manual......................................................................40


        OREGON STATE BAR OPERATIONS

                Oregon State Bar Bylaws ..............................................................................................41
                Oregon State Bar Presidents .......................................................................................76
                                                         1)
                Board of Governors Members List (2000-201 ..................................................78
                House of Delegates.........................................................................................................81
                OSB House of Delegates Rules of Procedure .......................................................84
                Oregon State Bar Organizational Chart ..................................................................87
                Oregon State Bar Departments and Staff Chart .................................................88




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201 Board of Governors Handbook                                                                                                                                1
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201 CALENDAR OF EVENTS
 JANUARY
January 4           Multnomah Bar Association Board           MBA Office
January 7           BOG Committee Meetings                    OSB Center
January 13          Legislative Tips Workshop*                OSB Center
January 13          Section Leader Conference                 OSB Center
January 15          State Professional Responsibility Board   OSB Center
January 28          Employee Appreciation Luncheon*           OSB Center

FEBRUARY
February 1          Multnomah Bar Association Board           MBA Office
February 9-15       NABE/NCBP/NCBF - Midyear Meeting          Atlanta, GA
February 11         State Professional Responsibility Board   Conference Call
February 18         Professional Liability Fund Board         Tigard
February 17         Lunch with Supreme Court                  Illahee Country Club
February 17         Local Bar and Legislative Reception       Salem Conf. Ctr. / Grand Hotel
February 18-19      Board and Committee Meetings              Salem Conf. Ctr. / Grand Hotel
February 22         CEJ 20th Annual Awards Luncheon*          Governor Hotel, Portland

MARCH
March 1             Multnomah Bar Association Board           MBA Office
March 10-11         ABA Bar Leader Institute                  Chicago, IL
March 12            State Professional Responsibility Board   OSB Center
March 18            BOG Committee Meetings                    OSB Center
March 18            50-Year Luncheon                          Tualatin Country Club
March 30- April 2   Western States Bar Conference             Maui, HI
APRIL
April 5             Multnomah Bar Association Board           Perkins Coie
April 12-14         ABA Day in Washington                     Washington, DC
April 15            State Professional Responsibility Board   Conference Call
April 20            CLP Legal Citizen of Year Award Dinner    Governor Hotel, Portland
April 21            Professional Liability Fund Board         Tigard
April 21            OSB / PLF Joint Dinner                    Red Star Tavern - Hotel Monaco
April 22-23         Board / PLF & Committee Meetings          OSB Center
MAY
May 3               Multnomah Bar Association Board           MBA Office
May 14              State Professional Responsibility Board   OSB Center
May 20              BOG Committee Meetings                    OSB Center
May TBD             New Admittees Swearing In Ceremony        Salem




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                                                                         201 Board of Governors Handbook
JUNE
June 1-4             National Conf. on Professional Responsibility    Memphis, TN
June 10              Professional Liability Fund Board                Ashland
June 10              State Professional Responsibility Board          Conference Call
June 24-25           Board and Committee Meetings                     OSB Center
June 24              BOG Alumni Dinner                                Gracie’s - Hotel deLuxe
JULY
July 11-15           HOD Regional Meetings                            Per Region
July 16              State Professional Responsibility Board          TBD - Offsite
July 29              BOG Committee Meetings                           OSB Center
AUGUST
August 4-9           NABE/NCBP/ABA - Annual Meeting                   Toronto, Canada
August 12            State Professional Responsibility Board          Conference Call
August 18            Professional Liability Fund Board                Gleneden Beach
August 25            Tribal Event and Local Bar Social                Pendleton
August 26-27         Board and Committee Meetings                     Pendleton
SEPTEMBER
September 6          Multnomah Bar Association Board                  MBA Office
September 13         HOD Resolution Deadline                          Received by OSB
September 17         State Professional Responsibility Board          OSB Center
September 23         BOG Committees & Special Meeting                 OSB Center
September 26-30 HOD Regional Meetings                                 Per Region
OCTOBER
October 4            Multnomah Bar Association Board                  MBA Office
October 7            Professional Liability Fund Board                Tigard
October 7            HOD Agenda Published                             Distributed by OSB
October 14           State Professional Responsibility Board          Conference Call
October 28           House of Delegates Meeting                       OSB Center
October TBD          New Admittees Swearing-In Ceremony               Salem
NOVEMBER
November 1           Multnomah Bar Association Board                  MBA Office
November 4           OSB Convocation on Equality*                     TBD
November 9           OSB Awards Luncheon                              Governor Hotel, Portland
November 17-19 Board Retreat & Board / Committee Meetings The Allison - Newberg
November 19          State Professional Responsibility Board          OSB Center
DECEMBER
December 6           Multnomah Bar Association Board                  MBA Office
December 9           Professional Liability Fund Board                Tigard
December 16          State Professional Responsibility Board          Conference Call
Oregon State Bar Board of Governors Meetings and Committee Meetings are in BOLD type.
* indicates events which OSB Board members are encouraged to attend
Other events announced as information is available

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201 Board of Governors Handbook                                                                  3
2012 CALENDAR OF EVENTS

JANUARY
January 6                  BOG Committee Meetings                          OSB Center
FEBRUARY
Feb. 1-7                   NABE/NCBP/ABA - Midyear Meeting                 New Orleans, LA
February 10-11             Board and Committee Meetings                    Salem
MARCH
March 16                   BOG Committee Meetings                          OSB Center
March 16                   50-Year Luncheon                                TBD
APRIL
April 17-19                ABA Day in Washington                           Washington, DC
April 27-28                Board and Committee Meetings with PLF           OSB Center
MAY
May 25                     BOG Committee Meetings                          OSB Center
May 25                     Past BOG Dinner                                 TBD
May 31-June 2              National Conf. On Professional Responsibility   Boston, MA
JUNE
June 22-23                 Board and Committee Meetings                    Ashland
JULY
July 27                    BOG Committee Meetings                          OSB Center
AUGUST
Aug. 2-7                   NABE/NCBP/ABA - Annual Meeting                  Chicago, IL
August 24-25               Board and Committee Meetings                    OSB Center
SEPTEMBER
September 28               BOG Special Meeting/Committee Meetings OSB Center
NOVEMBER
November 2                 House of Delegates Meeting                      OSB Center
November 8-10              Board Planning Retreat                          Cannon Beach




Oregon State Bar Board of Governors Meetings and Committee Meetings are in BOLD type.

*OSB Board members are encouraged to attend
Other events will be announced, as information is available.

For more ABA events: http://www.abanet.org/abanet/oc/abatoday/?gnav=global_calendar_lead


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                                                                            201 Board of Governors Handbook
BOARD OF GOVERNORS

TERM EXPIRING 2011                      REGION OTHER CONTACT INFORMATION
Gina Anne Johnnie                          6   Phone..............................Cell: 503-559-0908
Sherman, Sherman, Johnnie & Hoyt, LLP                Assistant ........................Mindy
693 Chemeketa St. NE Salem, OR 97301
Mailing: PO Box 2247, Salem, OR 97308
503-364-2281 x1  19
503-370-4308
gina@shermlaw.com
Christopher H. Kent                          5       Spouse............................Mary Kent
Kent & Johnson LLP                                   Phone..............................Cell: 971-678-4507
1500 SW Taylor St.                                   Assistant ........................Catherine Allen
Portland, OR 97205
503-220-07 17
Fax: 503-220-4299
ckent@kentlaw.com
Audrey T. Matsumonji                      Public     Phone..............................Cell: 503-702-4837
P.O. Box 1666                            Member
Gresham, OR 97030
503-492-0848
healingsun@frontier.com
Stephen V. Piucci                            5       Spouse............................Melissa Powers
900 SW 13th, Suite 200                               Fax ...................................503-288-6488
Portland, OR 97205                                   Cell ...................................503-201-8079
503-228-7385                                         Assistant ........................Corrie Fritsch or Bo Henderson
Fax:503-228-257 1
steve@piucci.com




TERM EXPIRING 2012                      REGION OTHER CONTACT INFORMATION
Barbara M. DiIaconi                        1   Phone............................Cell: 541-274-1044
Boivin, Uerlings & DiIaconi, P.C.                     Assistant ......................Jenny Pagan 541-884-8101
803 Main Street - Suite 201
Klamath Falls, OR 97601-6070
541-884-8101
Fax: 54 1-884-8498
bdiiaconi@riverbasinlaw.com
Ann L. Fisher                                4        Spouse..........................David DeBlasio
AF Legal & Consult Services                           Phone............................Cell: 503-341-0247
4800 SW Griffith Drive, Suite 125
Beaverton, OR 97005
Mailing: P.O. Box 25302
Portland, OR 97298-0302
503-721-0181
Fax: 503-291-1556
ann@annfisherlaw.com




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201 Board of Governors Handbook                                                                                         5
Michelle Castano Garcia             Public   Spouse.......................................... Michael E. Garcia
121 SW Morrison St.                Member    Phone............................................ Cell: 503-888-0083
Suite 1200
Portland, OR 97204
503-795-6461
michelle.c.garcia@ustrust.com
Mitzi M. Naucler                     3       Spouse.......................................... John Hartman
Legal Aid Services of Oregon                 Phone............................................ Cell: 503-910-0931
433 4th Ave SW
Albany, OR 97321
541-926-8678
Fax: 541-926-8919
mitzi.naucler@lasoregon.org
Steve D. Larson                      5       Spouse.......................................... Davia Larson
Stoll Berne                                  Phone............................................ Cell: 503-780-3507
209 SW Oak St., Suite 500                    Legal Assistant .......................... Danielle Cerdas
Portland, OR 97204
503-227-1600
Fax: 503-227-6840
slarson@ssbls.com




TERM EXPIRING 2013                 REGION OTHER CONTACT INFORMATION
Michael E. Haglund                    5
Haglund Kelley Horngren et al
200 SW Market Street, Suite 1777
Portland, OR 97201
503-225-0777
Fax: 503-225-1257
haglund@hk-law.com
Derek C. Johnson                     2       Spouse...................................... Lynette M. Williams
Johnson Clifton et al                                                                              1-5
                                             Phone........................................ Cell: 54 17-8909
975 Oak St., Suite 1050                      Legal Assistant ...................... Marilyn Heiken
Eugene, OR 97401                                                                           mheiken@jclslaw.com
541-484-2434
Fax: 541-484-0882
djohnson@jclslaw.com
Ethan D. Knight                      5       Spouse...................................... Elizabeth Knight
US Attorney’s Office                         Phone........................................ Cell: 503-789-4815
1000 SW 3rd Ave., Suite 600                  Legal Assistant ...................... Christine Pulsinelli
Portland, OR 97204
             1             1
503-727-104 Fax: 503-727-1 17
ethan.knight@usdoj.gov
Maureen Claire O’Connor             Public   Phone........................................ Cell: 503-577-6235
3800 NE 23rd Avenue                Member
Portland, OR 97212
503-281-1397
maureeno@sba.pdx.edu




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                                                                           201 Board of Governors Handbook
TERM EXPIRING 2014                  REGION     OTHER CONTACT INFORMATION
Jenifer S. Billman                    Public   Phone............................... 503-585-6572
1690 Saginaw St. S                   Member    Phone............................... Cell: 503-569-0764
Salem, OR 97302
503-569-0764
jeniferbillman@comcast.net
Hunter B. Emerick                      6       Spouse..............................Jill Emerick
Saalfeld Griggs PC                             Phone................................Cell: 503-881-8811
250 Church St. SE, Suite 300                   Assistant ..........................Tia Sandberg
P.O. Box 470                                                                        tsandberg@sglaw.com
Salem, OR 97308                                Phone................................503-399-1070 x327
503-399-1070 x339
Fax: 503-37 1-2927
hemerick@sglaw.com
Matthew H. Kehoe                       4       Spouse..............................Patricia Kehoe
Law Offices of Matthew Kehoe                   Phone................................Cell: 503-348-6001
330 NE Lincoln, Suite 200
P.O. Box 543
Hillsboro, OR 97123
503-648-0766
Fax: 503-648-0760
mkehoe1726@aol.com
Tom Kranovich                          7       Spouse..............................Cindy Schmoyer
Kranovich & Lucero, LLC                        Phone................................Cell: 503-201-0054
5 Centerpointe Dr., Suite 400                  Assistant ..........................Cindy
Lake Oswego, OR 97035                                                                cindy@tkatlaw.com
971-204-0260                                   Phone................................97 1-204-0264
Fax: 971-204-0261
tom@tkatlaw.com
Kenneth S. Mitchell- Phillips Sr.      5       Phone................................Cell: 503-317-4344
Kivel & Howard, LLP                            Assistant ..........................Carol Holter
 1
1 1 SW 5th Ave, Suite 1775                                                          Cholter@k-hlaw.com
Portland, OR 97204                             Phone................................503-802-4738
Mailing: PO Box 40044
Portland, OR 97240
503-802-4748
Fax: 503-802-4757
kmitchell-phillips@k-hlaw.com




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201 Board of Governors Handbook                                                                           7
BOARD OF GOVERNORS STAFF CONTACTS
Sylvia E. Stevens                   Spouse..........................................Alan Newbauer
Executive Director                  Phone............................................Cell: 503-349-0805
Oregon State Bar
16037 SW Upper Boones Ferry Road
P.O. Box 231935
Tigard, OR 97281-1935
503-431-6359 or 800-452-8260 x359
Fax: 503-598-6959
sstevens@osbar.org
Helen M. Hierschbiel                Spouse..........................................Stephen Owen
General Counsel                     Phone............................................Cell: 503-804-327  1
Oregon State Bar                    Administrative Assistant ........Cassandra Stich
16037 SW Upper Boones Ferry Road    Phone............................................503-431-6334 or 800-452-8260 x334
PO Box 231935                       Email .............................................cstich@osbar.org
Tigard, OR 97281
503-431-6361 or 800-452-8260 x361
Fax: 503-684-1366
hhierschbiel@osbar.org
Camille M. Greene                   Spouse..........................................Steve Greene
Executive Assistant                 Phone............................................Steve’s cell: 503-703-7476
Oregon State Bar                    Phone............................................Camille’s cell: 503-318-9057
16037 SW Upper Boones Ferry Road
P.O. Box 231935
Tigard, OR 97281-1935
503-431-6386 or 800-452-8260 x386
Fax: 503-598-6986
cgreene@osbar.org




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                                                                                      201 Board of Governors Handbook
LIAISONS TO THE BOARD OF GOVERNORS
2011 ABA State Delegate                       2011 PLF Board Liaisons

Mark Johnson – 2012 Term                      Frederick C. Ruby
Johnson & Lechman-Su PC                       Dept. of Justice Civil Enforc. Civil Recovery
 16
5 SE Morrison St #1200                        1162 Court St., N .E.
Portland, OR 97214                            Salem, Oregon 97301
503-224-1640 x222                             Phone: 503-947-4400
Fax: 503-224-0092                             Fax: 503-373-7067
markj@jrl-s.com                               fred.ruby@doj.state.or.us

2011 ABA Delegates                            William G. Carter
                                              221 Mariposa Terrace (Fed-Ex/UPS)
                         1
Marilyn J. Harbur – 201 Term                  Medford, Oregon 97504
DOJ GC Tax & Finance                          PO Box 70, Medford, OR 97501 (Regular Mail)
1162 Court St NE                              Cell Phone:541-944-0945
Salem, OR 97301                               Fax: 541-772-8600
503-947-4530                                  wilcar@aol.com
marilyn.harbur@state.or.us
                                              Valerie D. Fisher
                                      1
The Honorable Adrienne C. Nelson – 201 Term   Ater Wynne LLP
Circuit Court Judge                           1331 NW Lovejoy Street, Suite 900
Multnomah Co Courthouse                       Portland, Oregon 97209-3280
1021 SW 4th Ave                               Direct: 503-226-8434
Portland, OR 97204                            Fax: 503-226-0079
503-988-5047                                  Main: 503-226-1 191
adrienne.nelson@ojd.state.or.us               vdf@aterwynne.com

Christine M. Meadows – 2012 Term              Tim Martinez
Oregon Health Sciences University             Martinez & Sons
3181 SW Sam Jackson Park Rd.                  4927 Centurian Ct., S.
Mail Code MP 240                              Salem, Oregon 97302
Portland, OR 97239                            Bus: P.O. Box 174
503-494-8668                                  Salem, Oregon 97308-0174
Fax: 503-494-8810                             Bus: 503-581-2999
meadowsc@ohsu.edu                             Fax: 503-581-4 150
                                              govman56@mac.com
Ben Eder – 2012 Term
Thuemmel & Uhle
210 SW Morrison Street, Suite 600
Portland, OR 97204
503-227-4601
Fax: 503-273-8591
eder.ben@gmail.com

2011 ONLD Liaison

Tamara L Gledhill-Kessler
Advantage Professional Management
442 SW Umatilla Ave, Suite 200
Redmond, OR 97448
Phone: 54 1-504-3977
Fax: 541-504-3907
tamarak@advantagedental.com



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201 Board of Governors Handbook                                                               9
   1
201 PLF BOARD OF DIRECTORS
Professional Liability Fund, Suite 300, 16037 SW Upper Boones Ferry Road., Tigard, OR 97224
P.O. Box 231600, Tigard, OR 97281-1600
              1
503-639-691 or Toll Free in Oregon 1-800-452-1639
Cindy Hill (PLF Executive Assistant) Cell: 503-679-4703; cindyh@osbplf.org
PLF Email: [first name, first initial of last name @osbplf.org] (i.e., Ira Zarov = iraz@osbplf.org)

 TERM EXPIRES 2011                      REGION OTHER CONTACT INFORMATION
 •Frederick C. Ruby, Chair                2    Spouse/Significant Other .................. Susan F. Ruby
 Dept. of Justice Civil Enforc.                        Susan Phone ........................................... 503-64          1-7657
 Civil Recovery                                        Email .......................................................... fcruby@gmail.com
 1162 Court St., N .E.
 Salem, Oregon 97301
 Phone: 503-947-4400
 Fax: 503-373-7067
 Email: fred.ruby@doj.state.or.us
 Lisa Almasy Miller                          5         Spouse/Significant Other .................. Brad Miller
 Phone: 503-805-6988                                   Home Phone is Lisa’s Cell ................. 503-805-6988
 Fax: 503-658-7394                                     Brad’s Cell ................................................ 503-805-9607
 Email: lisa@millerarbitration.com                     Brad’s email ............................................. blsmiller3@comcast.net



 TERM EXPIRES 2012                      REGION OTHER CONTACT INFORMATION
 •William G. Carter, Vice Chair           3    Spouse/Significant Other .................. Barbara B. Carter
 221 Mariposa Terrace (Fed-Ex/UPS)                     Barbara Phone........................................ 54           1-772-8493
 Medford, Oregon 97504                                 Bill Cell....................................................... 541-944-0945
 PO Box 70, Medford, OR 97501                          Barbara Cell ............................................. 54      1-941-5291
 (Regular Mail)                                        (Barbara’s cell is rarely in use)
 Cell Phone:54 1-944-0945
 Fax: 541-772-8600
 Email: wilcar@aol.com
 •*Tim Martinez,                             6         Spouse/Significant Other .................. Lisa Martinez
 Secretary Treasurer                       Public      Phone......................................................... 503-581-21  18
 Martinez & Sons                          Member       Phone......................................................... Cell: 503-510-9019
 4927 Centurian Ct., S.
 Salem, Oregon 97302
 Bus: P.O. Box 174
 Salem, Oregon 97308-0174
 Bus: 503-581-2999
 Fax: 503-581-4 150
 Email: govman56@mac.com




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                                                                                                  201 Board of Governors Handbook
TERM EXPIRES 2013                   REGION OTHER CONTACT INFORMATION
Laura E. Rackner                      5    Spouse (Wk 503-228-6044) ........... Brad Stanford
Gearing Rackner & Engel, LLP                    Phone......................................................... 503-246-54 1  1
121 SW Morrison St., Suite 750                  Cell .............................................................. 503-804-5447 (Laura)
Portland, Oregon 97204-31 17                                                                                        503-804-5450 (Brad)
Bus: 503-222-91 16                              Secretary .................................................. Julia@gre-law.com
Fax: 503-222-91 18
Email: laura@gre-law.com and                    Please include Julia in all emails to Laura
Julia@gre-law.com
TERM EXPIRES 2014                   REGION OTHER CONTACT INFORMATION
•Valerie D. Fisher                    5    Spouse/Significant Other ......... Rod E. Lewis, Jr
Ater Wynne LLP                                  Home ................................................ 503-281-2655
1331 NW Lovejoy Street, Suite 900               Rod’s Cell ........................................ 503-329-5038
Portland, Oregon 97209-3280                     Valerie’s Cell ................................... 503-329-5037
Direct: 503-226-8434
Fax: 503-226-0079
Main: 503-226-1 191
Email: vdf@aterwynne.com
Guy B. Greco                             3      Spouse/Significant Other ......... Maria Crow
P.O. Box 1070                                   Home ................................................ 541-528-3436
 1
1 1 SE Douglas St., Suite C                     Maria’s Cell ..................................... 54   1-270-8050
Newport, Oregon 97365-0081                      Guy’s Cell......................................... 54  1-270-2043
Bus: 541-265-2801                                                                                     (Guy rarely uses cell phone)
Fax: 541-265-8106
Email: Greco@pioneer.net
TERM EXPIRES 2015                   REGION OTHER CONTACT INFORMATION
John A. Berge                         1    Spouse/Significant Other ......... Sandra K. Berge
Bryant Lovlien & Jarvis PC                      Home ................................................ 54     1-388-8879
591 SW Mill View Way                            Cell ..................................................... 541-550-0553 (John)
PO Box 880                                                                                                 541-408-4379 (Sandy)
Bend, Oregon 97709                              Sandy Work .................................... 54           1-548-2380
Bus: 541-382-4331
Fax: 541-389-3386
Email: berge@bljlawyers.com
*Valerie D. Saiki (retired)              6      Spouse/Significant Other ......... Clyde Saiki
2560 Skopil Ave., S.                  Public    Cell ..................................................... 503-569-3649 (Valerie)
Salem, Oregon 97302                  Member                                                                503-569-3526 (Clyde)
Cell: 503-569-3649                              Phone................................................ Clyde’s work 503-986-4399
No Fax
Email: vsaiki1@aol.com

* = Public Member   • = Liaison to BOG




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201 Board of Governors Handbook                                                                                                            11
BOARD OF GOVERNORS STANDING COMMITTEES
Access to Justice Committee                       Appointments Committee
Chair – Kenneth Mitchell-Phillips                 Chair – Barbara DiIaconi
Vice Chair – Gina Johnnie                         Vice Chair –Ethan Knight
Derek Johnson                                     Mitzi Naucler
Maureen O’Connor                                  Michelle Garcia
Hunter Emerick                                    Steve Larson
Tom Kranovich                                     Michael Haglund
Jenifer Billman                                   Matt Kehoe
Staff: Judith Baker                               Staff: Danielle Edwards

Budget and Finance Committee                      Member Services Committee
Chair – Chris Kent                                Chair – Gina Johnnie
Vice Chair – Steve Larson                         Vice Chair – Maureen O’Connor
Mitzi Naucler                                     Audrey Matsumonji
Michelle Garcia                                   Ann Fisher
Derek Johnson                                     Ethan Knight
Michael Haglund                                   Kenneth Mitchell-Phillips
Hunter Emerick                                    Matt Kehoe
Staff: Rod Wegener                                Staff: Kay Pulju

Policy and Governance Committee                   Public Affairs Committee
Chair – Mitzi Naucler                             Chair – Derek Johnson
Vice Chair – Michael Haglund                      Vice Chair – Audrey Matsumonji
Chris Kent                                        Gina Johnnie
Barbara DiIaconi                                  Maureen O’Connor
Michelle Garcia                                   Ethan Knight
Ann Fisher                                        Kenneth Mitchell-Phillips
Tom Kranovich                                     Hunter Emerick
Staff: Sylvia Stevens                             Staff: Susan Grabe


BOARD OF GOVERNORS SPECIAL COMMITTEES
Appellate Screening Special Committee             Public Member Selection Special Committee
Chair – Steve Larson                              Chair – Audrey Matsumonji
Vice Chair – Gina Johnnie                         Vice Chair – Mitzi Naucler
Audrey Matsumonji                                 Maureen O’Connor
Derek Johnson                                     Matt Kehoe
Hunter Emerick                                    Jenifer Billman
Jenifer Billman                                   Staff: Danielle Edwards
Staff: Susan Grabe

Executive Director Evaluation Special Committee
Chair – Michelle Garcia
Vice Chair – Chris Kent
Ann Fisher
Michael Haglund
Tom Kranovich
Staff: n/a




12                                                                       1
                                                                      201 Board of Governors Handbook
BOARD CONTACTS

        OREGON STATE BAR COMMITTEES

                Affirmative Action .......................................................................................... Audrey Matsumonji
                Client Security Fund ..................................................................................... Michael Haglund
                Federal Practice and Procedure ............................................................... Michael Haglund
                Judicial Administration ................................................................................ Derek Johnson
                Legal Services ................................................................................................. Tom Kranovich
                Legal Ethics Committee .............................................................................. Steve Larson
                Minimum Continuing Legal Education ................................................. Matt Kehoe
                Pro Bono ............................................................................................................ Jenifer Billman
                Procedure and Practice ............................................................................... Steve Larson
                Public Service Advisory............................................................................... Ann Fisher
                Quality of Life .................................................................................................. Barbara DiIaconi
                State Lawyers Assistance ........................................................................... Kenneth Mitchell-Phillips
                Uniform Jury Instructions - Civil............................................................... Hunter Emerick
                Uniform Jury Instructions - Criminal ...................................................... Ethan Knight
                Unlawful Practice of Law Committee .................................................... Barbara DiIaconi

        OREGON STATE BAR SECTIONS

                Administrative Law ........................................................................................ Matt Kehoe
                Admiralty ........................................................................................................... Mike Haglund
                Agricultural Law.............................................................................................. Kenneth Mitchell-Phillips
                Alternative Dispute Resolution ................................................................. Tom Kranovich
                Animal Law ...................................................................................................... Matt Kehoe
                Antitrust, Trade Regulation......................................................................... Ethan Knight
                Appellate Practice.......................................................................................... Hunter Emerick
                Aviation Law .................................................................................................... Derek Johnson
                Business Law ................................................................................................... Kenneth Mitchell-Phillips
                Business Litigation ........................................................................................ Chris Kent
                Civil Rights ........................................................................................................ Mitzi Naucler
                Computer and Internet Law....................................................................... Maureen O’Connor
                Constitutional Law......................................................................................... Chris Kent
                Construction Law........................................................................................... Gina Johnnie
                Consumer Law ................................................................................................ Gina Johnnie
                Corporate Counsel ....................................................................................... Barbara DiIaconi
                Criminal Law .................................................................................................... Ethan Knight

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201 Board of Governors Handbook                                                                                                                         13
          Debtor-Creditor ............................................................................................... Gina Johnnie
          Disability Law .................................................................................................. Audrey Matsumonji
          Diversity ............................................................................................................. Audrey Matsumonji
          Elder Law .......................................................................................................... Mitzi Naucler
          Energy, Telecom and Utility ...................................................................... Ann Fisher
          Environmental and National Resources ............................................... Michael Haglund
          Estate Planning and Administration ....................................................... Michelle Garcia
          Family Law ....................................................................................................... Tom Kranovich
          Government Law ............................................................................................ Jenifer Billman
          Health Law ....................................................................................................... Barbara DiIaconi
          Indian Law ........................................................................................................ Audrey Matsumonji
          Intellectual Property ..................................................................................... Maureen O’Connor
          International Law............................................................................................ Michael Haglund
          Juvenile Law .................................................................................................... Jenifer Billman
          Labor and Employment .............................................................................. Hunter Emerick
          Law Practice Management ........................................................................ Ann Fisher
          Litigation............................................................................................................ Steve Larson
          Products Liability ............................................................................................ Derek Johnson
          Real Estate and Land Use .......................................................................... Ken Mitchell-Phillips
          Securities Regulation.................................................................................... Steve Larson
          Sole and Small Firm Practitioners ........................................................... Tom Kranovich
          Sustainable Future ......................................................................................... Ethan Knight
          Taxation .............................................................................................................. Hunter Emerick
          Workers Compensation ............................................................................... Derek Johnson

     OREGON STATE BAR BOARDS

          LRAP ................................................................................................................... Maureen O’Connor
          Oregon Law Foundation ............................................................................. Mitzi Naucler
          Professional Liability Fund .......................................................................... Mitzi Naucler,
                                                                                                                 Ann Fisher,
                                                                                                                 Maureen O’Connor
          State Professional Responsibility Board ................................................ Barbara DiIaconi

     OTHER GROUPS
          Bar/Press/Broadcasters Council ............................................................. Ann Fisher
          Legal Heritage Committee ......................................................................... Tom Kranovich
          New Lawyers Division .................................................................................. Steve Larson



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LIMITATION ON USE OF MANDATORY DUES
                THE KELLER DECISION
                                                                          1
                         In Keller v. State Bar of California, 499 US 1,1 1 SCt 2228 (1990), the US
                         Supreme Court held that an integrated bar’s use of compulsory dues to finance
                         political and ideological activities violates the 1st Amendment rights of dis-
                         senting members when such expenditures are not “necessarily or reasonably
                         incurred” for the purpose of regulating the legal profession or improving the
                         quality of legal services.

                         The activities complained of by the petitioners (21 members of the bar) included
                         lobbying for or against state legislation,1 filing amicus briefs,2 holding an annual
                         conference of delegates at which resolutions were approved,3 and engaging in
                         a variety of educational programs. The California Supreme Court had rejected
                         the petitioners’ challenge, holding that the State Bar was a state agency and, as
                         such, could use the dues for any purpose within its broad authority.

                         The Supreme Court reversed, holding that the State Court’s determination as
                         to the bar’s status was not binding when the determination was essential to
                         the decision of a federal question. The Supreme Court found that the bar’s
                         role in governance of the legal profession was essentially advisory in nature,
                         since final authority to establish rules of conduct and discipline lawyers for
                         violating them rested with the State Court. The Supreme Court concluded
                         that the relationship between a state bar and its members was analogous to
                         that of a union and its members. The Court pointed to its decision in Abood
                         v. Detroit Bd. of Education, 431 US 209,97 SCt 1782 (1977), holding that the
                         use of compulsory union dues to express political views or advance ideological
                         causes not germane to the union’s collective-bargaining duties infringed on the
                         dissenting members’ constitutional rights.

                         Applying the Abood analysis to the California State Bar, and finding that the
                         “compelled association and integrated bar are justified by the State’s interest in
                         regulating the legal profession and improving the quality of legal services,4” the
                         Supreme Court held that the California State Bar could therefore constitution-
                         ally fund activities germane to those goals, but could not fund activities of an
                         ideological nature that fall outside of those areas. The Court recognized that it
                         was not drawing bright lines:



                         1   The legislation for or against which the bar lobbied covered such topics as compelling state employees
                             to take polygraph tests; prohibiting possession of armor-piercing ammunition; criminalizing the sale
                             or display of drug paraphernalia to minors; imposing life without parole on minors tried as adults and
                             convicted of murder; and creating an unlimited right of action to sue anyone causing air pollution.
                         2   The cases involved the constitutionality of a victim’s bill of rights; the power of the worker’s compensa-
                             tion board to discipline attorneys; and a requirement that attorney-public officials disclose the names of
                             clients.
                         3   The resolutions endorsed gun control; disapproved the statements of a senatorial candidate regard-
                             ing court review of a victim’s bill of rights; endorsed a nuclear weapons freeze initiative; and opposed
                             federal legislation limiting federal court jurisdiction over abortions, school prayer and busing.
                         4    The State Bar of California’s statutory mission is to promote “the improvement of the administration of
                             justice.”


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              The difficult question, of course, is to define the latter class of activities….
              Precisely where the line falls between those State Bar activities in which
              the officials and members of the Bar are acting essentially as professional
              advisers to those ultimately charged with regulation of the legal profession,
              on the one hand, and those activities having political or ideological color-
              ation which are not reasonably related to the advancement of such goals,
              on the other, will not always be easy to discern. 499 US 1 at 14. However,
              the Court suggested that the extreme ends of the spectrum are clear. Com-
              pulsory dues may not be spent to endorse a gun control or nuclear freeze
              initiative, but there is no basis to object to the use of dues for activities
              connected with lawyer discipline or the development of ethical codes for
              the profession.1


     THE PURPOSES OF THE OREGON STATE BAR
          ORS 9.080(1) charges the Board of Governors to “direct its power to the ad-
          vancement of the science of jurisprudence and the improvement of the admin-
          istration of justice.” 2 Article 1.2 of the OSB Bylaws describes the purposes of
          the OSB as:

              (A) We are a professional organization, promoting high standards of honor,
                  integrity, professional conduct, professional competence, learning and
                  public service among the members of the legal profession.

              (B) We are a provider of assistance to the public seeking to ensure the fair
                  administration of justice for all and the advancement of the science of
                  jurisprudence, and promoting respect for the law among the general
                  public.

              (C) We are a partner with the judicial system, seeking to ensure a spirit of
                  cooperation between the bench and the Bar.

              (D) We are a regulatory agency providing protection to the public, promot-
                  ing the competence and enforcing the ethical standards of lawyers.

              (E) We are leaders helping lawyers serve a diverse community.

              (F) We are advocates for access to justice.

          Pursuant to OSB Bylaw 12.1 the bar’s legislative and policy activities must be
          reasonably related to any of the following:

              1. regulating and disciplining lawyers;

              2. improving the functioning of the courts, including issues of judicial
                 independence, fairness, efficacy and efficiency;


          1    The case was remanded with instructions that the State Bar could remedy its problem by developing
              procedures for dissenting members to challenge expenditures.
          2    Webster’s Dictionary defines jurisprudence as the “philosophy of law or the formal science of law.”
              ‘The “administration of justice” has been defined in case law variously as the “systematic operation of
              the courts,’’ the “orderly resolution of cases,” the existence of a “fair and impartial tribunal,” and “the
              procedural functioning and substantive interest of a party in a proceeding.”’


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                                                                                 201 Board of Governors Handbook
                             3. making legal services available to society;

                             4. regulating lawyer trust accounts;

                             5. the education, ethics, competence, integrity and regulation of the legal
                                profession;

                             6. providing law improvement assistance to elected and appointed gov-
                                ernment officials;

                             7. issues involving the structure and organization of federal, state and lo-
                                cal courts in or affecting Oregon; issues involving the rules of practice,
                                procedure and evidence in federal, state or local courts in or affecting
                                Oregon; or

                             8. issues involving the duties and functions of judges and lawyers in
                                federal, state and local courts in or affecting Oregon.1


                POST-KELLER DEVELOPMENTS
                         Most of the cases involving the use of mandatory dues since Keller relate to
                         the challenge procedures established by state bars in the wake of Keller. There
                         are a few cases, however, that offer some guidance in determining what are
                         proper expenditures.

                                                                              1
                         A. Schneider v. Colegio de Abogados de Puerto Rico, 9 7 F2d 620 (1st Cir. 1990).

                         This was a case brought by five members of the Colegio who objected to their
                         dues being used to espouse views and support causes which they contended
                         were controversial and far removed from the concerns of lawyers, including
                         supporting the Sandinista Front for National Liberation in Nicaragua, opposing
                         the draft, and amending Puerto Rico’s election laws. The Colegio argued that
                         these activities were permissible under its articulated purposes, which included
                         “the creation of a strongly pluralistic society” and “contributing to the better-
                         ment of the administration of justice.”

                         The 1st Circuit rejected this as too broad a definition of the Colegio’s purposes
                         to justify mandatory financial support. Instead, it endorsed the district court’s
                         list of permissible purposes for which financial support may be compelled:
                         monitoring attorney discipline, ensuring attorney competence, increasing the
                         availability of legal services and improving court operations. Activities that
                         promote one or more of those purposes could include continuing legal educa-
                         tion, legal aid services, public education on substantive areas of law, and public
                         commentary on such matters as rules of evidence and attorney advertising.
                         The 1st Circuit recognized that these purposes revolve around the “role of the
                         lawyer as lawyer, rather than relying on the lawyer’s more generic role as an
                         informed and perhaps influential member of a complex society.”


                         1    Prior to 2003, numbers 1-5 were articulated in former BOG Policy 1    1.800(A). A sixth category was
                             “other activities where the issue is recognized as being of great public interest, lawyers are especially
                             suited by their training and experience to evaluate and explain the issue; and the subject matter affects
                             the rights of those likely to come in contact with the judicial system.”


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     The 1st Circuit then went further, finding that the district court’s list fell at the
     extreme end of the spectrum of permissible activities and that neither Keller nor
     any of the union cases that begot Keller required such a narrow interpretation
     of “germane” activities that could be funded with mandatory dues. Lobbying is
     permissible on “target issues…narrowly limited to regulating the legal profession
     or improving the quality of legal service” such as appropriations for new judicial
     positions, increased salaries for government attorneys, certification of legal
     specialists, or restrictions on lawyer advertising. Participation in efforts to amend
     technical, non-ideological aspects of the substantive law is also a permissible
     use of mandatory dues. By contrast, mandatory dues could not be used to lobby
     upon “partisan political views rather than on lawyerly concerns” such as the legal
     status of Puerto Rico, promotion of no-fault insurance, endorsement of pro-life
     amendments to the constitution or support for the death penalty.1

     The court also cautioned against mixing permissible and impermissible activities:

         “[W]here the permissible and impermissible are intertwined beyond separa-
         tion, the objector should be entitled to a full rebate for the cost of the
         function.”

     B. The Florida Bar v. Frankel, 581 So2d 1294 (Fla. 1991).

     In 1989, in The Florida Bar v. Schwarz, 552 So2d 1094 (Fla. 1989), the
     Florida Supreme Court adopted guidelines for the Florida bar’s lobbying. The
     guidelines were essentially identical to those in former OSB Policy 1    1.800(A).2
     The first five subject areas (regulation of attorneys, improving the functioning
     of the courts, increasing the availability of legal services, regulating attorney
     trust accounts, and education and competence of the legal profession) were
     determined to fall clearly within the bar’s mission relating to the administration
     of justice and the advancement of the science of jurisprudence. Florida’s sixth
     category (other issues of great public interest about which lawyers are espe-
     cially suited to evaluate and explain, and which affect the rights of those likely
     to come into contact with the judicial system) was justified as consistent with
     the purposes of an integrated bar.3 When the guidelines were adopted, the
     court commented:

         It appears that the bar has an obligation, grounded upon the mandate of
         the integration rule setting forth the Bar’s very purpose for existence, to
         speak out on appropriate issues concerning the court and the administra-
         tion of justice and advise the legislative and executive branches of govern-
         ment of its collective wisdom with respect to these matters.

     Two years later, in Frankel, the Florida court was called upon to apply the guide

     1    Looking to the specific complaints of the plaintiffs, the court found that the Colegio’s involvement
         in the following activities was outside the narrow categories for which financial support could be
         compelled: studying the constitutional development of Puerto Rico and issuing a report on procedures
         for decolonization; developing a code of ethics to regulate public debate by political candidates; and
         nuclear disarmament.
     2    See fn. 7.
     3    At the time Schwarz was decided, Keller was pending before the United States Supreme Court. The
         Florida court noted the position taken by the California Supreme Court in Keller and concluded it was
         not authorizing such broad legislative authority (as was eventually limited by the US Supreme Court).


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                                                                         201 Board of Governors Handbook
                         lines it adopted in Schwarz. A bar member challenged the bar’s adoption of
                         a lobbying position supporting various legislative measures involving children,
                         including expansion of the WIC program, extending Medicaid coverage for
                         pregnant women, development of sex education and teen pregnancy prevention
                         programs, increasing AFDC payments, and enhancing child care funding and
                         standards.1’’ The court held that the challenged lobbying positions did not fall
                         within the first five areas “which clearly justify bar lobbying activities.”

                         The court also rejected Frankel’s claim that the additional Schwarz criteria
                         were inconsistent with the US Supreme Court’s decision in Keller, holding
                         that the additional criteria were relevant to the bar’s purpose of improving the
                         administration of justice and advancing the science of jurisprudence. The court
                         concluded that there is no measurable difference between allowing lobbying
                         for the purpose of regulating the profession or improving the quality of legal
                         services, and allowing lobbying for the purpose of improving the administration
                         of justice or advancing the science of jurisprudence.

                         Applying the Florida bar’s lobbying criteria for “other issues,” the court agreed
                         that children’s issues are of great public interest, but disagreed that lawyers are
                         especially suited to evaluate and explain the issues. “The merit of the position
                         or the unanimity in its support is not the standard by which to determine the
                         propriety of bar lobbying activities on that position.”

                         C. Popejoy v. New Mexico Bd. of Bar Comm’rs, 887 FSupp 1422 (D. N.M. 1995).

                         New Mexico bar members objected to certain expenditures for construction of
                         the State Bar Center, creation of a task force to assist Gulf War military person-
                         nel and their families, and lobbying.2 The court upheld the bar’s expenditures
                         in each area. The Bar Center construction did not infringe the 1st Amendment
                         rights of the dissenters beyond that already countenanced by permitting a
                         mandatory bar. It had no communicative value and expressed no ideological or
                         political viewpoint and did not “implicate the core 1st Amendment principle of
                         preventing compelled ideological conformity.” Providing educational informa-
                         tion to members and pro bono legal services to military personnel in relation to
                         deployment for Operation Desert Storm enabled lawyers to better serve their
                         affected clients and improved the quality of legal services available to a seg-
                         ment of the public. All of the lobbying activities were found to either improve
                         the courts of New Mexico, the lawyers who served them, or the people served
                         by them, thus improving the delivery of legal services.

                         In reviewing the criteria used to determine if challenged activities are permis-
                         sible, the court cautioned:


                         1    The bar also supported the following lobbying positions to which no objection was made: creation of
                             family court divisions,; termination of parental rights when infants are exposed to cocaine; appointment
                             of guardians ad litem in divorce and custody cases; and development of juvenile offender rehabilitation
                             and treatment programs.
                         2    The lobbying activities at issue included support of the following: funding for three new appellate
                             judges and judicial staff salary increases; changing the compensation packages for state-employed law-
                             yers and their staff; and increased funding for court-appointed representation in child abuse and neglect
                             cases.


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             All other things being equal, an expenditure with a strong political or
             ideological coloration is less likely to be germane to the practice of law,
             less likely to be related to or justified by the state’s interest in regulating the
             legal profession or improving the quality of legal services, and more likely
             to add to the existing burden of First Amendment rights.

         However, the court agreed that even activities possessing communicative
         content of a political or ideological nature may be reasonably related to the
         practice of law, to the regulation of the legal system, or to the improvement of
         legal services:

             It is impossible to allow mandatory state bars to purse such broad objec-
             tives as regulating the legal profession or improving the delivery of legal
             services (or to permit activities that are ‘germane to the practice of law’),
             without at the same time approving of activities that will inevitably carry
             some ideological or political baggage... [C]ompulsory financial support of
             some activities with at least a modicum of ideological content is inevitable.


     SUMMARY
         The “rule” of Keller is quite simple: mandatory dues cannot be used to advance
         political or ideological positions that are not germane to the bar’s purposes.
         Keller identifies the purposes of the integrated bar as regulating the legal
         profession and improving the quality of legal services; other decisions describe
         the purposes of a mandatory bar to include advancing the science of jurispru-
         dence and improving the administration of justice.

         The challenge is in applying the Keller standard to specific activities and issues.
         Existing case law does not provide perfect or complete guidance. Some things
         are clear, however:

         •	 Keller is not a rule of prohibition. It does not prohibit the advocacy of purely
            political or ideological positions that are not germane to the bar’s purposes.

         •	 Keller requires that members who disagree with non-germane activities
            must have a process for challenging the use of their dues for those ac-
            tivities and are entitled to demand a refund of the portion of their dues
            expended on those activities.

         • The use of mandatory dues for activities that have a political or ideologi-
           cal element or nature is not a per se violation of Keller if the activities are
           reasonably related to the bar’s purposes.




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OVERVIEW OF PUBLIC MEETINGS LAW
                         The Oregon State Bar is subject to the Public Meetings Law (ORS 192.610 to
                         192.690 ) by virtue of ORS 9.010(1). The Public Meetings Law gives effect
                         to Oregon’s policy of open decision-making by the state’s public bodies; in
                         furtherance of that policy, the law requires that meetings at which decisions
                         about the public’s business is made are open to the public; that the public has
                         reasonable notice of the time, place, and agenda for the meetings; and that the
                         meetings be accessible to persons wishing to attend.

                         The Public Meetings Law applies to all meetings of a quorum of the Board of
                         Governors. It also applies to meetings of the board’s standing and other com-
                         mittees for which a quorum is required to make a decision or recommendation
                         to the board or to deliberate toward a decision or recommendation .

                         The Public Meetings Law is a public attendance law, not a public participation
                         law. The right of the public to attend does not include the right to participate
                         by giving testimony or comment.


                VOTING
                         All official action must be taken by a public vote. The vote of each member
                         must be recorded if the vote is not unanimous. If written ballots are used, each
                         ballot must identify the member voting and the vote must be announced. To
                         constitute a quorum, 2/3 (12) of the members of the BOG must be in atten-
                         dance. ORS 9.080(3)


                MINUTES
                         Minutes must be kept of all public meetings, either in writing or by sound,
                         video, or digital recording. The minutes must include at least the following:

                         The names of members present, motions, and other proposals offered, and
                         their disposition; the results of all votes and the vote of each member by name;
                         the substance of the discussion on any matter (a true reflection of the matters
                         discussed and the views of the participants); and a reference to any document
                         discussed at the meeting.

                         Minutes are public records even before they are approved, although they can
                         be marked as “draft” or otherwise to indicate their status.


                EXECUTIVE AND EXEMPT SESSIONS
                         An executive or “closed” session is a public meeting that is closed to certain
                         persons while the public body deliberates on certain matters. Certain meet-
                         ings and proceedings are exempt from the Public Meetings Law altogether,
                         and include judicial proceedings and meetings of the State Lawyers Assistance
                         Committee. Executive sessions must comply with all applicable provisions of
                         the Public Meetings Law, while exempt proceedings need not.



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          The Public Meetings Law allows for executive session in a variety of circumstanc-
          es. Those that typically apply to the bar are sessions to consider the employment
          of specific candidates for executive director, deliberate with agents designated
          to negotiate real property transactions for the bar, discuss the contents of any
          public record that is exempt from disclosure, consult with legal counsel concern-
          ing the bar’s rights and duties in pending or anticipated litigation, and review and
          evaluate the performance of the executive director. Regardless of the basis for
          the executive session, the board or other body must return to open session to
          take any final action or make a final decision.

          The Public Meetings Law does not define “final action” or “final decision,” but
          the fact that further action or further decisions may be needed does not make
          any particular action or decision less final. Two factors are relevant in deter-
          mining whether an action is final: The nature of the proposed decision and
          the purpose of the statutory authorization for executive session. A decision to
          spend money is rarely appropriate for executive session. When the finality of a
          decision is less clear, consideration should also be given to the rationale for the
          executive session and whether a public announcement of the proposed deci-
          sions will frustrate the policy behind the executive session or seriously com-
          promise further action that must be taken. When in doubt, prudence suggests
          making the action or decision in open session.


     CONVENING AN EXECUTIVE SESSION
          An executive session may be called during any regularly scheduled, special, or
          emergency meeting for which due notice has been given. When the body is
          ready for executive session, the presiding officer must announce the statutory
          authority for the executive session prior to going into executive session. The
          announcement should identify any persons other than news media who may
          remain and, if final action is anticipated, when the open session will resume.
          If media are present, the presiding officer should indicate any matters to be
          discussed in executive session that may not be disclosed.


     ATTENDANCE AT EXECUTIVE SESSION
          The Public Meetings Law expressly permits representatives of the media to
          attend executive sessions, as it offers them background information that will
          enhance their understanding of the final decisions and their ability to keep the
          public better informed. However, the public body may require that the media
          not report specific information discussed during the executive session. Absent
          such a directive, the media is entitled to report without limitation, which may
          frustrate the purpose of having the executive session. At the same time, the
          nondisclosure requirement should be no broader than necessary to serve the
          body’s needs. The media cannot, in any event, be forbidden from reporting the
          general nature of the discussion or the statutory basis for the executive session.

          “Representative of the media” is not defined in the Public Meetings Law but is
          interpreted by the Attorney General to mean reporters of media that generally
          report on the activities of the body or matter of the nature under consideration.



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                                                               201 Board of Governors Handbook
                         Other than representatives of media, executive session are generally closed
                         to all but members of the governing body and persons reporting to the body
                         about the subject of the executive session or who are otherwise involved in
                         the matter. The governing body may, however, invite others to attend without
                         losing the executive character of the session.


                EFFECT OF VIOLATION
                         A person who is affected by any decision made in contravention of the Public
                         Meetings Law may seek injunctive or declaratory relief to require compliance
                         with or prevent violations of the law. Improperly taken actions are not void, but
                         if a court finds that the violation resulted from intentional disregard of the law
                         or willful misconduct by a quorum of the body, the court may void the decision
                         if no other equitable relief is available. At the court’s discretion, a successful
                         plaintiff may be awarded attorney fees and costs. Those attorney fees and
                         costs will be the personal obligation of any member who is found to have
                         engaged in willful misconduct.

                         If the violation is also a violation of the Government Standards and Practices Act,
                         civil penalties may also be assessed against individual members of the governing
                         body, unless they acted on the advice of the public body’s legal counsel.




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BOARD STANDING AND SPECIAL COMMITTEES DESCRIPTIONS

        ACCESS TO JUSTICE COMMITTEE
             The purpose of this standing committee is to advise the BOG on issues that
             will improve the public’s access to the judicial system. Barriers it considers may
             involve issues of income, education, race, gender, or other. This committee is
             the board’s interface with the Campaign for Equal Justice and the bar’s Legal
             Services Program. It helps plan a periodic Access to Justice Conference.


        APPELLATE SCREENING SPECIAL COMMITTEE
             This special committee serves as the Judicial Selection Committee specified in
             Bar Bylaw 2.703, which makes a recommendation to the Governor for appel-
             late court vacancies.


        APPOINTMENTS COMMITTEE
             This standing committee recommends appointments to Oregon State Bar com-
             mittees, councils, and boards for approval by the BOG. Committee members are
             asked to ensure diversity, use the Oregon State Bar Volunteer Opportunity Form
             responses when possible, encourage appointments of members who have not
             previously participated, and solicit qualified public members as needed.


        BUDGET AND FINANCE COMMITTEE
             The Budget and Finance Committee is a standing committee that provides
             oversight to the bar’s financial operations including recommending annual
             budgets and fee assessments to the board. It is responsible for long-range
             forecasts, for operating expenses, and for capital purchases, as well as reserve
             policies. It receives the bar’s biennial audit for presentation to the full board.


        EXECUTIVE DIRECTOR EVALUATION SPECIAL COMMITTEE
             This special committee is responsible for conducting the annual evaluation
             of the executive director and presenting its recommendations to the Board
             of Governors as needed, this committee also serves as the executive director
             search committee.


        MEMBER SERVICES COMMITTEE
             The Member Services Committee, formed in 2004, is a standing committee
             designed to examine communications, improve outreach, and to enhance ser-
             vices to the bar’s members. The committee works closely with the Oregon New
             Lawyers Division (ONLD).




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                                                                 201 Board of Governors Handbook
                POLICY AND GOVERNANCE COMMITTEE
                         This standing committee recommends policies concerning the organization and
                         structure of the bar, the board, bar programs, and other related matters. It also
                         recommends charges for bar committees to the full board on an annual basis.
                         The Policy and Governance Committee works with the Budget and Finance Com-
                         mittee on financial issues that have policy or programmatic impact.


                PUBLIC AFFAIRS COMMITTEE
                         This standing committee oversees the bar’s governmental relations program.
                         It works with staff to keep the board abreast of legislative developments, to
                         make recommendations to the board regarding legislative action and priorities,
                         and to monitor legislative activity. Members may be asked to work directly with
                         legislators on key board policy items.


                PUBLIC MEMBER SELECTION SPECIAL COMMITTEE
                         This special committee reviews applications submitted by members of the
                         public for appointments to the Board of Governors, House of Delegates, and
                         other Oregon State Bar groups having public members; conducts interviews
                         with suitable candidates; and makes recommendations to the Board of Gover-
                         nors for final selection.


BOARD AND OFFICER JOB DESCRIPTIONS

                PRESIDENT OF THE BAR
                         The board president directs the activities of the board and its decision-making
                         process. Specifically, the president:

                         1. Leads the board in the execution of the bar’s strategic planning process by
                            leading and inspiring the board to create a plan that meets the needs of
                            the organization and its members over the next five years.

                         2. Facilitates communication between the board and the executive director;
                            educates board members about the chain of command and procedures for
                            board business; ensures communication and debate are constructive and
                            result in quality decision-making; and speaks for the board to the legal and
                            other communities.

                         3. Inspires the board by encouraging and motivating board members to be
                            knowledgeable and effective in their roles; knows the board members and
                            their skills; and appoints them to appropriate committees and as liaisons to
                            other groups.

                         4. Ensures that the board is organized and productive by ensuring that
                            members have sufficient information to make appropriate decisions and by
                            encouraging members to set aside personal agendas in favor of the overall
                            good of the organization.


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201 Board of Governors Handbook                                                                        25
          5. Facilitates board decision-making by including all members in discussions,
             keeping discussions focused, knowing when to refer a question to a com-
             mittee for further study, recognizing when to take a break between the
             debate and the decision process, and determining when to end debate and
             take the vote.

          6. Solves problems by recognizing, bringing to the table, and discussing prob-
             lems so the board can facilitate constructive solutions and can successfully
             accomplish its mission.

          7. Directs board activities by ensuring that meetings start on time, progress
             smoothly, accomplish the business set forth in the meeting agenda, and
             end on time.

          8. Serves as a key spokesperson for the bar organization and membership in
             contacting governmental agencies, the judiciary, other bar associations,
             and the press and broadcast media.


     PRESIDENT-ELECT OF THE BAR
          The president-elect performs the duties of the president in the absence of the
          president and such other duties as may be directed by the Board of Governors.
          The president-elect sets the meeting schedule for the year he/she is president
          and oversees plans and presentations for the BOG annual fall retreat.


     VICE-PRESIDENT OF THE BAR

          All BOG members in the fourth year of their terms (except the president) serve
          as vice-presidents. The role of vice-presidents is generally to support the presi-
          dent and to oversee projects as assigned.

     MEMBERS OF THE BOARD
          The job of board members is to be policy-makers for the organization. The
          board establishes policies and then observes, interprets, and evaluates how
          well the executive director carries them out and accomplishes the mission of
          the organization.

          1. With other board members, each board member:

              (a) Evaluates whether the needs of the organization’s members
                  are being met.

              (b) Sets and supports policies and goals for the organization.

              (c) Develops a long-range plan for the bar, revisiting it annually for
                  appropriate adjustment.

              (d) Measures the bar’s progress toward its long-range goal by monitoring
                  the board’s activities to ensure they support the direction established in
                  the long-range plan.


26                                                               1
                                                              201 Board of Governors Handbook
                             (e) Ensures that the bar has adequate finances, approve the annual bud-
                                 get, monitor the bar’s financial condition, and review the outside audit.

                             (f) Appoints, actively supports, and works in partnership with, the execu-
                                 tive director, providing information and clear direction and evaluating
                                 the executive director’s performance in carrying out the board’s direc-
                                 tives and goals to best serve the membership and public.

                         2. As an individual, each board member

                             (a) Stays informed about board matters by reading agendas and exhibits
                                 prior to meetings, requesting additional information from staff as
                                 desired, and preparing for discussion and debate.

                             (b) Attends all meetings (except in emergencies) and participates actively,
                                 including serving on committees and task forces as assigned.

                             (c) Represents all members of the bar, while protecting the interest of
                                 the public.

                             (d) Serves as an advocate for the bar within the legal and other communi-
                                 ties, including sharing information with state and local government
                                 officials, communicating with bar members, and participating in public
                                 relations functions as described in Board of Governors policies.

                             (e) Communicates with membership in the represented region regarding
                                 issues, decisions, and activities.

                             (f) Serves as liaison to sections and membership committees, attending
                                 occasional meetings, maintaining contact with group leaders, acting as
                                 a resource for bar and Board of Governors policies affecting the group
                                 and its activities, and reporting to the board regarding the group’s
                                 activities and plans.

                             (g) Avoids speaking publicly in opposition to positions taken by the Board
                                 of Governors.


                EXECUTIVE DIRECTOR
                         The executive director is appointed by the Board of Governors as chief execu-
                         tive officer, to manage the affairs of the Oregon State Bar, and is directly
                         responsible to the board for the proper operation of the bar. In that capacity
                         the executive director:

                         1. Has authority to establish the appropriate organizational structure of staff
                            to best accomplish the approved goals, programs, and policies of the bar.

                         2. Initiates and directs the development of policies for board approval and
                            implements policies adopted by the board.

                         3. Works with the president to establish the agenda for board meetings and
                            the annual House of Delegates meeting and coordinates preparation of the
                            written agenda, reports, and related materials.


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201 Board of Governors Handbook                                                                           27
             4. Attends board meetings, board committee meetings, other meetings, and
                participates in discussions.

             5. Provides the board with accurate, complete, and timely information to help
                it reach decisions and establish policies and reports regularly to the board
                about progress made in fulfilling organizational objectives.

             6. Assists the board in preparation of the bar’s strategic plan and develops and
                implements short-range goals based on the strategic plan and the budget.

             7. Directs the preparation of the bar’s annual budget and implements the
                budget approved by the board.

             8. Ensures all bar financial policies are followed.

             9. Ensures financial documents of the bar are properly maintained
                and safeguarded.

             10. Monitors the election of board officers, Board of Governors members, and
                 other elected bar representatives.

              1.
             1 Sees to the proper performance of all regulatory functions of the bar as set
                 forth in ORS Chapter 9 and the bar’s Rules of Procedure.

             12. Serves as general liaison to and supervises the provision of administrative
                 support to sections, committees, and affiliated groups.

             13. Establishes operating and personnel procedures for the staff and decides
                 all matters of administrative and supervisory detail concerning staff, includ-
                 ing hiring, firing, supervision, and compensation.

             14. Represents the bar in its dealings with other organizations, individuals, the
                 membership, and the general public, including as an official spokesperson
                 for the bar.

             15. Promotes good public relations in the legal and other communities.


BOARD ADMINISTRATIVE SUPPORT

        STAFF SUPPORT
             Administrative support for the Board of Governors is provided by the executive
             assistant to the executive director, in accordance with the following guidelines.
             For assistance, contact the executive assistant at 503-431-6386, long distance
             in state at 1-800-452-8260 extension 386, or e-mail. (See page 8 for complete
             support staff contact information.)




28                                                                    1
                                                                   201 Board of Governors Handbook
                GENERAL SUPPORT INFORMATION
                     1. Expense Reimbursement Report Forms
                         An electronic copy of the current year’s Oregon State Bar Expense Reimburse-
                         ment Report form will be sent at the beginning of each board year. Expense
                         reimbursement reports must be submitted within 30 days of an event with
                         receipts attached. Guidelines and policies for expense reimbursement are
                         available in Bar Bylaw 2.5, including its subsections, and on the back of the
                         expense reimbursement form.

                     2. Correspondence and Board of Governors Letterhead
                         A supply of Board of Governors letterhead will be made available at the begin-
                         ning of each board year and upon request. Contact the executive assistant for
                         assistance with mailing items to board members or if you need mailing labels
                         for other board-related projects.

                     3. Telephone Credit Cards
                         Telephone credit cards are used by some senior members of the board for bar
                         business. Contact the executive assistant if you are interested in obtaining a
                         card. The card will be turned in to the bar at the end of a board member’s term
                         in office.

                     4. Oregon State Bar Credit Card (VISA)
                         The president and president-elect may request an Oregon State Bar VISA
                         bankcard to be used for Board of Governors business. Contact the executive
                         assistant if you are interested in obtaining a card. The card will be returned to
                         the bar at the end of the officer’s term of office.

                     5. Address Changes
                         The fastest method to update address and contact information is through
                         member login at www.osbar.org and selecting the Address Change option.
                         We recommend this method because the data is reviewed daily and deposited
                         directly into the member database. Addresses may also be changed by com-
                         pleting the address change form and submitting it to the bar by mail or fax.
                         The address change form is available in the forms library at www.osbar.org.


                RESOURCES
                     1. Bar Staff
                         The Oregon State Bar staff is a resource in support of the board. Contact the
                         Executive Director if you have questions about Oregon State Bar staff resources.

                     2. OSB Website
                         The OSB website contains information about many aspects and activities of the
                         OSB as well as current copies of all governance documents. It is also where BOG
                         members will find their meeting agendas and updated calendar of events. Go to
                         www.osbar.org and explore!

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201 Board of Governors Handbook                                                                              29
     MEETING AND TRAVEL ARRANGEMENTS
          Bar staff responsibilities:

          1. Negotiations and contract administration to obtain the best possible off-
             site facilities for the board at a reasonable cost. In consultation with the
             president-elect, determine the number of non-Tigard meetings, the location
             of non-Tigard meetings with rotation a consideration, and the site selection
             for meetings in the year of his/her presidency.
          2. Coordination of room reservations for the board, their guests, and staff at
             meetings outside of the Portland metropolitan area. Board members are
             asked in advance of each meeting for their rooming requirements and
             attendance at official events. Early response greatly assists in the arrange-
             ments for board meetings.
          3. Procurement of meeting rooms and catering arrangements for board meetings
             and related board events.
          4. Coordination of special board events and activities.


     BOARD MEMBER RESPONSIBILITIES
          1. Board members are asked to provide timely notice to the staff of their res-
             ervation requirements for board meetings and of changes in plans as soon
             as they occur. Cost savings can be realized by keeping the staff promptly
             informed of changes in arrival or departure dates or when the number of
             guests invited to a catered event changes. Rooms are guaranteed for late
             arrival and the bar is billed whether or not the room is used on the speci-
             fied arrival date. Reserved but uneaten meals are also charged to the bar.

          2. Board members pay for their own travel expenses and are requested to
             submit an expense report for reimbursement of applicable expenses within
             thirty days of the event. Room expense at “out-of-town” Board of Gover-
             nors meetings is handled on the master bill. Board members pay only for
             incidentals when checking out. See information about “spouse and guest
             expense.”

          3. Travel arrangements are the responsibility of each board member. The fol-
             lowing budget conscious ideas are suggested:

              (a) Carpool with other board members or staff whenever possible and
                  utilize, when available, buses or other group transport.
              (b) When it is necessary to travel by air or rent a car, make reservations
                  well in advance to take advantage of special discounts.
              (c) Travel for Board of Governors contact activities related to committees
                  and sections should be considered only for those meetings where the
                  agenda necessitates the presence of the Board of Governors contact.
                  Participating by telephone is a good option when meetings are distant
                  and agendas are light.
              (d) Strive to stay within the cost limits provided by the Oregon State Bar
                  expense reimbursement policy.

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                                                             201 Board of Governors Handbook
                             (e) Board members who travel to the Portland area for board meetings and
                                 other official board business make their own room reservations when
                                 overnight stays are required. The maximum reimbursement for a room
                                 in the Portland area is $125 plus tax. If the room cost exceeds the
                                 $125 maximum, the board member will be asked to reimburse the bar
                                 for the excess.

                         4. Costs for recreational activities at board meeting locations, such as golf or
                            theater tickets, are personal expense items.

                         5. Reimbursements without receipts:

                                                        1
                             (a) In-state per Diem: $1 breakfast, $16 lunch, $34 dinner and inciden-
                                 tals $5 for a total of $66.
                             (b) Out-of-state per diem: $12 breakfast, $18 lunch, $36 dinner and $5
                                 incidentals for a total of $71.
                             (c) Room rate per diem $125.

                         6. Meals for one spouse or guest will be complimentary at Board of Gover-
                            nors meetings, the Past Board of Governors dinner, and social events as-
                            sociated with the annual House of Delegates meeting. All other spouse or
                            guest expenses, including travel costs, are considered personal expenses.


Q & A: EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT THE BOG
                         In the following pages, you will find brief answers to some of the most com-
                         monly encountered questions from board members. Additional detail on each
                         area can be found in this handbook. You should also feel free to call on bar
                         staff for further explanation or assistance.


                BOARD MEETINGS AND THE AGENDA
                     1. When does the board meet?
                         The entire board meets five times a year for its regular meetings, with a date for
                         interim BOG committee meetings scheduled between the board meetings. The
                         board and committee meeting schedules are set at least one year in advance to
                         assist board members in avoiding conflicts with their personal and professional
                                           1,
                         schedules. In 201 board meetings will begin with BOG committees meeting
                         on Friday morning, and the full board meeting Friday afternoon. Thursday eve-
                         ning may include a joint social with the regional bar, a casual dinner for board
                         members and guests, or some other special function. The last meeting of the
                         board year is a planning session and retreat that begins Thursday evening with
                         an informal dinner, and concludes on Sunday. Special meetings of the board may
                         be called for emergency matters. Interim committee meetings occur on a Friday
                         usually four weeks in advance of the full board meeting.




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201 Board of Governors Handbook                                                                         31
     2. When do I get an agenda?
        On Thursday of the week prior to the board meeting you will receive an email
        with a link to the bar’s website containing the Open and Closed Agendas.
        Board members can print the agenda if they wish or download it to a laptop or
        portable drive. It can be accessed from the internet during meetings.

     3. How is the agenda organized?
        The agenda has five subparts: (1) “regular” agenda with exhibits for discussion or
        action; (2) “judicial proceedings” agenda (disciplinary matters); (3)”executive ses-
        sion” agenda (legal matters); (4) “consent” agenda (items which may not require
        discussion but require board action) and; (5) “default” agenda (information only).

     4. Who attends board meetings?
        Board members, the executive director, general counsel, senior staff, Oregon
        New Lawyers Division liaison, Professional Liability Fund Board liaisons, and the
        PLF CEO regularly attend meetings. Bar members occasionally attend, particu-
        larly if there is a significant matter to be presented on behalf of a bar commit-
        tee, section, or task force. Board meetings are public meetings and attendance
        is open except during judicial proceedings or executive session (reinstatements,
        litigation, and other matters).

     5. Who makes presentations at board meetings?
        Board members make presentations at meetings concerning board commit-
        tees they chair, sections or standing committees for which they are contacts,
        or other matters assigned to them. The president and the executive director
        present reports on a variety of continuing and regularly occurring matters. Staff
        members make presentations on specific issues which have been assigned to
        them. Occasionally, a section or committee representative will make a presenta-
        tion to the board on a section or committee issue.

     6. How do I get an item on the agenda?
        If it is a continuing matter on which you want to report, make a recommenda-
        tion, or otherwise discuss, contact the executive assistant at least two weeks
        prior to the board meeting. The agenda is finalized approximately ten days before
        each meeting. The president and the executive director may adjust the agenda
        depending on the board’s workload at any given time. A new matter for the
        board should be communicated to the president and/or the executive director.
        The president sets the agenda and will decide when a matter should be brought
        before the board. Most matters are first referred to a board committee.

     7. Is the bar subject to the Public Meetings and Public Records Laws?
        Generally, yes. It is best to consider all bar materials, including correspondence
        to bar staff and other board members, as public records. Exceptions to the
        Public Records Law are narrow and if you have a question about whether
        certain material is exempt, contact the bar’s general counsel for assistance. All
        regular and special meetings of the board, committees, sections, and subcom-
        mittees or subsections are subject to the Public Meetings Law (see

32                                                              1
                                                             201 Board of Governors Handbook
                         Board Bylaws Article 8, Section 8.1 and 8.2), except meetings or portions of
                         meetings devoted to judicial proceedings or referred to executive session. The
                         board’s discussion of matters involving admission or reinstatement of lawyers
                         is deemed “judicial” and is not a public meeting. (Note, however, that not all
                         records relating to admission or reinstatement are exempt from the Public
                         Records Law.)


                MEETING ARRANGEMENTS, EXPENSES, AND SOCIAL MATTERS
                     1. How do I make arrangements for attendance at a meeting away
                        from my home?
                         Two of the board’s regular meetings are at the Oregon State Bar Center in
                         Tigard. The other three are rotated around the state to give the board an
                         opportunity to meet with members of local bars. For meetings away from
                         the Oregon State Bar Center, bar staff arranges with a local hotel for lodging
                         and meeting facilities. You will be notified well in advance and asked for your
                         rooming preference. Out-of-area members attending a meeting in Tigard make
                         their own arrangements directly with a local hotel. Board members pay for their
                         own transportation, meals (other than group functions), and other expenses,
                         then submit a reimbursement request form. Reimbursement checks are usually
                         issued within a week to ten days.

                     2. Are my expenses fully paid?
                         You will be reimbursed for your meeting-related expenses in accordance with
                         the bar’s reimbursement policies. Within established limits you are reimbursed
                         for meals, transportation (mileage or airfare), and other travel expenses. Room
                         expense is handled on a master bill for out-of-area meetings. Bar policy pro-
                         hibits the use of bar funds for the purchase of alcohol, so board members are
                         asked to separate such charges from any reimbursement request and pay those
                         charges personally.

                     3. Are expenses for spouses/children/guests reimbursed?
                         The bar reimburses the cost of a single or double occupancy room for a mem-
                         ber attending a meeting away from home. Costs for official Board of Governors
                         social events are complimentary for a spouse or one guest as approved by the
                         Board of Governors. Separate transportation and other costs of bringing family
                         members or guests to board meetings are not reimbursed.

                     4. Whom can I contact if I have questions about expense reimburse-
                        ment, meeting arrangements, delivery of agendas or other materi-
                        als, and other similar matters?
                         The executive assistant to the executive director, will be glad to help with
                         any questions you have. The executive assistant can be reached by phone at
                         1-800-452-8260 or 503-431-6386 or by fax at 503-598-6986. See page 8 for
                         full support staff contact information.




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201 Board of Governors Handbook                                                                       33
     GETTING THE JOB DONE
       1. What is my time commitment as a board member?
          Estimates from board members indicate the time commitment can average
          300 hours annually or 25 hours a month to attend meetings, do the “home-
          work” required to read agenda materials, work on board projects, make con-
          tacts with constituents, and handle various bar-related inquiries by phone and
          mail. The amount of time devoted varies for each individual. Board member
          activities include: (1) five regular board meetings (including work sessions
          and Board of Governors committee meetings) and two to three special board
          meetings (often held by conference call); (2) generally five interim Board of
          Governors committee meetings; (3) contact assignments with various bar com-
          mittees, sections, boards, and other bar groups; (4) Annual House of Delegates
          meeting and interim/regional House of Delegates meetings; and (5) occasional
          meetings, events, and social gatherings that relate to issues before the bar, the
          courts, or the public. The time commitment is greater for board members who
          are required to travel to the Portland area for the majority of meetings.

       2. What are my responsibilities if I am appointed chair of a
          board committee?
          The chair of each board committee works with the Oregon State Bar staff to
          establish committee agendas and schedule committee meetings. Board com-
          mittees usually meet on a Friday four weeks before the board meeting. Meet-
          ings can be held at other times as requested by the chair.

          Board committees receive their assignments from the president. The assign-
          ment generally includes a time frame within which the committee is to report
          back to the board. The chair is responsible for completion of the committee
          assignment and should work with staff to prepare agendas, meeting notices,
          and minutes or a report for the board.

       3. What is a Board of Governors contact?
          Board members serve as contacts to a variety of bar and bar-related groups
          including sections, standing committees, task forces, and other Oregon State
          Bar boards. Contacts serve as a link between the board and the other groups,
          relaying information and serving as a resource. (Note: these groups also have a
          staff liaison.) Board members are not expected, except in a limited number of
          cases, to attend all group meetings for groups to whom they are a contact.

       4. What is my role in the appointments process?
          The board appoints members to the bar’s standing committees and the PLF
          board and also makes recommendations to the Supreme Court for appoint-
          ments to the Disciplinary Board and other groups. In addition to service on the
          board’s Appointments Committee, individual board members are a resource to
          the board in finding and evaluating candidates (lawyers and public members)
          for the various appointments that are made.




34                                                              1
                                                             201 Board of Governors Handbook
                     5. How do Oregon State Bar committees receive their charges?
                         Every year the board’s Policy and Governance Committee evaluates the work
                         of each Oregon State Bar committee and develops a charge, or assignment, for
                         the coming year. Recommendations from the committee and suggestions and
                         observations from the Board of Governors contact and bar liaison are used in
                         developing the charge consistent with the strategic plan. The Policy and Gover-
                         nance Committee’s proposals are reviewed and acted upon by the full board.

                     6. If I wish to have a question addressed, a project or activity ana-
                        lyzed or initiated, or a project assigned, who do I contact?
                         Matters of this type should be addressed to the executive director. In addition
                         to helping you with the procedure for presenting a matter to the board, she
                         can provide historical background such as (a) whether the question has been
                         addressed previously by the board; (b) whether it might be handled by staff
                         research; or (c) whether it should be referred to a committee or section.

                     7. How do I get information or materials regarding bar programs,
                        activities, or other bar-related information?
                         If you cannot find what you need in this handbook or on the Oregon State Bar
                         website (www.osbar.org), let the executive assistant know what you need. If
                         she cannot answer your question immediately, she will relay it to the appropri-
                         ate staff member for response.

                     8. Whom do I call with other questions?
                         Questions of an administrative nature can be directed to the executive assistant
                         (503-431-6386) who acts as a “clearing-house” for board member inquiries.
                         Questions of a legal nature should be directed to general counsel (503-43 1-636  1)
                         or deputy general counsel (503-43  1-6312). Questions about general policy or
                         other matters should be directed to the executive director (503-431-6359).


                MEMBER AND PUBLIC COMMUNICATION:
                     1. Any suggestions on how I should respond to questions from mem-
                        bers or the public about Board of Governors and bar matters?
                         Except in special circumstances, board members do not speak officially for
                         the board or the bar. This does not mean, however, that you cannot respond
                         to requests or inquiries from bar members or others. Board members can and
                         should report on the status of issues considered by the board and explain, as
                         appropriate, the board’s analysis of such issues. Personal opinions of a board
                         member on any issue should be clearly identified and distinguished from the
                         board’s position.

                         If you need information in order to respond to an inquiry, call the executive
                         assistant or executive director and they will supply the necessary information
                         or direct your request to appropriate bar staff for assistance. Member requests
                         involving bar policy or projects to be initiated should be brought to the board’s
                         attention by inclusion as a regular or special agenda item. Board members
                         should not commit the board to any particular course of action before the

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201 Board of Governors Handbook                                                                           35
        matter is reviewed by the board. Member inquiries involving bar staff should be
        brought to the attention of the executive director.

     2. How have prior board members communicated with and been
        responsive to their constituents?
        Most board member interaction with constituents varies according to each
        board member’s preference. For direct interaction, many board members
        regularly attend local bar meetings. For communicating with members on BOG
        issues, the BOG Update electronic newsletters are the primary vehicle. BOG
        Updates, which are sent following each board meeting, include a summary of
        recent board actions along with other news items and requests for feedback.
        Each board region receives its own version of the update, which may include
        region-specific information or personal messages from the board member(s)
        sending the update. (Edits or comments related to board actions require prior
        approval of the President-Elect.) Board members should also expect ques-
        tions by phone and e-mail from their constituents and colleagues. If you have
        questions or want assistance in communicating with members in your region
        please ask for help from the bar staff.

     3. When should I use Board of Governors letterhead?
        Board of Governors letterhead is used for formal communications when you
        have been authorized to speak for the board or the bar, either to the public, or
        to a section, committee, or other group. It can also be used for communica-
        tions between board members. Questions about using Board of Governors
        letterhead in particular situations can be directed to the executive director or to
        the Oregon State Bar General Counsel.

     4. How are media contacts handled?
        As discussed above, board members generally do not speak officially for the
                                               1,         1.3
        board or the bar. Board Bylaw Article 1 Section 1 sets out the board’s
        policy on media relations. Media statements, whether oral or in writing, are to
        be informational and should avoid personal opinion or positions not consid-
        ered or adopted by the board. The president handles most media contacts.
        A question from the media should be directed to the president, the executive
        director or to the bar’s community relations administrator. If the media requests
        a statement on an issue not considered or adopted by the board, the president
        or the executive director makes reasonable efforts to consult with other board
        members before a statement is issued. If the matter is significant, a special
        board conference will be called.

     5. Are there conflict of interest rules of which I should be aware?
        Bylaws Article 2, Section 2.6 contains the restrictions on conduct and activities
        by “bar officials.” In essence, the policy prohibits bar officials and members of
        their households from using the bar position for personal gain. Board members
        are also subject, by virtue of ORS 9.010(1), to the Code of Ethics for Public
        Officers and Employees, ORS 244.010 to 244.040.




36                                                             1
                                                            201 Board of Governors Handbook
                         Board Bylaws Article 23, Section 23.5, Subsection 23.503 precludes board
                         members from prosecuting or defending PLF claims. The prohibition does
                         not disqualify the board member’s firm from such representation provided the
                         board member is screened from any participation in the matter. The policy
                         describes a procedure to confirm compliance by the submission of affidavits by
                         the board member and the firm.

                         Although not strictly a conflicts issue, board members should also be aware of
                         Board Bylaws Article 2, Section 2.1, Subsection 2.103, which requires board
                         members to refrain from “public involvement” in judicial campaigns.

                         The Oregon State Bar’s General Counsel and Deputy General Counsel are avail-
                         able to answer any questions about these issues.




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201 Board of Governors Handbook                                                                      37
COMMONLY USED ABBREVIATIONS
        AAP         Affirmative Action Program
        ABA         American Bar Association
        ACLEA       Association of Continuing Legal Education Administrators
        ADR         Alternative Dispute Resolution
        AJS         American Judicature Society
        A2J (ATJ)   Access to Justice Committee
        BBX         Board of Bar Examiners
        B and F     Budget and Finance Committee
        BOG         Board of Governors
        BOLI        Bureau of Labor & Industries
        CAO         Client Assistance Office
        CCP         Council on Court Procedures
        CEJ         Campaign for Equal Justice
        CLE         Continuing Legal Education
        CLP         Classroom Law Project
        CSD         Children’s Service Division (now called SCF)
        CSF         Client Security Fund
        DOJ         Department of Justice
        DRs         Disciplinary Rules
        DUII        Driving Under the Influence of Intoxicants
        DWI         Driving While Intoxicated
        EOB         Elimination of Bias (MCLE)
        ERISA       Employment Retirement Income & Security Act
        FLAC        Family Law Advisory Committee (state and local groups)
        FTE         Full-time equivalent
        HOD         House of Delegates
        IOLTA       Interest on Lawyer Trust Account
        JAC         Judicial Administration Committee
        J.D.        Juris Doctor (law degree)
        LASO        Legal Aid Services of Oregon
        LLC         Limited Liability Company
        LLP         Limited Liability Partnership
        LPRC        Local Professional Responsibility Committee
        LRAP        Loan Repayment Assistance Program
        LRE         Law Related Education
        LRS         Lawyer Referral Service
        MBA         Multnomah Bar Association

38                                                                  1
                                                                 201 Board of Governors Handbook
                MBA-YLS           Multnomah Bar Association Young Lawyers Section
                MBE               Multi-state Bar Exam
                MCLE              Minimum Continuing Legal Education
                MPRE              Multi-state Professional Responsibility Exam
                NABE              National Association of Bar Executives
                NCBP              National Conference of Bar Presidents
                NLADA             National Legal Aid & Defenders Association
                NLMP              New Lawyer Mentoring Program
                OAAP              Oregon Attorney Assistance Program
                OADC              Oregon Association of Defense Counsel
                OCDLA             Oregon Criminal Defense Lawyers Association
                OCLEAB            Oregon Council on Legal Education & Admission to the Bar
                OGALLA            Oregon Gay & Lesbian Lawyers Association
                OJD               Oregon Judicial Department
                OLF               Oregon Law Foundation
                OLI               Oregon Law Institute
                OLIO              Opportunities for Law in Oregon (affirmative action program)
                OMLA              Oregon Minority Lawyers Association
                ONLD              Oregon New Lawyers Division
                ORS               Oregon Revised Statute
                OTLA              Oregon Trial Lawyers Association
                OWLs              Oregon Women Lawyers
                PAC               Public Affairs Committee
                P&G               Policy & Governance Committee
                P.C.              Professional Corporation
                P.I.              Personal Injury
                PIP               Personal Injury Protection
                PLF               Professional Liability Fund
                RPC               Oregon Rules of Professional Conduct
                SLAC              State Lawyers Assistance Committee
                SLRs              Supplemental Local Rules
                SPRB              State Professional Responsibility Board
                UCJI              (Civil) Uniform Civil Jury Instructions Committee
                UCrimJI           (Criminal) Uniform Criminal Jury Instructions Committee
                UPL               Unlawful Practice of Law
                UTCRs             Uniform Trial Court Rules




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201 Board of Governors Handbook                                                                  39
OSB PRODUCTS AND RESOURCES DIRECTORY

              The OSB Products and Resources Directory distributed to Oregon State Bar
              members in January and includes the following information:

              OSB Contacts – Staff names, titles and extension numbers by department
              and subject.
              Bar Organizations – Associations, sections, division, etc., and their contacts.
              Board of Governors Members - Name, firm name, address, contact information.
              Oregon Map – OSB BOG and HOD voting regions.
              Government and Courts – U.S. attorneys, federal/state courts, circuit judges, etc.
              Rules and Policies – Oregon Rules of Professional Conduct, Rules of Procedure.
              Professional Liability Fund – PLF contacts, policies, OAAP contacts, etc.
              Forms, Dates, & Deadlines – CLE Publication, CLE Seminars information,
              address change form and OSB membership reports information and policies,
                 1
              201 calendar, etc.
              OSB Membership Directory – Contact information for OSB members is
              published in the online directory. Print versions are available for purchase.

RULES, POLICIES & REGULATIONS

              The bar rules, policies, and regulations manuals are available at www.osbar.org.
              Oregon State Bar rules, policies, and regulations include the following documents:
              •   Admissions Rules                       • Legal Services Program Standards
              •   Arbitration of Fee Disputes Rules        and Guidelines
              •   Bar Bylaws                             • Minimum Continuing Education Rules
              •   Client Security Fund Rules             • New Lawyers Division Bylaws
              •   Code of Judicial Conduct               • Oregon Code of Professional Conduct
              •   Contingent Fee Agreement               • Rules of Procedure
              •   House of Delegates Rules               • State Bar Act, ORS Chapter 9
              •   Joint Statement of Principles          • Standard Section Bylaws
              •   Lawyer Referral Service Policies       • Statement of Professionalism
                  and Procedures




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TABLE OF CONTENTS
Oregon State Bar Bylaws
(As amended by the Board of Governors through November 13, 2010

Article 1 Purpose of Bar and Definitions .......8                                      Subsection 2.702 Circuit Court
  Section 1.1 Definition ................................................8             Appointments ............................................................. 15
  Section 1.2 Purposes .................................................8              Subsection 2.703 Statewide Judicial
                                                                                       Appointments ............................................................. 15
Article 2 Board of Governors ............................8                             Section 2.8 Executive Director............................ 16
  Section 2.1 Duties and Responsibilities.............8                                Subsection 2.800 Duties ...................................... 16
  Subsection 2.100 General.......................................8                     Subsection 2.801 Evaluation ............................... 16
  Subsection 2.101 Election .......................................9                   Subsection 2.802 Service of Notice .................1                       7
  Subsection 2.102 Board Committee and                                                 Subsection 2.803 Board Member
  Other Assignments .....................................................9             Contact with Staff .....................................................1   7
  Subsection 2.103 Judicial Campaigns ...............9
  Subsection 2.104 Separation of Powers ...........9                               Article 3 House of Delegates ..........................17
  Subsection 2.105 Amicus Curiae Briefs ............9                                Section 3.1 Duties and Powers ...........................1                 7
  Subsection 2.106 Indemnification .................... 10                           Section 3.2 Delegates .............................................1       7
  Subsection 2.107 Defense of Disciplinary                                           Section 3.3 Resolutions ..........................................1        7
  Complaints and Proceedings ............................... 10                      Section 3.4 Meeting Agenda ...............................1                7
  Section 2.2 Officers .................................................1      1     Section 3.5 Parliamentarian ..................................1            7
  Subsection 2.200 Duties .......................................1             1     Section 3.6 Initiative Petitions
  Subsection 2.201 Election .....................................1             1     and Referenda............................................................ 18
  Subsection 2.202 Removal ...................................1                1     Section 3.7 Location............................................... 18
  Section 2.3 Public Members ............................... 12
                                                                                   Article 4 Awards ............................................... 18
  Subsection 2.300 Appointment......................... 12
                                                                                     Section 4.1 General Policy ................................... 18
  Subsection 2.301 Powers and Duties .............. 12
                                                                                     Section 4.2 President’s Membership
  Subsection 2.302 Removal .................................. 12                     Service Award ............................................................ 18
  Subsection 2.303 Vacancies ............................... 12                      Section 4.3 President’s Public
  Section 2.4 Meetings ............................................. 12              Service Award ............................................................ 18
  Subsection 2.400 Robert’s Rules of Order .... 12                                   Section 4.4 President’s Affirmative
  Subsection 2.401 Regular Meetings ................ 12                              Action Award .............................................................. 18
  Subsection 2.402 Special Meetings ................ 12                              Section 4.5 President’s Special Award
  Subsection 2.403 Emergency Meetings ........ 13                                    of Appreciation .......................................................... 18
  Subsection 2.404 Minutes ................................... 13                    Section 4.6 Award of Merit .................................. 18
  Subsection 2.405 Oregon New Lawyers                                                Section 4.7 Wallace P. Carson, Jr.
  Division Liaison .......................................................... 13     Award for Judicial Excellence .............................. 19
  Section 2.5 Expenses ............................................. 13              Section 4.8 President’s Public
  Subsection 2.500 General Policy ...................... 13                          Leadership Award ..................................................... 19
  Subsection 2.501 Conferences .......................... 13                         Section 4.9 President’s Sustainability Award 19
  Subsection 2.502 Gifts .......................................... 13
  Section 2.6 Conflicts of Interest ......................... 13                   Article 5 Oregon State Bar Delegates to
                                                                                   the American Bar Association House of
  Subsection 2.600 Definitions ............................. 13                    Delegates ............................................................ 19
  Subsection 2.601 Prohibited Actions ................14                             Section 5.1 Selection ............................................. 19
  Subsection 2.602 Disclosure of Conflict .........14                                Section 5.2 Voting ................................................... 19
  Subsection 2.603 Board Members as                                                  Section 5.3 Expenses ............................................. 19
  Witnesses in Bar Proceedings ............................. 15
  Section 2.7 Judicial Selection............................. 15                   Article 6 Membership Classification
  Subsection 2.700 General.................................... 15                  and Fees .............................................................. 19
  Subsection 2.701 Statewide and Circuit                                             Section 6.1 Classification of Members............ 19
  Court Elections .......................................................... 15      Subsection 6.100 General.................................... 19

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     Subsection 6.101 Active Pro Bono Status...... 20                                     Section 8.2 Public Meetings................................ 28
     Subsection 6.102 Transfer of Classification                                          Subsection 8.202 Judicial Proceedings ........ 28
     of Membership .......................................................... 20
     Subsection 6.103 Reinstatement ...................... 20                         Article 9 Election Procedures ........................ 28
     Section 6.2 Register of Members.......................21                           Section 9.1 Date of Elections .............................. 28
     Section 6.3 Rights of Members ..........................21                         Section 9.2 Ballots................................................... 28
     Section 6.4 Annual Membership Fees                                                 Section 9.3 Change in Region............................ 29
     and Assessments .......................................................21          Section 9.4 Voting ................................................... 29
     Section 6.5 Hardship Exemptions ......................21
                                                                                      Article 10 Diversity........................................... 29
     Section 6.6 Waivers of Fees and
     Assessments ................................................................21            1
                                                                                      Article 1 Communications ............................ 29
Article 7 Financial Matters ............................. 21                                     1.1
                                                                                        Section 1 General Policy .................................. 29
  Section 7.1 Management of Funds ....................21                                         1.2
                                                                                        Section 1 Editorial Policy ................................. 29
  Subsection 7.100 General Policy ........................21                                     1.3
                                                                                        Section 1 Media Relations .............................. 29
  Subsection 7.101 Audit of the Books ...............22                                          1.4
                                                                                        Section 1 Campaign Advertisements .........30
                                                                                                 1.5
                                                                                        Section 1 Membership Surveys and
  Subsection 7.102 Borrowing ...............................22                          Questionnaires ...........................................................30
  Subsection 7.103 Check Signatures .................22
  Subsection 7.104 Credit Policy ...........................22                        Article 12 Legislation and Public Policy....... 30
  Subsection 7.105 Write-offs.................................22                        Section 12.1 Guidelines .........................................30
  Section 7.2 Annual Budget ..................................22                        Section 12.2 Initiation of Legislation ................30
  Subsection 7.200 Approval by Board                                                    Subsection 12.200 House of Delegates
  of Governors ............................................................... 23       and Membership.......................................................30
  Subsection 7.201 Contingency Fund................ 23                                  Subsection 12.201 Board of Governors...........30
  Subsection 7.202 Approval by                                                          Section 12.3 Legislative Process ........................30
  Supreme Court .......................................................... 23           Section 12.4 Committees and Sections...........31
  Subsection 7.203 Grants ....................................... 23                    Section 12.5 Professional Liability
  Section 7.3 Reserve Policy.................................... 23                     Fund Legislation .........................................................31
  Subsection 7.300 Purpose ................................... 23                       Section 12.6 Objections to Use of Bar Dues .31
  Subsection 7.301 General Fund ......................... 23                            Subsection 12.600 Submission ..........................31
  Subsection 7.302 Reserve Funds ...................... 23                              Subsection 12.601 Refund ....................................31
  Section 7.4 Investment Policy.............................. 24                        Subsection 12.602 Arbitration.............................31
  Subsection 7.400 Purpose ................................... 24
                                                                                      Article 13 Pro Bono .......................................... 32
  Subsection 7.401 Investment Management .. 24
                                                                                        Section 13.1 Aspirational Standard .................. 32
  Subsection 7.402 Approved Investments ....... 24
                                                                                        Section 13.2 Program Certification................... 32
  Subsection 7.403 Limitations .............................. 25
                                                                                        Subsection 13.200 Procedure ............................ 32
  Subsection 7.404 Prudent Person Standard . 25
                                                                                        Subsection 13.201 Criteria ................................... 32
  Section 7.5 Expense Reimbursements ............ 25
                                                                                        Subsection 13.202 Volunteer Recognition ....33
  Subsection 7.500 General Policy ....................... 25
                                                                                        Subsection 13.202 Volunteer Recognition ....33
  Subsection 7.501 Eligible Expenses ................. 25
  Subsection 7.502 House of                                                           Article 14 Committees .................................... 33
  Delegates Meetings ................................................. 26               Section 14.1 Standing and Special
  Section 7.6 Location of Office ............................ 26                        Committees.................................................................33
                                                                                        Section 14.2 Joint Committees ..........................33
Article 8 Public Records/Meetings .............. 26
                                                                                        Section 14.3 Committee Responsibilities .......33
  Section 8.1 Public Records .................................. 26
                                                                                        Section 14.4 Membership ....................................33
  Subsection 8.100 General Policy....................... 26
                                                                                        Section 14.5 Financial Issues ..............................34
  Subsection 8.101 Public Record Requests and
                                                                                        Section 14.6 Legislation ........................................34
  BarFees for Public Records Searches
  and Copies .................................................................. 26      Section 14.7 Administrative Services...............34
  Subsection 8.102 Public Disclosure of Client                                          Section 14.8 Committee Reports ......................34
  Assistance Office, Discipline Counsel’s Office                                        Section 14.9 Quorum for Meetings ..................34
  and Disciplinary Board Clerk Records .............. 27

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Article 15 Sections ........................................... 34                             Subsection 19.101 Determination
  Section 15.1 Purpose .............................................34                         by General Counsel ..................................................39
  Section 15.2 Formation .........................................34                           Subsection 19.102 Ethics Advice
  Section 15.3 Bylaws ................................................34                       to Bar Members ........................................................39
  Section 15.4 Finances ............................................35                         Subsection 19.103 Application of
                                                                                               Oregon RPC 8.6 ........................................................39
  Subsection 15.400 Dues ......................................35
                                                                                               Section 19.2 Limitation of Advice .....................39
  Subsection 15.401 Donations .............................35
                                                                                               Section 19.3 Legal Ethics Committee..............39
  Section 15.5 Administrative Services ..............35
                                                                                               Subsection 19.300 Response to Inquiries .....39
  Section 15.6 Continuing Legal
  Education Activities .................................................35                     Subsection 19.301 Formal Opinion Process .40
  Subsection 15.600 CLE Publications                                                       Article 20 Unlawful Practice of Law ............40
  and Seminars Scheduling .....................................35
                                                                                             Section 20.1 Definitions ........................................40
  Subsection 15.601 CLE Event
  Co-Sponsorship with Bar .......................................35                          Section 20.2 Practices Subject
                                                                                             to Investigation ..........................................................40
  Subsection 15.602 Oregon State Bar Logo ..35
                                                                                             Section 20.3 Practices Not Subject
  Section 15.7 Grants .................................................35                    to Investigation ...........................................................41
Article 16 Continuing Legal Education ........ 36                                            Section 20.4 Practices Subject
                                                                                             to Prosecution .............................................................41
  Section 16.2 OSB Continuing Legal
  Education Seminars Program ..............................36                                Section 20.5 Practices Not Subject
                                                                                             to Prosecution .............................................................41
Article 17 Member Services........................... 36                                     Section 20.6 Other Investigators ........................4                   1
  Section 1 Administrative Services ...............36
           7.1                                                                               Section 20.7 Processing Unlawful Practice
           7.2
  Section 1 Insurance ........................................... 37                         of Law Complaints ....................................................4      1
           7.3
  Section 1 Bar-sponsored Tours ...................... 37                                    Subsection 20.700 Investigation ........................4                    1
                                                                                             Subsection 20.701 Findings ................................ 42
Article 18 Discipline ......................................... 37                           Subsection 20.702 Dispositions ........................ 42
  Section 18.1 State Professional Responsibility                                             Subsection 20.703 Actions of Unlawful
  Board ............................................................................. 37     Practice of Law Committee .................................. 42
  Subsection 18.100 Duties .................................... 37                           Subsection 20.704 Board of Governors.......... 42
  Subsection 18.101 Composition ........................ 37                                  Subsection 20.705 Prevention
  Subsection 18.102 Expenses .............................. 37                               and Education ............................................................ 43
  Subsection 18.103 Notice to the Accused.... 37                                             Subsection 20.706 Records ................................ 43
  Subsection 18.104 Disclosure of Contacts ... 37                                            Subsection 20.707 Other Agencies .................. 43
  Section 18.2 Letters of Admonition .................. 37
  Section 18.3 Recovery of Costs/Collection                                                Article 21 Client Security Fund ..................... 43
  of Judgments .............................................................38             Article 22 Fee Arbitration ............................... 43
  Section 18.4 Disciplinary Correspondence ...38
  Section 18.5 Removing Lawyers from the                                                   Article 23 Professional Liability Fund ..........44
  Lawyer Referral Service Panel of Lawyers ......38                                          Section 23.1 Board of Directors .........................44
  Section 18.6 Suspension of Service ................38                                      Section 23.2 Authority ...........................................44
  Subsection 18.600 Applicability to BOG, LPRC                                               Section 23.3 Operation..........................................44
  and SPRB .....................................................................38           Section 23.4 Reports..............................................44
  Section 18.601 LPRC and SPRB                                                               Section 23.5 Relationship with the
  Replacements.............................................................38                Board of Governors ..................................................44
  Section 18.602 Board of Governors                                                          Subsection 23.500 Liaisons ................................44
  Replacement...............................................................38
                                                                                             Subsection 23.501 Reports .................................45
Article 19 Legal Ethics Questions and                                                        Subsection 23.502 Release of Information ...45
Opinions .............................................................. 39                   Subsection 23.503 Prohibition Against
  Section 19.1 General Counsel’s Office ............39                                       Prosecuting Claims ..................................................45
  Subsection 19.100 Submission                                                               Subsection 23.504 Annual Meeting ................ 46
  and Questions ............................................................39               Subsection 23.505 Audit ...................................... 46

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     Subsection 23.506 Location of Office ............ 46
     Subsection 23.507 Staff Responsibility .......... 46
     Section 23.6 Assessment ..................................... 46
     Subsection 23.600 Principles ............................. 46
     Subsection 23.601 Appeals by Members ...... 47
Article 24 Attorney Assistance ..................... 47
  Section 24.1 Creation and Purpose .................. 47
  Section 24.2 Authority ...........................................48
  Subsection 24.200 State Lawyers
  Assistance Committee............................................48
  Subsection 24.201 Professional Liability
  Fund Personal and Practice Management
  Assistance Committee............................................48
  Section 24.3 Composition ....................................48
  Subsection 24.300 State Lawyers Assistance
  Committee...................................................................48
  Subsection 24.301 Professional Liability
  Fund Personal and Practice Management
  Assistance Committee............................................48
  Section 24.4 State Lawyers Assistance
  Committee Review and Intake............................. 49
  Subsection 24.400 Complaints
  and Referrals............................................................... 49
  Subsection 24.401 Designees ............................ 49
  Subsection 24.402 Preliminary
  Assessment and Intake ......................................... 49
  Subsection 24.403 Notice to
  Referred Lawyer ........................................................50
  Section 24.5 State Lawyers Assistance
  Committee Investigations ......................................50
  Subsection 24.500 Meeting with
  Referred Lawyer ........................................................50
  Subsection 24.501 Release of Information ....50
  Subsection 24.502 Professional Evaluation...50
  Subsection 24.503 Remedial Action Plan .....50
  Section 24.6 State Lawyers Assistance
  Committee Records ..................................................5         1
  Section 24.7 Other State Lawyers Assistance
  Committee Policies ...................................................5       1
  Subsection 24.700 Non-cooperation ................5                           1
  Subsection 24.701 Confidentiality ......................5                     1
  Subsection 24.702 Duty to Report
  Unethical Conduct ....................................................5       1
  Subsection 24.703 Statistical Data ....................5                      1
  Subsection 24.704 Public Meetings ................ 52
Article 25 Law Student Associates .............. 52
Article 26 Sustainability.................................. 52
Article 27 Amendment of Bylaws ................. 52




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Article 1 Purpose of Bar and Definitions                          (c) Each board member is unique and contributes special talents
                                                                  to the successful governance of the Bar. Expressing viewpoints
Section 1.1 Definition                                            and sharing opinions on issues before the Bar is important.
In these Bylaws, unless the context or subject matter
                                                                  (d) Each lawyer-board member represents a geographic
otherwise requires:
                                                                  constituency. As a representative, a lawyer-board member
(A) “State Bar” and “Bar” mean the Oregon State Bar, as           is expected to communicate with constituents about board
described in ORS Chapter 9.                                       actions and issues and to represent constituent viewpoints to
(B) “State Bar Act” and “Bar Act” mean ORS Chapter 9.             the Board.
(C) “Board of Governors” and “Board” mean the Board of            (e) In addition to each lawyer-board member’s individual
Governors of the Oregon State Bar.                                responsibility for communication with his or her constituency
                                                                  as set out in subparagraph (D) above, lawyer members of the
(D) “House of Delegates” and “House” mean the House of
                                                                  Board and staff will have the responsibility to meet with local
Delegates of the Oregon State Bar created by ORS 9.136.
                                                                  associations and other lawyer groups. Each year the President
(E) “President” means the President of the Oregon State Bar.      and Executive Director will develop a plan to visit the groups
(F) “President-elect” means the President-elect of the Oregon     mentioned above with substantial participation by both the
State Bar.                                                        President and the Executive Director.
(G) “Vice President(s)” means the Vice President(s) of the        (f) Board members are committed to attend all board
Oregon State Bar.                                                 meetings and other functions in person except when, in a
(H) “Executive Director” means the Executive Director of the      board member’s judgment, an emergency or compelling
Oregon State Bar.                                                 circumstance arises that prevents participation. Board
                                                                  members should notify staff of the desire to participate in
(I) “Governor” means a member of the Board of Governors of        board meetings by telephone when personal attendance is
the Oregon State Bar.                                             precluded by an emergency or compelling circumstance.
(J) “Member” means a member of the Oregon State Bar.              Staff will arrange the telephone link at bar expense based on
                                                                  those requests.
Section 1.2 Purposes
The Bar fulfills that mission through the following functions :   Subsection 2.101 Election
(A) We are a professional organization, promoting high            (a) The election of lawyer-members of the Board will be
standards of honor, integrity, professional conduct,              conducted according to Article 9 of the Bar’s Bylaws.
professional competence, learning and public service among        (b) Nominations for the office of Governor from a region must
the members of the legal profession.                              be in writing. The Executive Director will prepare the forms
(B) We are a provider of assistance to the public seeking         for these nominations and supply the forms to the applicants.
to ensure the fair administration of justice for all and the      Applicants must complete and file the form with the
advancement of the science of jurisprudence, and promoting        Executive Director by the date set by the Board. The Executive
respect for the law among the general public.                     Director must conduct elections in accordance with the Bar
                                                                  Bylaws and the Bar Act.
(C) We are a partner with the judicial system, seeking to
ensure a spirit of cooperation between the bench and the Bar.     Subsection 2.102 Board Committee and Other
(D) We are a regulatory agency providing protection to the        Assignments
public, promoting the competence and enforcing the ethical        Immediately after the election of the new lawyer members
standards of lawyers.                                             of the Board, the senior class will meet, either collectively
                                                                  or individually, with each new member of the Board to
(E) We are leaders helping lawyers serve a diverse community.     conduct an informal orientation regarding board service
(F) We are advocates for access to justice.                       opportunities and to discuss with each new member that
                                                                  person’s experience and service interests on the Board. After
Article 2 Board of Governors                                      the orientation sessions, the senior class will meet to discuss
                                                                  and determine appointments to board committees and task
Section 2.1 Duties and Responsibilities                           forces, service as to standing committees, sections and any
                                                                  other necessary appointments. The senior class prepares
Subsection 2.100 General
                                                                  a slate of appointments. Each member of the senior class
(a) The Board of Governors governs the Bar, except as             may chair one board committee of that member’s choosing.
provided in ORS 9.139. In doing so, the Board determines          Conflicts among senior class members will be resolved by
the general policies of the Bar and approves its budget each      that class. Service preferences of each member of the new
year. The Executive Director, appointed by and acting under       Board will be honored in developing the slate to the extent
the supervision of the Board, implements, administers and         possible and appropriate. The proposed slate will then be
supervises the Bar’s operation and program activities within      circulated to the Board and board members may raise any
these Bylaws and ORS Chapter 9.                                   appointment for discussion and appropriate adjustment.
                                                                  Thereafter, the adjusted slate is circulated to the Board and
(b) The Board operates as a review body, a supervisor of top      any member of the new board may ask the Board to accept
management performance and a representative body of all           the slate or reject it and refer the rejected slate back to the
members. As such, the Board must plan for the welfare of the      senior class for further consideration and recommendation to
total Bar ahead of other considerations.                          the Board.

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Subsection 2.103 Judicial Campaigns                               (b) The duty to defend does not apply in the case of
The members of the Board must refrain from public                 malfeasance, gross negligence or willful or wanton neglect
involvement in judicial campaigns and appointments that in        of duty.
any way identifies them as members of the Board, officers of      (c) If any complaint is made to the Oregon State Bar or
the Bar, or otherwise representing the Oregon State Bar.          other agency or court with disciplinary jurisdiction over
                                                                  the Accused or a disciplinary proceeding is brought by the
Subsection 2.104 Separation of Powers                             Oregon State Bar or such agency or court against an Accused
The Board will not nominate or appoint persons who work           which on its face falls within the provisions of subsection
in or for the state executive or legislative departments to the   (a) of this bylaw, or which the Accused asserts to be based
following bodies: State Professional Responsibility Board,        in fact on an act or omission in the performance of his or
Disciplinary Board, Minimum Continuing Legal Education            her official duties on behalf of the bar and not within the
Board and Commission on Judicial Fitness and Disability. In       scope of subsection (b) of this bylaw, the Accused may file
the case of a challenge to the candidacy of a member of the       a written request for a defense with the General Counsel, or
Board of Governors under ORS 9.042, the Board will follow         if the request is by the General Counsel, the President of the
the procedures outlined in the statute.                           bar. The General Counsel or President, as the case may be,
Subsection 2.105 Amicus Curiae Briefs                             will thereupon present his or her recommendations to the
                                                                  Board of Governors regarding the approval of an agreement
A section or committee that wishes to enter an amicus
                                                                  to pay for the defense of the Accused, including attorney
curiae appearance before any trial court or appellate court
                                                                  fees and costs during the investigation, prosecution, and
must obtain prior approval from the Board. The request
                                                                  appeal of a complaint of professional misconduct. The Board
must be in writing and must include a synopsis of the
                                                                  of Governors will approve such terms and conditions of
question involved, the posture of the case, the position to
                                                                  payment for the defense as it deems appropriate under the
be taken in the amicus appearance, and the anticipated            circumstances, including the Board’s right to select counsel
cost of appearing amicus curiae including lawyer fees, if         to defend the Accused, unless the Board determines that the
any. The question involved must directly or substantially         complaint does not arise out of an act or omission occurring
affect admission to the practice of law, the practice of law,     in the performance of official duties on behalf of the bar, or
discipline of members of the bench or bar, the method of          that the act or omission amounted to malfeasance, gross
selecting members of the judiciary or other questions of          negligence or willful or wanton neglect of duty, in which case
substantial interest to the Bar or a committee or section.        the Board will reject the request.
The Board will determine whether the question involved
can be adequately presented to the court without the              (d) If the Board agrees to pay for the defense of a complaint or
amicus appearance of the committee or section. All costs          disciplinary proceeding, the Accused shall cooperate fully with
for appearance by a section must be paid by the section; if       the lawyer(s) hired by the bar to defend the Accused. If the
the Board approves the filing of an amicus appearance by a        Board determines that the Accused has not cooperated with
committee, the Bar will pay any costs for the appearance.         defense counsel or has otherwise acted to prejudice defense
                                                                  counsel’s good faith decisions regarding the proper defense of
Subsection 2.106 Indemnification                                  the matter for which a defense is provided, the Board may at
The Bar must indemnify its officers, board members,               any time terminate the continued defense of the matter and
directors, employees and agents and defend them for their         require the Accused to reimburse the bar for all funds it has
acts and omissions occurring in the performance of their          paid on account of the defense of the Accused. The Board
duties, to the fullest extent permitted by ORS Chapter 30         may condition the provision of a defense under this bylaw on
relating to indemnification by public bodies, especially          the Accused’s agreement to make such reimbursement upon
the provisions of ORS 30.285. The term “officers, board           the Board’s good faith determination that the Accused has
members, directors, employees and agents” of the Bar              failed to cooperate with defense counsel or otherwise acted to
includes subordinate groups established by the Bar to             prejudice defense counsel’s good faith decisions regarding the
perform one or more of its authorized functions, including
                                                                  proper defense of the matter.
the Professional Liability Fund, the State Professional
Responsibility Board, the Disciplinary Board, the Local           (e) If the Board concludes, after undertaking to pay for the
Professional Responsibility Committees and bar counsel and        Accused’s defense, that the conduct was malfeasance,
the State Lawyers Assistance Committee. The right to and          grossly negligent, or the willful or wanton neglect of duty, the
method and amount of defense and indemnification are              Board will terminate the continued defense of the matter and
determined in accordance with the provisions of ORS 30.285        require the Accused to reimburse the bar for all funds it has
or comparable provisions of law governing indemnity of state      paid on account of the defense. The Board may condition
agents in effect at the time of a claim.                          the provision of a defense under this bylaw on the Accused’s
Subsection 2.107 Defense of Disciplinary                          agreement to make such reimbursement upon the Board’s
                                                                  good faith determination that the Accused has engaged in
Complaints and Proceedings
                                                                  such conduct.
(a) The bar will defend any of its current and former officers,
employees and agents (hereafter “Accused”), whether               (f) If the Accused in a disciplinary proceeding is found to
elected or appointed, against any complaint of professional       have violated the rules of professional conduct, a disciplinary
misconduct arising out of an act or omission occurring in the     statute or disciplinary regulation, the Accused must reimburse
performance of his or her official duties on behalf of the bar    the bar for all funds it has paid on account of the defense of
as provided in this bylaw.                                        the Accused. The Board may condition the provision of

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                                                                                             201 Board of Governors Handbook
a defense under this bylaw on the Accused’s agreement to           year class and the current President-elect, will interview each
make such reimbursement upon the entry of a final judgment         candidate and will meet with the remaining board members
imposing discipline on the Accused. Discipline for purposes        to discuss their view about each candidate’s respective
of this bylaw should be a reprimand or greater sanction            qualifications. The Nominating Committee will announce
imposed by the Disciplinary Board or the Oregon Supreme            its candidate for President-elect at least 30 days prior to
Court or other court or agency having disciplinary jurisdiction    the last regularly scheduled board meeting of the calendar
over the Accused. If the discipline is a reprimand, the board      year. The Nominating Committee’s selection will be the sole
may waive the reimbursement requirement.                           candidate for President–elect unless at least six members
(g) If the Board denies an Accused a defense under this bylaw      nominate another candidate by written petition delivered to
                                                                   the Executive Director not less than 15 days prior to the last
or terminates the provision of such a defense under the terms
                                                                   regularly scheduled board meeting of the calendar year.
of this bylaw and the Accused is found in any disciplinary
proceeding for which a defense was denied or terminated            (c) Voting
not to have violated any rule of professional conduct or           Election requires voting in person. Voting by proxy is not
disciplinary statute or regulation, the bar will reimburse the     allowed. If there is only one nominee for an office or in
Accused for his or her reasonable attorney fees and costs in       the case of the Vice Presidents only two nominees for two
defense of such matter so long as the Accused’s conduct            positions, the nominee or nominees are deemed elected
occurred in the performance of official duties on behalf of        without balloting. When there is more than one nominee
the bar and did not separately constitute malfeasance, gross       for an office, balloting for election will be as follows: Each
negligence or willful or wanton neglect of duty, as, in good       member present is given a ballot printed with the names of
faith, is determined by the Board. Pro se representation does      the nominees for the office. If additional nominations have
not qualify for the reimbursement of reasonable attorney fees      been made that are not on the printed ballot, those names
and costs under this subsection.                                   must be written on the ballot. Each member must vote for
                                                                   his/her first choice only. If after the first ballot no one person
Section 2.2 Officers                                               receives more than 50 percent of the votes, the last candidate
Subsection 2.200 Duties                                            is eliminated and another ballot is cast.
(a) President                                                      Subsection 2.202 Removal
The President presides at all meetings of the Board and            Any officer of the Bar may be removed with or without cause
has the authority to exercise the Board’s power between            on a three-fourths affirmative vote of all board members. That
board meetings and to take appropriate action whenever             position is then filled by the Board, at the same or a subsequent
the President finds that a board meeting is not necessary or       meeting, using the above rules as far as applicable.
cannot reasonably be convened. However, the President’s
action must be consistent with any actions taken or policies       Section 2.3 Public Members
previously adopted by the Board or by the membership. The          In addition to the 12 resident active members of the Bar
President must report any such action at the next board            required by ORS 9.025, four public positions exist on the
meeting. The President performs such other duties as the           Board of the Bar.
Board directs.                                                     Subsection 2.300 Appointment
(b) President-Elect                                                Any person appointed to a public position on the Board must
The President-elect performs the duties of the President in        meet the qualifications set forth in ORS 9.025(1). Public
the absence, inability or refusal of the President to perform      members serve for a term of four years, beginning on January
those duties. The President-elect performs other duties as         1 of the year following appointment. Every attempt will be
the Board directs.                                                 made to maintain geographic distribution; however, the
                                                                   priority will be to match the current needs of the Board with
(c) Vice Presidents
                                                                   the areas of interest of the public members.
The Vice Presidents perform duties as the Board directs.
                                                                   Subsection 2.301 Powers and Duties
Subsection 2.201 Election                                          Public members of the Board have the same voting rights as
(a) President and Vice-Presidents Election                         the lawyer members of the Board. They take the same oath
The President, President-elect and two Vice-Presidents are         of office and are charged with the same functions and duties
elected each year at the last regularly scheduled board            as provided by statute and Board Policies. Public members
meeting of the calendar year. The only candidate for President     cannot serve as officers of the Bar.
is the President-elect. The other two lawyer members of the
                                                                   Subsection 2.302 Removal
third-year class are the only candidates for Vice-President.
                                                                   Public members of the Board are subject to removal by the
(b) President-Elect                                                Board upon the following grounds and for the following
Any lawyer member of the second-year class may be a                reasons: A public member no longer meets the initial
candidate for the office of President-elect by notifying the       qualifications for appointment set forth in Subsection 2.300
Executive Director by September 1. Each candidate must             of the Bar’s Bylaws; or a public member commits an act
submit with said notice a statement outlining the candidate’s      substantially similar to the conduct proscribed by ORS 9.527
qualifications, reasons for seeking the position, and vision for   or fails to perform the duties of the office. If at least ten
the bar. A Nominating Committee, consisting of the fourth–         members of the Board propose that the public member be

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removed, the public member is given written notice of the          Subsection 2.404 Minutes
proposed removal, together with the reasons therefore. The         The Executive Director or his or her designee must keep
written notice must be given at least 15 days before the next      accurate minutes of all board meetings. The vote of each
regularly scheduled board meeting. Thereafter, on a vote of        member of the Board, on any matter considered by it, must
at least ten members of the Board, the public member is            be recorded in the minutes if the vote is not unanimous.
removed and the position is vacated.
                                                                   Subsection 2.405 Oregon New Lawyers
Subsection 2.303 Vacancies                                         Division Liaison
On the death, resignation or removal of a public member of         The Oregon New Lawyers Division (“ONLD”) has a non-voting
the Board, the Board must appoint a replacement to serve           liaison to the Board, who must be a member of the ONLD
the unexpired portion of the then vacant position. Any person      Executive Committee. The ONLD liaison is appointed by the
so appointed must satisfy the qualifications for appointment       chair of the ONLD Executive Committee to serve for a one-year
set forth in Subsection 2.400 of the Bar’s Bylaws and is           term. No person may serve more than three terms as ONLD
subject to removal as set forth in Subsection 2.302 of the
                                                                   liaison. If the ONLD liaison is unable to attend a meeting of the
Bar’s Bylaws.
                                                                   Board, the ONLD chair may appoint another member of the
Section 2.4 Meetings                                               ONLD Executive Committee to attend the meeting.
Subsection 2.400 Robert’s Rules of Order                           Section 2.5 Expenses
Subject to ORS Chapter 9 and these Policies, the conduct           Subsection 2.500 General Policy
and voting at board meetings are governed by the most
                                                                   All provisions of Section 7.5 of the Bar’s Bylaws (Expense
recent edition of Robert’s Rules of Order.
                                                                   Reimbursements) apply to the Board of Governors with the
Subsection 2.401 Regular Meetings                                  following additions. Officers of the Board who, because of
Meetings of the Board must be held at such times and places        their office, must occupy a suite or special room other than
as the Board determines, and the Executive Director must           the standard room occupied by most board members will
provide notice of the time and place. Newly elected governors      be entitled to be reimbursed for the extra expense. Members
and officers of the Bar take office on January 1 of the year       of the Board who host board dinners will be reimbursed the
following their election.                                          actual cost of the dinner regardless of whether it is held in the
                                                                   board member’s home or at a restaurant.
Subsection 2.402 Special Meetings
A special meeting of the Board may be called by the
                                                                   Subsection 2.501 Conferences
President or by three Governors filing a written request with      The Bar will reimburse the actual expenses of the President
the Executive Director. If, within five days after a written       and/or President-elect and their spouses or partners and
request by three Governors is filed with the Executive Director,   the Executive Director, to any out-of-state conference that
the President fails or refuses for any reason to set a time for    is included in the annual budget. Other attending board
and give notice of a special meeting, the Executive Director       members are not eligible for any reimbursement unless
or some other person designated by the three Governors             specifically authorized by the Board. Each year the Bar will
joining in the request, may set a time for and give notice of      reimburse the actual expenses of the President-elect and
the meeting. The date fixed for the meeting may be no less         spouse or partner and the Executive Director, to attend the
than five nor more than ten days from the date of the notice.      ABA Bar Leadership Conference or a comparable conference.
The Executive Director or the person designated by the three       Subsection 2.502 Gifts
Governors in their request must sign the notice of a special
                                                                   The expense of gifts by the Board to its retiring members is a
meeting. The notice must set forth the day, hour, place and
purpose of the meeting. The notice must be in writing and          budgeted expense.
be communicated to each Governor at his or her principal           Section 2.6 Conflicts of Interest
office address. Notice must be given to each Governor,             Bar officials are subject to the provisions of ORS Chapter 244,
unless waived. A written waiver by or actual attendance of a       the Government Standards and Practices Act. Nothing in
Governor is the equivalent of notice to that Governor. Special     this section is intended to enlarge or contradict the statutory
meetings may consider only the matters set forth in the            provisions as they may apply to bar officials.
notice of the meeting.
                                                                   Subsection 2.600 Definitions
Subsection 2.403 Emergency Meetings
                                                                   As used in Section 2:
When the President determines that a matter requires
immediate attention of the Board, an emergency meeting             (a) “Actual conflict of interest” means that the person, a
or conference call may be called with 24-hour notice to            relative of the person or a business with which the person
members of the Board. Notice must indicate the subject             or a relative of the person is associated will derive a private
matter to be considered. Conference calls and emergency            pecuniary benefit or detriment as a result of an action,
meetings can consider only the matters for which notice is         decision or recommendation of the person in the course of
given. If all members of the Board are present at the meeting      bar-related activities.
or participating in the conference call, any actions taken are     (b) “Bar official” means members of the Board of Governors;
final. If any member does not participate or receive notice, the   appointees of the Board of Governors, including members of
matters decided must be ratified at the next Board meeting.        standing committees, Local Professional Responsibility

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Committees, bar counsel panels, and the State Professional            (b) If the bar official is the Executive Director, she/he must
Responsibility Board; section officers and executive committee        notify the Board of Governors, through the President, of the
members; and bar staff.                                               nature of the conflict and request the Board of Governors
(c) “Business” means any corporation, partnership,                    to dispose of the matter giving rise to the conflict. Upon
proprietorship, firm, enterprise, franchise, association,             receipt of the request, the President will designate within
organization, self-employed person and any other legal entity         a reasonable period of time an alternate to dispose of the
operated for economic gain, but excluding any income-                 matter, or will direct the Executive Director to dispose of the
producing not-for-profit corporation that is tax exempt under         matter in a manner specified by the Board of Governors.
IRC §501(c) with which a bar official is associated in a non-         (c) If the bar official is elected to or appointed by the Board of
remunerative capacity.                                                Governors or other appointing authority to serve on a board,
(d) “Business with which the person is associated” means              committee, council, commission or other public body, the bar
any business of which the person or the person’s relative is a        official must:
director, officer, owner, employee or agent or any corporation        (1) When met with a potential conflict of interest, announce
in which the person or the person’s relative owns or has              publicly the nature of the potential conflict prior to taking
owned stock worth $1,000 or more at any point in the                  any action thereon in the capacity of a bar official; (2) when
preceding year.                                                       met with an actual conflict of interest, announce publicly the
(e) “Potential conflict of interest” means that the person, a         nature of the actual conflict, and refrain from participating in
relative of the person or a business with which the person or         any discussion or debate on the issue out of which the actual
a relative of the person is associated, could derive a private        conflict arises or from voting on the issue, except that if the
pecuniary benefit or detriment as a result of an action,              bar official’s vote is necessary to meet a requirement of a
decision or recommendation of the person in the course of             minimum number of votes, the bar official may vote, but may
bar-related activities.                                               not participate in any discussion or debate on the issue out of
(f) “Relative” means the bar official’s spouse, any children of       which the actual conflict arises.
the bar official or the bar official’s spouse and siblings and        (d) When a bar official gives notice of an actual or potential
parents of the bar official or the bar official’s spouse.             conflict of interest under subsection 2.602(c), the conflict
Subsection 2.601 Prohibited Actions                                   must be recorded in the minutes or other official record of the
                                                                      board, committee, council, commission or other public body
Regardless of whether an actual or potential conflict is disclosed:
                                                                      on which the official serves, together with an explanation
(a) No bar official may use or attempt to use the person’s            of how the conflict was resolved. If there are no minutes or
official position to obtain any financial gain or the avoidance       other official record, then the bar official, in addition to the
of any financial detriment that would not otherwise be
                                                                      disclosure to the board, committee, council, commission or
available to the person, but for the bar official’s holding of
                                                                      other public body, must disclose the conflict in writing to the
the official position, except official salary, reimbursement
                                                                      Executive Director.
of expenses for official activities or unsolicited awards for
professional achievement for the bar official or a relative of        (e) No decision or action of the any bar official or of any
the bar official or for any business with which the bar official      board, committee, council, commission or other public body
or the bar official’s relative is associated.                         on which the official serves is invalid or voidable solely by
(b) No bar official may attempt to further the personal gain          reason of the failure to disclose an actual or potential conflict
of the bar official through the use of confidential information       of interest.
gained by reason of an official activity or position.
                                                                      Subsection 2.603 Board Members as
(c) No bar official may solicit or receive, during any calendar       Witnesses in Bar Proceedings
year, any gift or gifts with an aggregate value of more than
$100 from any single source that could reasonably be known            As provided in BR 5.3(c), a current member of the Board of
to have an interest in any matter concerning which the official       Governors must not testify as a witness in any bar admission,
has any authority or responsibility.                                  discipline or reinstatement proceeding except pursuant to
                                                                      subpoena. If requested by a party to be a witness in a bar
(d) No bar official may solicit or receive a promise of future
                                                                      proceeding, board members should urge the party to present
employment based on an understanding that any official
                                                                      the anticipated testimony through other witnesses. However,
action will be influenced by the promise.
                                                                      the parties ultimately decide whether a board member will be
Subsection 2.602 Disclosure of Conflict                               subpoenaed to testify as a witness in a bar proceeding.
When met with an actual or potential conflict of interest,
                                                                      Section 2.7 Judicial Selection
a bar official must disclose the conflict and take any other
action required by this bylaw.                                        Subsection 2.700 General
(a) If appointed by the Executive Director, the bar official must     If requested by the appropriate appointing authority, the Board
notify the Executive Director of the nature of the conflict and       will participate in a state or federal judicial selection process.
request the Executive Director to dispose of the matter giving        Any poll conducted by the Bar will be for informational
rise to the conflict. Upon receipt of the request, the Executive      purposes only and will not constitute the official position of
Director will designate within a reasonable time an alternate to      the Bar. Certified election results will be made available as
dispose of the matter, or will direct the bar official to dispose     promptly as possible to the press, to the candidates, to the
of the matter in a manner specified by the Executive Director.        appointing authority and otherwise as the Board may direct.

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Subsection 2.701 Statewide and                                      in using, at a minimum, the following criteria: integrity, legal
Circuit Court Elections                                             knowledge and ability, professional experience, judicial
For statewide and circuit court elections, the Bar will conduct     temperament, diligence, health, financial responsibility and
a poll of the members in the affected geographic area in            public service. The Board will then determine the final list of
accordance with the election procedures set forth in Article 9      candidates to submit to the Governor. A lawyer who seeks
of the Bar’s Bylaws. The ballot will contain all the candidates     appointment to the same position within two years of first
who will appear on the public election ballot. Each preference      having received a “suitable for consideration by the Governor
poll will contain the following information on each candidate:      status” will not be required to submit another application
Name, law firm name (if applicable), principal office address,      or to be re-interviewed. Candidates in this category must
date admitted to the Bar, professional and community                inform the Board of any changes in information previously
activities, professional history, other pertinent information       submitted. The Board reserves the right to request and
and a picture. In any general election that includes contested      receive additional information from any candidate prior
judicial positions, the Bar will conduct a poll only if there       to deciding whether to resubmit the candidate’s name
was no prior poll in the primary election, there has been           to the Governor. The chair of the Board’s Committee on
a significant reduction in the number of candidates that            the Judiciary (along with members of the committee as
appeared on the primary election ballot or it appears that          determined by the committee) will also provide a written or
the votes were relatively spread out among most of the              oral summary of the committee’s information about each
candidates so that another poll could potentially produce an        candidate to the Office of General Counsel for the Governor.
entirely different result from that of the primary election poll.   The summary will also include comments regarding
                                                                    candidates not submitted for consideration.
Subsection 2.702 Circuit Court Appointments
                                                                    (c) The Board will appoint on a yearly basis, pursuant to
For circuit court judicial appointments, the Bar will conduct
                                                                    Subsection 2.102 of the Bar’s Bylaws, a committee to make
a poll of the members in the affected geographic area in
                                                                    candidate qualification recommendations to the Board
accordance with the election procedures set forth in Article
                                                                    using the criteria set forth in this section. Meetings of the
9 of the Bar’s Bylaws at the request of the Governor of the
                                                                    committee, including interviews of candidates, are public
State of Oregon or the Board. If the Governor’s Office or the
                                                                    meetings, except for portions of meetings during which
Board requests a poll, the ballot must include the name of
                                                                    reference reports are presented and discussed. The term
any eligible member of the Bar who has filed a candidate
                                                                    “reference reports,” for purposes of this section, means
statement with the Bar by the appropriate deadline. Each
                                                                    information obtained by committee members and staff
preference poll will contain the following information on each
                                                                    from persons listed as references by the candidates and
candidate: Name, law firm name (if applicable), principal
                                                                    information obtained by committee members and staff from
office address, date admitted to the Bar, professional and
                                                                    other persons knowledgeable about candidates as part of
community activities, professional history, other pertinent
                                                                    the candidate background check process. The committee
information and a picture.
                                                                    will discuss reference reports in executive session pursuant
Subsection 2.703 Statewide Judicial                                 to ORS 192.660(1)(f). The committee will vote on its
Appointments                                                        recommendations to the Board in a public meeting. The
(a) For judicial appointments to a statewide court, no bar          selection process will include, but is not limited to, review of
poll will be taken, but bar members will be notified of the         the written applications; interviews of each candidate, unless
impending appointment and will be asked to inform the Board         waived; contacts with judges or hearings officers before
of their interest. If an appellate selection process has been       whom the candidate has practiced; contacts with opposing
concluded within three months preceding the announcement            counsel in recent cases or other matters; contacts with
of a new appellate vacancy, the Board has the option of not         references; and review of writing samples.
conducting a separate process, but re-submitting the previous       Section 2.8 Executive Director
list of highly qualified candidates to the Governor without
notification to members.                                            Subsection 2.800 Duties
(b) The Governor’s Office will deliver copies of the                The Executive Director, appointed by and acting under the
completed applications to the bar. The Board will make              supervision of the Board, is the principal administrative
recommendations to the Governor from the pool of                    officer of the Bar. The Executive Director is responsible for the
candidates who submit information to the Governor’s                 day-to-day operations of the Bar including, without limitation:
Office for appointment to fill vacant positions on the Court        hiring, managing and terminating bar personnel; negotiating
of Appeals, Supreme Court or the Oregon Tax Court.                  and executing contracts; collecting debts owed to the bar
For a vacancy on the Oregon Tax Court, the Board will               and assigning debts for collection as deemed appropriate;
participate in the process only if requested by the Governor.       and acquiring (through purchase or lease), managing and
Upon completion of the due diligence review, the Board’s            disposing of personal property related to the bar’s operations,
Committee on the Judiciary will recommend a list of                 within the budget approved by the board. The Executive
candidates suitable for consideration by the Governor to the        Director will attend all meetings of the Board and the House
Board, based on the statutory requirements of ORS 2.020             of Delegates; will keep the Board informed of all agenda
for the Supreme Court, ORS 2.540 for the Court of Appeals,          items with appropriate background information and staff or
and ORS 305.445 for the Oregon Tax Court, as well as                committee reports; and will keep a record of the proceedings
information obtained in the review process, and as screened         of all such meetings. The Executive Director is responsible

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for preparing an annual budget for the Board’s Budget              Section 3.3 Resolutions
Committee. The Executive Director performs other duties            House member or bar member resolutions must include the
as imposed by the Bar Act, the Bar Bylaws or as otherwise          name of the bar member who will present the resolution
directed by the Board.                                             and an estimate of the financial impact, if any, of the
Subsection 2.801 Evaluation                                        resolution. This information must be submitted at least 45
                                                                   days before the House of Delegates meeting. The Board
No later than December 1 of each calendar year, the Board
                                                                   must independently evaluate the financial impact of the
will evaluate and assess the performance of the Executive
                                                                   resolution. If the Board’s evaluation of the financial impact
Director. The evaluation will relate to the duties and
                                                                   differs from the sponsor’s, both positions must be included
responsibilities of him or her, progress toward established
                                                                   when the resolution is presented to the House. Only proposed
goals and the working relationships among the Executive
                                                                   legislative measures or resolutions that appear in full in the
Director, staff and the membership. The Board will conduct
                                                                   printed agenda may be considered, except that unusually
the evaluation in executive session. The Board or its
                                                                   long measures or resolutions may be summarized by bar
representative will meet with the Executive Director to discuss
                                                                   staff. If this exception applies, then the Bar must provide
the evaluation.
                                                                   delegates with copies of the full text of the measures at or
Subsection 2.802 Service of Notice                                 before the House meeting at which the proposed measures
When a statute or rule requires a petition, notice or other        or resolutions will be discussed and voted on.
writing to be filed with or serve on the Bar or the Board, the     Section 3.4 Meeting Agenda
Executive Director is the designated agent for receipt.
                                                                   After receiving all resolutions, the Board must prepare an
Subsection 2.803 Board Member Contact                              agenda for the House. The Board may exclude resolutions
with Staff                                                         from the agenda that are inconsistent with the Oregon or
Board members will bring any requests for information,             United States constitutions, are outside the scope of the
material or assistance to the executive director or the            Bar’s statutory mission or are determined by the Board to be
executive director’s designee. The executive director will         outside the scope of a mandatory bar’s activity under the U.S.
assign appropriate staff to respond to board member                Supreme Court decision in Keller v. the State Bar of California.
requests. If a board member is dissatisfied with the executive     The House agenda, including any resolutions that the Board
director’s action regarding any request or if the executive        has excluded, must be published by the Board, with notice
director believes a board member’s request is inappropriate        thereof, to all active and inactive bar members, at least 20
or unduly burdensome, the board member and executive               days in advance of the House meeting.
director, as the case may be, may bring his or her concerns        Section 3.5 Parliamentarian
to the board for resolution. The executive director has the
                                                                   The Board must designate a parliamentarian for each House
discretion to authorize board member contact with staff
                                                                   meeting. The parliamentarian should be knowledgeable
regarding designated matters and concerning particular
                                                                   about parliamentary procedure and familiar with the
topics. Board members are free to contact staff to pass on
                                                                   Bar’s Bylaws. The parliamentarian will serve without
compliments and information relevant to bar activities, but
                                                                   compensation; however, the Bar may pay the expenses for the
only the executive director may be contacted regarding
                                                                   parliamentarian to attend the House meeting as allowed in
complaints about the conduct of a staff member or concerns
                                                                   Subsection 7.501 of the Bar’s Bylaws.
about staff activities.
                                                                   Section 3.6 Initiative Petitions and Referenda
Article 3 House of Delegates                                       An initiative petition of the membership or a referendum
Section 3.1 Duties and Powers                                      from the Board or House, brought under ORS 9.148, must be
                                                                   submitted to a vote of the active members. The proponent’s
The House of Delegates (“House”) is a forum for the
                                                                   question or measure must be printed or circulated to all
membership of the Bar and representatives of sections
                                                                   members of the Bar, along with statements for and against
and local bars to advise the Board and to debate and
                                                                   the proposal. The Board determines the manner of circulating
decide matters of policy relating to the membership or the
                                                                   the required material. The Board also writes the ballot title
administration of justice as provided in the Bar Act, these
                                                                   and a factual summary of the proposal. Election procedures
Bylaws and other rules and regulations of the Bar. (See rules
                                                                   outlined in Article 9 of the Bar’s Bylaws apply.
adopted by the House.)
Section 3.2 Delegates                                              Section 3.7 Location
On or before February 1 of each year, the Board must               The meetings of the Bar’s House of Delegates must be held
determine the number of delegates each region should have          within the geographical boundaries of the State of Oregon.
and whether there are vacancies. Once elected, however, a
delegate may serve a full term even if the lawyer population of    Article 4 Awards
the region falls below the number required to entitle the region   Section 4.1 General Policy
to the delegate. Elected delegates are subject to recall as
                                                                   The Board will select award recipients from among the
provided in the Bar Act. Public member delegates are subject
to removal by the Board on the same grounds that a public          nominations received from local bars, committees, sections,
member of the Board is subject to removal under the Bar Act        individual members, affiliated groups and bar groups.
and these Bylaws.

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Section 4.2 President’s Membership                                   award are as follows: 1) a current or retired state court judge
Service Award                                                        or federal judge; 2) who has made significant contributions to
The criteria for the President’s Membership Service Award            the judicial system; and 3) who is a model of professionalism,
is as follows: The nominee must have volunteered his or              integrity, and judicial independence.
her time for the activity in which he or she was involved;           Section 4.8 President’s Public Leadership Award
the nominee must be an active member of the Bar; the
                                                                     The criteria for the President’s Public Leadership Award are
nominee must have made a significant contribution to other
lawyers through efforts involving Continuing Legal Education         as follows: The nominee must not be an active or inactive
programs or publications, committees, sections, boards or            member of the Oregon State Bar and the nominee must have
the Bar’s legislative/public affairs process or similar activities   made significant contributions in any of the areas described in
through local bar associations or other law-related groups.          the President’s Awards (Section 4.2-4.4 above).

Section 4.3 President’s Public Service Award                         Section 4.9 President’s Sustainability Award
The criteria for the President’s Public Service Awards is as         The criteria for the President’s Sustainability Award are as
follows: The nominee must have volunteered his or her time           follows: The nominee must be an active or inactive member
for the activity in which she or he was involved; the nominee        of the bar or be an Oregon law firm; the nominee must have
must be an active member of the Oregon State Bar; the                made a significant contribution to the goal of sustainability in
nominee must have made a significant contribution to the             the legal profession in Oregon through education, advocacy,
public through efforts involving pro bono services; coordination     leadership in adopting sustainable business practices or other
of local public service law-related events, such as those            significant efforts.
associated with Law Day; service with community boards or
organizations or similar activities that benefit the public.         Article 5 Oregon State Bar Delegates to the
                                                                     American Bar Association House of Delegates
Section 4.4 President’s Affirmative Action Award
The criteria for the President’s Affirmative Action Award is         Section 5.1 Selection
as follows: The nominee must be an active member of the              Nominations for the House of Delegates of the American Bar
Bar or be an Oregon law firm; the nominee must have made             Association (“ABA”) must be in writing. The Executive Director
a significant contribution to the goal of increasing minority        will prepare forms for these nominations and supply the forms
representation in the legal profession in Oregon through             to applicants. The applicants must file the forms with the
progressive employment efforts, innovative recruitment and           Executive Director not more than 90 nor less than 30 days
retention programs, advocacy or other significant efforts.           before the election held in conjunction with the Oregon State
Section 4.5 President’s Special Award of                             Bar House of Delegates election. Election of ABA delegates
                                                                     must be conducted according to Article 9 of the Bar’s Bylaws.
Appreciation
                                                                     The ABA delegates will be elected from the state at large
The President’s Special Award of Appreciation is a
                                                                     and the term of office is two years. ABA delegates must be
discretionary award of the President of the Bar, with the
                                                                     in-state active members of the Bar. The Board must fill a
concurrence of the Board, to be presented to a person who
                                                                     vacancy in the office of ABA delegate due to a delegate’s
has made recent outstanding contributions to the bar, the
                                                                     resignation, death or any other reason in the same manner as
bench and/or the community. The award will be made
                                                                     provided in ORS 9.040(2) for board members.
in conjunction with the OSB Awards Dinner or House of
Delegates events within the following guidelines. In any given       Section 5.2 Voting
year, there may be no award, one award or more than one              Each delegate to the ABA House of Delegates, as a condition
award. The recipient may be a lawyer or a non-lawyer. The
                                                                     of election, must vote substantially consistent with any
President will present his or her proposed award recipient to
                                                                     position or direction of the Board of Governors, the Oregon
the Board at the same time the Board considers the Bar’s
                                                                     State Bar House of Delegates or the Bar’s membership.
other awards.
                                                                     Section 5.3 Expenses
Section 4.6 Award of Merit
                                                                     The Oregon State Bar will reimburse Oregon State Bar
The Award of Merit is the highest honor that the Bar can
                                                                     delegates to the ABA House of Delegates their individual
bestow. The recipient may be (1) an Oregon lawyer who has
made outstanding contributions to the bench, the bar and the         expenses in attending the ABA annual and mid-year
community-at-large, and who exhibits the highest standards           meetings. Expenses subject to reimbursement under this
of professionalism or (2) a non-lawyer who has made                  section do not include those reimbursed by the ABA to
outstanding contributions to the bar and/or bench, and who           individual delegates, and are limited to an amount established
exhibits the highest standards of service to the community-at-       each year by the Board of Governors. Bar reimbursement
large. The award does not have to be granted every year and          of delegate expenses must not exceed each delegate’s
only one award may be bestowed in any year.                          proportionate share of the total amount established by the
                                                                     Board of Governors each year.
Section  4.7 Wallace P. Carson, Jr. Award for
Judicial Excellence
The Wallace P. Carson, Jr. Award for Judicial Excellence
honors a member of the state’s judiciary. The criteria for the

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Article 6 Membership Classification and Fees                      (f) Transfer from Active Pro Bono Status
Section 6.1 Classification of Members                             Active Pro Bono members may continue in that status from
                                                                  year-to-year on certification that they remain eligible for such
Subsection 6.100 General                                          status and payment of the appropriate membership fees and
Members of the Bar are classified as follows:                     assessments. Active Pro Bono members wishing to resume
(a) Active member - Any member of the Bar admitted to             regular active membership status must comply with BR 8.14.
practice law in the State of Oregon who is not an inactive or     Active Pro Bono members admitted through Admissions Rule
suspended member. Active members include Active Pro Bono          17.05 are not eligible to transfer their status to any other status.
members.
                                                                  Subsection 6.102 Transfer of Classification of
(b) Inactive member - A member of the Bar who does not            Membership
practice law may be enrolled as an inactive member. The
                                                                  An inactive member may be enrolled as an active member
“practice of law” for purposes of this subsection consists
                                                                  only by complying with the Bar Act, the Rules of the Supreme
of providing legal services to public, corporate or individual
                                                                  Court, the Rules of Procedure of the Bar and paying required
clients or the performing of the duties of a position that
                                                                  fees. An active member may voluntarily transfer to inactive
federal, state, county or municipal law requires to be occupied
by a person admitted to the practice of law in Oregon.            status on certification by the member that the criteria of that
                                                                  classification are met and on payment of required fees.
Subsection 6.101 Active Pro Bono Status
                                                                  Subsection 6.103 Reinstatement
(a) Purpose
                                                                  A final vote by the Board on an application for reinstatement
The purposes of the Active Pro Bono category of active            submitted under BR 8.1 of the Rules of Procedure requires
membership in the Bar is to facilitate and encourage the
                                                                  notice at a prior board meeting unless two-thirds of the
provision of pro bono legal services to low-income Oregonians
                                                                  entire Board waives such requirement. If the Board, in its
and volunteer service to the Bar by lawyers who otherwise
                                                                  review and investigation, determines that an applicant for
may choose inactive status or even resign from membership
                                                                  reinstatement as an active member of the Bar has not been
in the Bar, and by lawyers who move to Oregon.
                                                                  an active member continuously for a period of more than five
(b) Eligibility for Active Pro Bono Status                        years, the Board may recommend to the Supreme Court of
The Active Pro Bono category of active membership is              the State of Oregon that, as one of the conditions precedent
available to lawyers in good standing: Who agree to provide       to reinstatement, if it is otherwise recommended, the
pro bono legal services to indigent clients referred by pro       applicant (1) be required to establish his or her competency
bono programs certified under Section 13.2 of the Bar’s           and learning in the law by receiving a passing grade on the
Bylaws; who do not engage in the practice of law except for       Oregon Bar Examination as defined under the Rules of the
providing pro bono services specified above or in volunteer       Supreme Court for Admission of Attorneys next following
service on the State Professional Responsibility Board, a         the date of filing of such application for reinstatement or (2)
Local Professional Responsibility Committee, the Disciplinary     be required to complete a specified number of credit hours
Board or as bar counsel; who agree to report annually to the      of accredited Continuing Legal Education activity before or
Oregon State Bar the number of hours of pro bono service          within a specified time after the applicant’s reinstatement.
they provide; and who obtain professional liability coverage
through the Professional Liability Fund or the program            Section 6.2 Register of Members
referring the pro bono cases.                                     The Executive Director must keep a register of the enrollment
(c) Membership Fees                                               of members of the Bar, which must contain such matters
                                                                  of information that the Board determines to be proper and
Active Pro Bono members are assessed a fee that is
                                                                  desirable. The register is subject to public inspection in
equivalent to the inactive membership fee plus the Client
                                                                  accordance with the Public Records Law (ORS 192.4      10-
Security Fund assessment.
                                                                  192.502). The register may be published in any manner the
(d) Procedure                                                     Executive Director determines suitable, including in print or
The Bar will notify potentially eligible lawyers of the           electronically. The published information must include at least
availability of the Active Pro Bono category of membership        the member’s name, bar number, and current status.
and provide interested members with an application form.
The Executive Director or designee is authorized to determine     Section 6.3 Rights of Members
members’ eligibility for Active Pro Bono status and this          Subject to the other provisions of these policies, all active
determination is final.                                           members have equal rights and privileges including the
                                                                  right to hold an office of the Bar, the right to vote, and the
(e) Reporting Requirement for Active Pro Bono Status
                                                                  right to serve on bar committees. Inactive members may be
Bar Certified pro bono programs will report to the Bar no         members, but not officers, of sections. Suspended members
                     1
later than January 3 of each year the total hours of pro          may remain members of or join sections during the term of
bono services that Active Pro Bono lawyers provided in            their suspensions, but may not hold an office of the Bar, vote
the preceding calendar year. Active Pro Bono lawyer must          or serve on the Board of Governors, in the House of Delegates
ensure that the certified program reports their hours or must     or on any bar committee or section executive committee.
individually report their hours no later than February 15 of
each year.

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Section 6.4 Annual Membership Fees and                            Article 7 Financial Matters
Assessments                                                       Section 7.1 Management of Funds
The payment date for annual membership fees and
assessments is set by the Board. If the payment date falls        Subsection 7.100 General Policy
on a Saturday, a legal holiday or a day that the bar office is    All funds paid to the Bar will be received by the Executive
closed for any reason, including inclement weather or natural     Director or the Chief Financial Officer and deposited to the
disaster, the due date of such fees and assessments is the        account of the Bar in a checking account or accounts with
next day that the bar office is open for business. As used in     a commercial bank. The Executive Director or the Chief
this section, “legal holiday” means legal holiday as defined in   Financial Officer will make all disbursements from such
ORS 187.010 and 187.020, which includes Sunday as a legal         accounts. The Board’s Budget and Finance Committee will
holiday. The Board may establish a uniform procedure for          adopt the policy governing the investment, reinvestment, sale,
proration of membership fees based on admission to practice       conversion or other disposition of funds of the Bar, subject to
during the course of the year. No part of the membership          the approval of the Board.
fees will be rebated, refunded or forgiven by reason of death,    Subsection 7.101 Audit of the Books
resignation, suspension, disbarment or change from active
                                                                  The books of account of the Bar must be audited at least
                                         1.
to inactive membership after January 3 However, a bar
                                                                  biennially, unless otherwise directed by the Board.
                              1,
member who, by January 3 expresses a clear intent to
the Bar to transfer to inactive status and pays the inactive      Subsection 7.102 Borrowing
membership assessment by that date, but does not timely           (a) The President and either the Executive Director or the
submit a signed Request for Enrollment as an Inactive             Chief Financial Officer acting for and on behalf of the Bar, are
Member, may be allowed to complete the inactive transfer          authorized and empowered:
without payment of the active membership assessment, if
                                                                  (1) To borrow from any bank, or other lending agency, on
extenuating circumstances exist. The Executive Director’s
                                                                  the terms agreed on between the officer and the lender
decision regarding the existence of sufficient extenuating
                                                                  and approved by the Board, a sum deemed prudent and
circumstances is final.
                                                                  necessary to effectuate the mission of the Bar.
Section 6.5 Hardship Exemptions                                   (2) To execute and deliver to any lender or other depository,
In case of proven extreme hardship, which must entail both        the promissory note or notes or renewals thereof of the Bar at
physical or mental disability and extreme financial hardship,     rates of interest and on terms as may be agreed on.
the Executive Director may exempt or waive payment of             (3) To mortgage, pledge or encumber and deliver to the
annual membership fees and assessments of an active or            lender, as security for the payment of loans, any savings of the
inactive member. Hardship exemptions are for a one-year           Bar, regardless of form, on deposit with the lender.
period only, and requests must be resubmitted annually on
                                                                  (4) To execute and deliver to any lender any financing
                    1
or before January 3 of the year for which the exemption
                                                                  statements, security agreements or other instruments in
is requested. “Extreme financial hardship” means that the
                                                                  writing, of any kind or nature, that may be necessary to
member is unemployed and has no source of income other
                                                                  complete a financial transaction.
than governmental or private disability payments. Requests
for exemption under this bylaw must be accompanied by             (5) To draw on or endorse to any lender the savings on
a physician’s statement or other evidence of disability and       deposit or to dispose of the proceeds there from as may be
documentation regarding income.                                   deemed advisable.
                                                                  (6) To perform other acts and to execute and deliver to any
Section 6.6 Waivers of Fees and Assessments                       lender other documents as may be deemed reasonable,
The Executive Director, may, each year, waive or exempt           necessary or proper.
annual membership fees and assessments for members
                                                                  (b) The President and either the Executive Director or the
in active military service, the Peace Corps, VISTA or other
                                                                  Chief Financial Officer, acting for and on behalf of the Bar,
volunteer programs serving the national interest or the
                                                                  are also authorized and empowered to execute and deliver
legal profession, and for which the member receives only a
                                                                  documents to any lender to memorialize or otherwise
subsistence income, stipend or expense reimbursement that is
                                                                  complete any borrowing or other financial transaction that
the member’s principal source of income. Requests for waivers
                                                                  has been previously authorized by the Board of Governors.
must be received on 15 days before the date that membership
fees and assessments are due each year. Waivers will not be       Subsection 7.103 Check Signatures
granted unless the lawyer’s service encompasses the majority      Disbursements of $10,000 or more require two of the
of a year except in the case of military waivers, which may be    following signatures: (One from each group or group one alone)
granted for less than a year under special circumstances such     Group One: Executive Director and Chief Financial Officer.
as a war of unknown duration.                                     Group Two: General Counsel or Deputy General Counsel.
                                                                  Subsection 7.104 Credit Policy
                                                                  Generally, credit will be extended to all members of the Bar.
                                                                  However, credit will not be extended further to accounts that
                                                                  are 90 days past due. Credit may be denied to members who
                                                                  have had delinquent accounts in the past. The Chief Financial

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Officer must approve charges that exceed $5,000. Credit             Section 7.3 Reserve Policy
will not be extended for payment of annual membership
                                                                    Subsection 7.300 Purpose
or regulatory fees. The Bar may take any reasonable and
financially prudent methods to collect on accounts, including       The Bar maintains separate funds for the general and
                                                                    designated operations of the Bar and for its financial welfare.
accounts of members of the Bar, that are 90 days past due.
                                                                    The separate funds are the General Fund, the Client Security
Subsection 7.105 Write-offs                                         Fund, the Affirmative Action Program, Legal Services and all
The Executive Director has the authority to write off bar           sections funds. A distinct and separate fund balance will be
                                                                    maintained for each fund.
receivables that he or she has determined are uncollectable
or for other financial reasons should be written off. In the        Subsection 7.301 General Fund
calendar quarter after the fiscal year end, the Chief Financial     The General Fund will maintain cash reserves sufficient to
Officer will prepare a list of all receivables over $500 that the   assure fulfillment of obligations to the membership and
Executive Director has written off. The list will be submitted to   provide funds for unforeseen future contingencies. The
the Board at the first meeting of the second calendar quarter.      reserves will be used to sustain an acceptable level of
The list should include the reason for the write-off.               operation and continue service to the membership if the
Section 7.2 Annual Budget                                           standard level of operations is interrupted by unforeseen
                                                                    events. It is also used to offset the effects of an operational
The Executive Director will develop a draft annual budget for
                                                                    reversal until expenditures can be adjusted and to fund
review and approval by the Budget and Finance Committee.
                                                                    specific future capital enhancements and improvements in
The Budget and Finance Committee will submit its
                                                                    the operation of the Bar.
recommendation for final approval to the Board.
Subsection 7.200 Approval by Board of                               Subsection 7.302 Reserve Funds
Governors                                                           Separate reserve funds will be established and maintained for
                                                                    the general operating fund and the Board-authorized capital
After the annual budget is adopted, the Board must approve a
                                                                    reserve fund, defined as follows:
substantive programmatic change not anticipated or included
in the budget.                                                      (a) General Operating Reserve Fund: Established and
                                                                    maintained within the annual budget to assure continued
Subsection 7.201 Contingency Fund                                   operation of the Bar in the event of a non-dues revenue
A contingency fund will be established within the annual            reversal or a catastrophic event.
operating budget of the Bar, as a line item equal to one            (b) Capital Reserve Fund: established by policy decisions
percent of the annual expenditure budget. The contingency           based on predetermined activities to replace, replenish
fund is to be used for unanticipated expenditures that were         or preserve capital assets or capital improvements that
not identified in the normal budget process. All expenditures       are purchased or made infrequently, to meet current
from the contingency fund must be approved by the Board.            regulatory requirements or provide enhanced services to the
Subsection 7.202 Approval by Supreme Court                          membership. Capital reserve items are capital assets that
                                                                    cost more than $5,000 or items whose implementation or
The Board will establish each year the budget of the Bar’s
                                                                    purchase extend into more than one fiscal year or whose
discipline and Minimum Continuing Legal Education
                                                                    purchase is planned for a future year.
programs in conjunction with the budgets of the other
activities of the Bar. The discipline and Minimum Continuing        (c) Each fund will maintain a separate and distinct level of
Legal Education components of the Board’s preliminary               cash reserves, although the reserve funds may be merged
budget for the following year must be submitted to the              for investment purposes to obtain a higher return on the total
Chief Justice of the Oregon Supreme Court for review and            funds invested. The operating reserve of the General Fund will
approval by the court. Any changes made by the court in             be a minimum of $500,000. The capital reserve level will be
the preliminary budgets of the Bar’s discipline and Minimum         determined by the Board based on predetermined activities.
Continuing Legal Education programs must be incorporated            Section 7.4 Investment Policy
into the final budget approved by the Board.
                                                                    Subsection 7.400 Purpose
Subsection 7.203 Grants
                                                                    This investment policy is established to provide direction
The bar does not accept proposals for grants or other               and limits for the Bar’s investment manager in investing all
contributions to non-profit or charitable organizations,            cash assets held by the Bar. The funds are to be invested in a
including law-related organizations. The bar may provide            manner that ensures the protection of the Bar’s cash assets
financial support to the Classroom Law Project (CLP) and the        and provides a dependable source of operating revenue. The
Campaign for Equal Justice (CEJ) or any other organization          investment objectives are in order of importance: to ensure the
that, in the sole discretion of the Board of Governors, furthers    safety of the assets, to ensure sufficient liquidity and to obtain
the mission of the bar. The amount allocated to any such            the highest possible rate of return. The policy consists of
organization is determined in the consideration and adoption        objectives for the Bar’s short-term and long-term investments.
of the bar’s annual budget and may change from year to year
                                                                    The objective of the Short-term Investment policy is to provide
based upon the overall financial needs of the bar.
                                                                    for short-term investment of cash to be used within the Bar’s
                                                                    current fiscal year, generally one year or less. The objective


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shall be to minimize or eliminate risk while achieving a            strategies. The selection and allocation of funds to individual
reasonable yield within the range of short-term expectations.       statement managers will be made by the Committee.
The objective of the Long-term Investment policy is to provide      Committee Meetings. The investment manager(s) shall
for long-term growth and stability of all reserves, designated,     prepare quarterly reports of the portfolio’s performance.
and contingency funds. The funds are invested to maximize           The Committee will meet at least quarterly to monitor the
the return on the investment, consistent with an appropriate        performance of the assets.
level of risk and subject to the generation of adequate current
income. This investment fund shall be diversified to provide        Performance Standards. The investment committee will
reasonable assurance that investment in a single security,          evaluate investment managers using a number of factors
a class of securities, or industry will not have an excessive       including performance relative to the most applicable
impact on the Bar. Long-term investment strategy should             benchmarks, quality of communications with the investment
achieve reasonable yields while minimizing exposure to risk.        committee, and adherence to the Bar’s investment policy.
Subsection 7.401 Investment Management                              Annual Review. This investment guidelines and policies shall be
The Executive Director or the Chief Financial Officer is            reviewed at least annually by the Budget & Finance Committee.
authorized and directed to deposit, sell, convert or withdraw       Subsection 7.402 Approved Investments
cash on deposit in excess of that required for current operations
and to invest those funds in accordance with the Bar’s              Investments will be limited to the following obligations and
investment policy using expert advice and assistance as he or       subject to the portfolio limitations as to issuer:
she may require. The Bar will maintain a list of all authorized     (a) The State of Oregon Local Government Investment Pool
institutions that are approved for investment purposes.             (LGIP) no percentage limit for this issuer.
Management and Monitoring of Performance                            (b) U.S. Treasury obligations - no percentage limitation for this
Investment Committee. An “Investment Committee”                     issuer.
consisting of members of the Budget & Finance Committee             (c) Federal Agency Obligations - each issuer is limited to
and the Bar’s Chief Financial Officer shall monitor the             $250,000, but not to exceed 25 percent of total invested
investment policy and portfolio.                                    assets.
Investment(s). The Committee may engage one or more                 (d) U.S. Corporate Bond or Note - each issuer limited to
fee-for-service investment managers with varying styles
                                                                    $100,000.
and expertise and delegate individual investment decisions
to such investment managers within the guidelines of this           (e) Commercial Paper - each issuer limited to $100,000.
policy and the specific direction of the Committee. The             (f) Mutual funds that commingle one or more of the approved
investment managers may contact the designated liaison of           types of investments.
the Committee, who shall be the Bar’s Chief Financial Officer
                                                                    (g) Mutual funds of U.S. and foreign equities and not
between meetings of the Committee to implement or suggest
changes in investments or strategy. If necessary, the Committee     including individual stock ownership.
may meet by telephone to consider changes in investments or

 Security                                                           Minimum Credit Quality
 Interest bearing deposits of banks, savings and loans and          The issuing financial institution must be rated “well
 credit unions                                                      capitalized” as defined by the financial institution’s regulator.
                                                                    Those that are not “well capitalized” will be limited by the
                                                                    level of their deposit insurance.
 Obligations issued or guaranteed by U.S., local, city and state    A-/A3 as defined by Standard & Poor’s and Moody’s
 governments and agencies
 Money Market Funds                                                 The issuing financial institution must be rated “well
                                                                    capitalized” as defined by the financial institution’s regulator.
                                                                    Those that are not “well capitalized” will be limited by the
                                                                    level of their deposit insurance.
 Obligations issued or guaranteed by the U.S. Federal               Not applicable
 government
 Obligations issued or guaranteed by U.S. Federal agencies          AAA/AAA as defined by Standard & Poor’s and Moody’s
 Obligations issued or guaranteed by U.S.                           AAA/AAA as defined by Standard & Poor’s and Moody’s
 government-sponsored enterprises
 Obligations issued or guaranteed by local, city and state          A-/A3 as defined by Standard & Poor’s and Moody’s
 governments and agencies
 Obligations of U.S. corporations                                   A-/A3 as defined by Standard & Poor’s and Moody’s


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Subsection 7.403 Limitations                                        (c) Lodging:
At the discretion of the Budget & Finance Committee,                Actual cost for a moderately priced, double-occupancy room,
the entire investment portfolio may be invested in any              except when the location of the meeting or conference
combination of the Local Government Investment Pool,                requires other arrangements. Receipts for lodging must be
U.S. Treasury obligations or federal agency obligations.            attached to the reimbursement form.
The maturities of the investment obligations will be the            (d) Meals:
investment manager’s estimate of the Bar’s cash needs,
                                                                    Reimbursement for meals will be made at actual cost of the
subject to the specific fund liquidity requirements. No
                                                                    meal provided that the expense is supported by itemized
maturity period will exceed 84 months.
                                                                    receipts and meets the standard of reasonableness. A
Subsection 7.404 Prudent Person Standard                            request for reimbursement for meals without receipts will
The standard of prudence to be used by the investment               be reimbursed according to the rates published under the
manager in managing the overall portfolio will be the prudent       Federal Travel Regulations as put out by the U.S. General
investor rule, which states: “Investments shall be made with        Service Administration for federal government travel. Meals
judgment and care, under circumstances then prevailing,             purchased for members of the Bar or other persons in the
which persons of prudence, discretion and intelligence exercise     course of official bar business will be reimbursed at actual
in the management of their own affairs, not for speculation, but    cost with submission of itemized receipts and an explanation
for investment, considering the probable safety of their capital    provided it meets the standard of reasonableness. Official
as well as the probable income to be derived.”                      dinners of the Bar or law-related groups which staff, BOG
                                                                    members or volunteers and their spouses or guests are
Section 7.5 Expense Reimbursements                                  expected to attend will be paid for by the Bar and, if not, will
Subsection 7.500 General Policy                                     be eligible for reimbursement.
Bar employees and members of the Board of Governors,                (e) Miscellaneous Costs:
State Professional Responsibility Board, Disciplinary Board,        Telephone, postage, office expense, registration fees and
New Lawyers Division Board or any other special task force          other legitimate business expenses will be reimbursed at
or commission named by the Board of Governors will be               actual cost with submission of receipts or an explanation of
reimbursed for their expenses in accordance with this               the business purpose of the expense. Bar funds must not be
policy when acting in their official capacities. Expenses           used to pay the cost of alcoholic beverages.
of spouses or guests will not be reimbursed except as               Subsection 7.502 House of Delegates Meetings
specifically approved by the Board of Governors. Requests for
                                                                    (a) Elected delegates and ex officio delegates from sections
expense reimbursement must be received in the Accounting
                                                                    and local bars will be reimbursed for their transportation to
Department not later than 30 days after the expense has
                                                                    and from the annual HOD meetings. The reimbursement is
been incurred. If an expense reimbursement form is submitted
                                                                    limited to roundtrip mileage up to 400 miles at the allowable
more than 30 days after the expense is incurred, it must be
                                                                    IRS rate. Requests for mileage reimbursement must be
supported by an explanation for the delay. The Chief Financial
                                                                    submitted on a form approved by the Bar within 30 days after
Officer may deny any late-submitted request for which the
                                                                    the meeting.
justification is deemed insufficient. A person whose request
for reimbursement is denied may request that the Executive          (b) Public member delegates will be reimbursed for their
Director review the decision. Supporting documentation in           transportation, meals and lodging as provided in Subsection
the form of original receipts or copies of original receipts must   7.500 and 7.501.
be submitted with all requests for reimbursement of expenses        Section 7.6 Location of Office
while acting on official bar business.                              Unless otherwise ordered by the Board, the bar office will be
Subsection 7.501 Eligible Expenses                                  maintained in the Portland metropolitan area.
Eligible reimbursable expenses while on official business
include the following:
                                                                    Article 8 Public Records/Meetings
                                                                    Section 8.1 Public Records
(a) Out-of-State Travel:
Out-of-state travel for board members will be reimbursed for
                                                                    Subsection 8.100 General Policy
those persons and meetings set forth in the Bar’s annual            The records of the Bar are subject to public inspection in
budget or as otherwise approved by the Board of Governors.          accordance with the Public Records Law (ORS 192.4     10-192.502).
Employees must obtain prior approval of the Executive               Subsection 8.101 Public Record Requests and
Director prior to traveling out-of-state.                           Bar Fees for Public Records Searches and
(b) Transportation:                                                 Copies
Use of a personal automobile is reimbursed at the allowable         (a) The executive director will assign appropriate staff to
IRS rate. Airfare is reimbursed at the actual cost of coach         respond to requests for public records. The executive director
fare unless the flight is at least three hours and an upgrade       will advise the board of any public records disputes that are
                                                                    taken by the requestor to the attorney general for further
to business class can be obtained for $100 or less. Actual
                                                                    consideration.
cost of taxi, bus or other public transportation is reimbursable.
Actual cost of car rental at economy car rate when other            (b) The executive director will propose and the board will
transportation is not readily available.                            adopt a fee schedule for public records requests. The fee


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schedule will include a per-page charge for paper records             (b) The following records are exempt from disclosure and will
and a schedule of charges for staff time in locating records;         not be open to public inspection except as might otherwise
reviewing records to delete exempt material; supervising              be required by law:
the review of original records; summarizing, compiling, and           (1) Investigative assignments made by Disciplinary Counsel or
tailoring records to the request; and any related activity            the SPRB to a Local Professional Responsibility Committee or
necessary to respond to requests for public records.                  other investigator, to the extent they cover other than purely
(c) The fee schedule shall be reasonably calculated to                factual materials.
reimburse the bar for the actual cost of making the records           (2) Investigative reports or summaries concerning pending
available. The charges for staff time shall be computed on            Client Assistance Office, disciplinary or reinstatement
the basis of the actual salary of the employee or employees           matters prepared by the Client Assistance Office, Disciplinary
engaged in responding to a particular public records request.         Counsel’s Office, a Local Professional Responsibility
(d) The bar may estimate charges for delivering the requested         Committee, a bar investigator or the SPRB prior to a finding
documents and require the requestor to pay the estimated              of probable cause in the matter, to the extent that they cover
charges prior to the start of staff work to respond to the            other than purely factual materials.
request. If the estimated cost of producing the records is $25        (3) The work product of bar counsel or Disciplinary Counsel.
or more, the bar will provide the estimate in writing and will        (4) Communications between the Client Assistance Office
take no action on the request until the requestor confirms that       and Disciplinary Counsel’s Office, between bar counsel
the bar should proceed. Any estimated fees paid in advance            and Disciplinary Counsel’s Office and between Disciplinary
that exceed the actual cost of the search and production of           Counsel and the SPRB, regarding the merits of a prosecution
public records will be refunded.                                      or relating to matters of strategy to the extent they are
(e) The bar may furnish copies of public records without              privileged under OEC 503.
charge or at a substantially reduced fee if the executive             (5) Information of a personal nature submitted to the bar
director or department manager determines that the waiver             during a Client Assistance Office or disciplinary investigation,
or reduction of fees is in the public interest because making         a reinstatement proceeding, pursuant to BR 3.2, 3.3 and
the record available primarily benefits the general public.           3.4 or otherwise, if the requirements of ORS 192.502(2)
(f) Public records shall be made available in alternative formats     have been met. “Information of a personal nature” includes
to qualified individuals with disabilities at no additional or at a   but is not limited to physical and mental health records, tax
reduced cost, provided that compliance with the request will          returns, trust and other bank account numbers, social security
not result in undue financial or administrative burden.               numbers, fingerprint cards, and credit reports.
Subsection 8.102 Public Disclosure of Client                          (6) Communications between General Counsel’s Office and
Assistance Office, Discipline Counsel’s Office                        the board, individual board members, the executive director or
and Disciplinary Board Clerk Records                                  bar staff that are protected by the attorney-client privilege.
(a) Except as provided otherwise herein, the following                (7) Other records that the bar deems exempt from disclosure
records of Client Assistance Office, Disciplinary Counsel’s           under the Public Records Law.
Office and the Disciplinary Board Clerk are open to                   (c) The Board of Governors may direct that member discipline
inspection on request:                                                histories be posted on the bar’s web site or otherwise
(1) Letters inquiring or complaining about the conduct                electronically. The nature of the information included and
of any member of the bar and all material submitted by                the period covered will be as determined by the Board of
inquirers, complainants, accused lawyers and other persons to         Governors from time to time.
the bar relating to such inquiries or complaints.                     Section 8.2 Public Meetings
(2) All correspondence by bar employees with inquirers,               All regular and special meetings of the Board, committees,
complainants, accused lawyers, witnesses and other persons            sections, and subcommittees or subsections thereof, are
in the course of a disciplinary or Client Assistance Office           subject to the Public Meetings Law (ORS 192.610-192.690).
investigation.
                                                                      Subsection 8.202 Judicial Proceedings
(3) Investigative reports and summaries concerning pending            (a) Disciplinary and contested reinstatement hearings and
Client Assistance Office, disciplinary and reinstatement              hearings conducted pursuant to Title 3 of the Rules of
matters prepared by Client Assistance Office Counsel,                 Procedure, are open to the public, subject to the authority
Disciplinary Counsel, a Local Professional Responsibility             of the presiding official to maintain proper decorum and to
Committee, the SPRB or a bar investigator, to the extent they         exclude witnesses at the request of the Bar, an accused or
cover purely factual materials.                                       applicant. Panels of the Disciplinary Board and any presiding
(4) The completed minutes of SPRB meetings.                           official will comply with UTCR 3.180 when presented with
(5) The formal complaint against a member of the bar, the             requests to allow media coverage of proceedings.
accused lawyer’s answer and all other documents in formal             (b) Meetings of Local Professional Responsibility Committees
proceedings filed with the Disciplinary Board Clerk pursuant          and the SPRB, and the deliberations of Disciplinary Board trial
to the Rules of Procedure or statute.                                 panels are closed to the public, pursuant to the exemption set
(6) Letters of admonition issued by the SPRB when offered to          forth in ORS 192.690(l) for judicial proceedings.
an accused by Disciplinary Counsel.

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(c) Meetings of the Board of Governors relating to disciplinary     Section 9.3 Change in Region
and reinstatement matters are closed to the public, pursuant        If a member changes his or her principal office address
to the exemption set forth in ORS 192.690(1) for judicial           to another region between the time the ballot is sent and
proceedings. Meetings of the Board of Governors may also be         the date of the election and the member supplies the
closed to the public in whole or part for consideration of any      Executive Director with satisfactory notice and proof of the
matter for which a closed session is authorized under ORS           change within 15 days before the date of the election, the
192.660.                                                            member will be entitled to vote from the region of his or her
                                                                    new principal office address. The member will surrender
Article 9 Election Procedures                                       the written ballot, if any, that was previously mailed to the
Section 9.1 Date of Elections                                       member. The Executive Director will, on request and receipt
The election for members of the Board of Governors will be          of the notice and proof of change of address, supply the
held annually on the third Monday in October. Bar members           member with a proper written ballot or access to the bar’s
who wish to appear on the ballot must present a nominating          electronic voting process for the member’s new region.
petition signed by at least 10 members entitled to vote for the     Section 9.4 Voting
nominee to the executive director of the Bar at least 160 days
                                                                    Paper ballots must be deposited with the Executive Director
before the election.
                                                                    in an envelope marked “ballot”, but which bears no other
In the case of an uncontested election for the Board of             distinguishing marks. The envelope must be sealed and
Governors, a candidate will be declared elected thirty-one          enclosed in an envelope addressed to the Executive Director
days after the final day on which nominating petitions for the      on which there will be blanks for the member’s name,
Board are required to be filed, provided that a challenge has       principal office address and signature. The Executive Director
not been filed pursuant to ORS 9.042. If a challenge has been       will have the custody of the ballots after they are submitted.
filed, the candidate will be declared elected at the end of that    Any member of the Bar will be permitted to be present
process unless the challenge is successful.                         while the ballots are canvassed. The Executive Director will
The election for members of the OSB House of Delegates will         announce the results of the balloting and will notify each
be held annually on the third Monday in April. Bar members          candidate of the results of the election. Electronic ballots will
who wish to appear on the ballot must present a nominating          be available to members eligible to vote by using a secure
petition signed by at least 10 members entitled to vote for the     link to an online ballot. The candidate statements and photos
nominee to the executive director of the Bar at least 30 days       will be electronically distributed. Ballots will be tabulated
before the election. The nominating petition for a delegate         electronically using a secure voting system to assure no
from the region composed of all areas not located in this state     duplicate entries.
need only be signed by the candidate for the position
The election for representatives to the ABA House of                Article 10 Diversity
Delegates will be held annually on the third Monday in              The Bar respects the diversity of its membership and its
April in conjunction with the election to the OSB House of          employees. Bar entities, including, but not limited to standing
Delegates. Bar members who wish to appear on the ballot             committees, section executive committees and Continuing
must present a nominating petition signed by at least 10            Legal Education programs and publications, should reflect
members entitled to vote for the nominee to the executive           this diversity. “Reflect,” as used in this article, does not
director of the Bar at least 30 days before the election.           require the application of strict quotas, but requires a
                                                                    good faith attempt to achieve representative participation.
Section 9.2 Ballots
                                                                    Reports of such efforts may be required of bar entities. In
The Executive Director will prepare ballots whenever a contest      addition, no bar entity may discriminate on the basis of
exists and the ballots will be accompanied by a one-page            race, religion, color, gender, sexual orientation, geographic
statement that includes the candidate’s name, law firm,             location, age, handicap or disability, marital, parental or
principal office address, current full-face photograph, law         military status or other classification protected by law. No
school from which graduated, date of admission in Oregon,           professional, business or social functions of the Bar, or any
state and local bar activities, offices and other pertinent         of its sections, committees, affiliates or other authorized
information. The statements must be provided on a uniform           entities may be held at any private or public facility,
form prepared by the Bar, which will also indicate that the         which discriminates, based upon the terms listed above.
information supplied by the candidate has not been edited           Furthermore, advertisements or solicitations for employment
or verified by the Bar. A request for a nominating petition         must offer equal employment opportunities. The United
and candidate’s statement or the submission thereof will be         States Armed Forces are exempt from this policy as it regards
considered public information. When a member entitled to            advertisements in the bar’s communications.
vote has not received a ballot or when the ballot has been
lost or destroyed, the Executive Director will supply another                1
                                                                    Article 1 Communications
ballot on receipt of satisfactory proof of non-receipt, loss or
destruction of the original ballot. Ballots may be a paper ballot            1.1
                                                                    Section 1 General Policy
or an electronic ballot.                                            Communications of the Bar and its constituent groups
                                                                    and entities, including printed material and electronic
                                                                    communications, should be germane to the law, lawyers, the
                                                                    practice of law, the courts and the judicial system, legal

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education and the Bar in its role as a mandatory membership         profession; providing law improvement assistance to elected
organization. Communications, other than permitted                  and appointed government officials; issues involving the
advertisements, should advance public understanding of the          structure and organization of federal, state and local courts
law, legal ethics and the professionalism and collegiality of the   in or affecting Oregon; issues involving the rules of practice,
bench and Bar.                                                      procedure and evidence in federal, state or local courts in or
                                                                    affecting Oregon; or issues involving the duties and functions
         1.2
Section 1 Editorial Policy                                          of judges and lawyers in federal, state and local courts in or
The Executive Director may establish editorial standards            affecting Oregon.
for bar communications and material permitted by the
Bar to be included in its communications concerning                 Section 12.2 Initiation of Legislation
such matters as advertising, political communication,               Subsection 12.200 House of Delegates and
profanity and obscenity, letters to the editor, use of artwork,
                                                                    Membership
photographs and illustrations, story placement, headlines
and scheduling, advertising content and rates and similar           The Bar must sponsor legislative proposals approved by
topics. The Executive Director has sole discretion to determine     the House of Delegates or through a membership initiative
whether material submitted meets the standards set forth            to the Legislative Assembly directly following the House or
in or adopted pursuant to this policy and to accept or reject       membership action. Legislation not enacted may not be
material submitted to the Bar for publication based on that         sponsored in the following session unless resubmitted by one
determination. Editorial standards must comply with Article         of the methods set forth above or by action of the Board.
10 Diversity.
                                                                    Subsection 12.201 Board of Governors
         1.3
Section 1 Media Relations                                           The Board may sponsor legislative proposals to the Legislative
The Bar will be responsive to the needs of the media and will       Assembly on its own initiative. The Board and its Public
identify persons to speak for the Bar. All statements made          Affairs Committee has the authority between meetings of
to the media, whether oral or by news release, must be              the House of Delegates to act on legislative and public policy
informational in nature and must avoid statements of personal       matters pursuant to the guidelines established.
opinion or positions not considered or adopted by the Board.
The President is the official chief spokesperson for the Bar.
                                                                    Section 12.3 Legislative Process
If public appearances or statements by the chairperson or           Because of the nature of the legislative process, the Board or
other officer or member of any bar committee are deemed             its Public Affairs Committee retains the right to set priorities
necessary, prior authority must be obtained in advance from         regarding the enactment of legislation, to propose amendments
the President.                                                      or consent to amendments to legislation and to sponsor or take
                                                                    positions on appropriate legislation. In so doing, the Board will
         1.4
Section 1 Campaign Advertisements                                   make a reasonable effort to do the following:
Judicial candidates and candidates for Board of Governors,          Encourage as wide a participation of the membership as
House of Delegates and American Bar Association positions           possible in formulating positions on legislative issues; inform
may advertise at standard charges in the Bar Bulletin, but          members, especially sections and committees, of the Bar’s
partisan political advertising is not allowed. Partisan political   legislative positions; respect divergent opinions of subgroups
announcements or endorsements will not be accepted for              within the legal profession; provide assistance to bar sections
publication as letters to the editor or feature articles.           and committees; avoid committing bar funds to issues that
Section 1 Membership Surveys and
         1.5                                                        are divisive or result in creating factions within the profession;
Questionnaires                                                      present major issues to the House of Delegates for approval;
                                                                    ensure that the Public Affairs Committee encompasses a
Any survey or questionnaire to all members of the Bar from
                                                                    balance of interest within the Bar and ensure that the Public
a section or non-bar person or group must have the prior
                                                                    Affairs Committee consults frequently with the Board.
approval of the Board regarding purpose and content.
A survey to specific groups of the membership from bar staff        Section 12.4 Committees and Sections
must have the prior approval of the President or President-         Any committee or section wishing to sponsor legislation or
elect. A survey to all members of the Bar must have the prior       take a position on any rule or public policy issue will inform
approval of the President or President-elect.                       the Public Affairs Program, and through that office, the Board,
A section may survey its own membership without prior approval.     of the exact nature of the legislation proposed. A copy of the
                                                                    bill, proposed rule or policy will be presented for consideration
Article 12 Legislation and Public Policy                            and approval of the Board. A committee or section of the
                                                                    Bar may not represent to the legislature or any individual,
Section 12.1 Guidelines                                             committee or agency thereof, a position or proposal or any
Bar legislative or policy activities must be reasonably             bill or act, as the position of that committee or section of
related to any of the following subjects: Regulating and            the Bar without the majority approval of the members of
disciplining lawyers; improving the functioning of the              that committee or, in the case of a section, the executive
courts including issues of judicial independence, fairness,         committee and the prior approval of the Board, except as
efficacy and efficiency; making legal services available to         follows. During a legislative session or during the interim, a
society; regulating lawyer trust accounts; the education,           bar committee or the executive committee of any section
ethics, competence, integrity and regulation of the legal           must contact the Bar’s Public Affairs Program before

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taking any position on a bill, rule or public policy issue within   will designate the arbitrator. The arbitrator will promptly
its general subject area. The chair of the Board’s Public           arrange for an informal hearing on the objection, which
Affairs Committee will determine, within 72 hours of notice         may be held at the Oregon State Bar Center or at another
of the issue, whether it is appropriate for the Bar to take an      location in Oregon that is acceptable to the parties and the
official position or to allow the section or committee to take a    arbitrator. The hearing will be limited to the presentation
position as requested. The full Public Affairs Committee or the     of written information and oral argument by the Bar and
full Board may be consulted before a final decision is made.        the objecting member. The arbitrator will not be bound by
Bar staff and the Public Affairs Committee of the Board will        rules of evidence. The presentation of witnesses will not be
make every effort to accommodate committees and sections            a part of the hearing process, although the arbitrator may
that wish to express positions on relevant issues. The Public       ask the state bar representative and the objecting member
Affairs Program shall be kept informed about the status of          and his or her lawyer, if any, questions. The hearing may be
such positions and related activities.                              reported, but the expense of reporting must be borne by
                                                                    the party requesting it. The Bar and the objecting member
Section 12.5 Professional Liability Fund Legislation                may submit written material and a legal memorandum to
The Professional Liability Fund (“PLF”) may not present to the      the arbitrator no later than seven days before the hearing
legislature or any individual, committee or agency thereof, a       date. The arbitrator may request additional written material
position or proposal or any bill or act, as the position of the     or memoranda from the parties. The arbitrator will promptly
PLF without the majority approval of the Board of Directors         decide the matter, applying the standard set forth in Keller
of the PLF and the prior approval of the Board of Governors,                                                  10
                                                                    v. State Bar of California, 496 U.S. 1, 1 S. Ct. 2228, 1 L.10
except as is provided in Section 12.4 of the Bar’s Bylaws.          Ed. 2d 1 (1990), to the expenditures to which the member
                                                                    objected. The scope of the arbitrator’s review must solely be
Section 12.6 Objections to Use of Bar Dues                          to determine whether the matters at issue are acceptable
Subsection 12.600 Submission                                        activities for which compulsory fees may be used under
A member of the Bar who objects to the use of any portion           applicable constitutional law. In making his or her decision,
of the member’s bar dues for activities he or she considers         the arbitrator must apply the substantive law of Oregon and
promotes or opposes political or ideological causes may             of the United States Federal Courts. The arbitrator must file
request the Board to review the member’s concerns to                a written decision with the Executive Director within 14 days
determine if the Board agrees with the member’s objections.         after the hearing. The arbitrator’s decision is final and binding
Member objections must be in writing and filed with the             on the parties. If the arbitrator agrees with the member’s
Executive Director of the Bar. The Board will review each           objection, the Bar will immediately refund the portion of
written objection received by the Executive Director at its next    the member’s dues that are reasonably attributable to the
scheduled board meeting following receipt of the objection.         activity, with interest at the statutory rate paid on the amount
The Board will respond through the Executive Director in            from the date that the member’s fees were received to the
writing to each objection. The Board’s response will include        date of the Bar’s refund. If the arbitrator agrees with the Bar,
an explanation of the Board’s reasoning in agreeing or              the member’s objection is denied and the file in the matter
                                                                    closed. Similar or related objections, by agreement of the
disagreeing with each objection.
                                                                    parties, may be consolidated for hearing before one arbitrator.
Subsection 12.601 Refund
If the Board agrees with the member’s objection, it will            Article 13 Pro Bono
immediately refund the portion of the member’s dues that are        Section 13.1 Aspirational Standard
attributable to the activity, with interest paid on that sum of
                                                                    Pro bono publico or pro bono service includes all
money from the date that the member’s fees were received to
                                                                    uncompensated services performed by lawyers for the public
the date of the Bar’s refund. The statutory rate of interest will
                                                                    good. Such service includes civic, charitable and public
be used. If the Board disagrees with the member’s objection,
                                                                    service activities; as well as activities that improve the law,
it will immediately offer the member the opportunity to
                                                                    the legal system and the legal profession. The direct provision
submit the matter to binding arbitration between the Bar            of legal services to the poor, without an expectation of
and the objecting member. The Executive Director and the            compensation, is one type of pro bono service. Each lawyer
member must sign an arbitration agreement approved as to            in Oregon should endeavor annually to perform 80 hours of
form by the Board.                                                  pro bono services. Of this total, the lawyer should endeavor
Subsection 12.602 Arbitration                                       to devote 20 to 40 hours or to handle two cases involving
                                                                    the direct provision of legal services to the poor, without
If an objecting member agrees to binding arbitration, the
                                                                    an expectation of compensation. If a lawyer is unable to
matter will be submitted to the Oregon Senior Judges
                                                                    provide direct legal services to the poor, the lawyer should
Association (“OSJA”) for the designation of three active-status
                                                                    endeavor to make a comparable financial contribution to an
retired judges who have previously indicated a willingness to
                                                                    organization that provides or coordinates the provision of
serve as volunteer arbitrators in these matters. The Bar and
                                                                    direct legal services to the poor.
the objecting member will have one peremptory challenge
to the list of arbitrators. The Bar and the objecting member
must notify one another of a peremptory challenge within
seven days after receiving the list of proposed arbitrators.
If there are no challenges or only one challenge, the OSJA

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Section 13.2 Program Certification                                  can acknowledge the volunteer efforts of Oregon lawyers,
                                                                    particularly those lawyers who provided at least 40 hours
Subsection 13.200 Procedure
                                                                    of pro bono services through programs certified under this
In order for a pro bono program to obtain bar certification, the    policy. In so doing, the Board will seek input from bar staff
program must submit an application and meet the applicable          and appropriate bar committees.
criteria set forth below. The Bar’s Executive Director
determines whether a program is eligible for certification and      Subsection 13.202 Volunteer Recognition
this determination is final.                                        Recognition under this paragraph is intended to provide
                                                                    encouragement, in tangible form, to those Oregon Pro Bono
Subsection 13.201 Criteria
                                                                    programs and their volunteer lawyers, who help meet the
(a) Purpose:                                                        need for legal services by providing direct representation
The pro bono program must be sponsored by a national,               to low-income individuals. As part of its annual planning
state or local bar association, a court with jurisdiction in        process, the Board will consider the ways in which the Bar
Oregon or an incorporated, non-profit or governmental               can acknowledge the volunteer efforts of Oregon lawyers,
organization, and must provide legal services without fee, or       particularly those lawyers who provided at least 40 hours
expectation of fee, or for a substantially reduced fee to one       of pro bono services through programs certified under this
or more of the following:                                           policy. In so doing, the Board will seek input from bar staff
Persons of limited means.                                           and appropriate bar committees.
Underserved populations with special legal needs.
                                                                    Article 14 Committees
Charitable, religious, civic, community, governmental and
educational organizations in matters which are designed             Section 14.1 Standing and Special Committees
primarily to address the needs of persons of limited means or       Standing or special committees of the Bar or any member or
underserved populations with special legal needs.                   officer of those committees may be appointed or discharged
(b) Compensation:                                                   by the President or the Board.
The pro bono program must not provide any compensation              Section 14.2 Joint Committees
to the participating lawyers, except to cover filing fees or        The Board has from time to time agreed to create joint
other out-of-pocket expenses or to provide professional liability   committees between the Bar and other professional groups
insurance for the pro bono activity.                                to develop better understanding between the two groups
(c) Fees:                                                           and to assist in resolving problems of mutual concern. These
The pro bono program must deliver legal services to                 joint committees comprise a certain number of bar members
clients at no fee or for a substantially reduced fee. Nominal       and a certain number of members of other professional
administrative fees are allowed. Donations from clients,            associations. All Bar Bylaws relating to committees apply to
whether encouraged or not, are not considered fees. The pro         these joint committees. Lawyer members who participate in
bono program should prohibit or limit the handling of cases         these joint committees are prohibited from engaging in any
that are clearly fee-generating, and provide for the referral of    activity that seeks to restrain other groups of professionals
such cases.                                                         from engaging in lawful professional activities.
(d) Quality Control:                                                Section 14.3 Committee Responsibilities
The program must demonstrate that it has the necessary              Committees are established so that members can
expertise and quality control to administer a program               study issues within the committee’s charge and make
involving volunteer lawyers. This should include appropriate        recommendations to the Board. Before January 1 of each
matching of pro bono lawyers to cases, an effective grievance       year the Board will forward a committee charge to the chair
procedure and adequate tracking and record keeping systems          of each committee. This charge outlines the committee’s
regarding pro bono involvement.                                     ongoing general activities as well as specific issues to be
(e) Diversity:                                                      considered for the year. The Board will consult with the
                                                                    previous committee members before adopting the committee
The program must comply with Article 10 of the Bar’s Bylaws
                                                                    charge. Committees may also recommend issues to the Board
(Diversity), both in regard to participating lawyers and clients.
                                                                    to be included in the charge at any time.
(f) Professional Liability Coverage
The program will provide professional liability coverage
                                                                    Section 14.4 Membership
for otherwise uncovered attorney volunteers when those              All members of standing committees must be active members
attorneys provide legal services to pro bono clients.               of the Bar. All members of standing committees typically
                                                                    serve on a three-year rotating basis. The Board may reappoint
Subsection 13.202 Volunteer Recognition                             members to a committee, if the Board makes a finding of
Recognition under this paragraph is intended to provide             extraordinary circumstances that warrant a reappointment.
encouragement, in tangible form, to those Oregon Pro                Each year the Board appoints new members constituting one
Bono programs and their volunteer lawyers, who meet the             third of each committee. Terms begin on January 1. The Board
need for legal services by providing direct representation          will solicit member preference for serving on committees
to low-income individuals. As part of its annual planning           throughout the year. The Board appoints members to fill
process, the Board will consider the ways in which the Bar          vacancies that occur throughout the year. These vacancies

62                                                                                                1
                                                                                               201 Board of Governors Handbook
occur because members resign or are unable to participate         consider creating a section when it receives the petition and
fully in the committee. The board may appoint advisory            determines that the proposed section does not duplicate
members or public members, as it deems appropriate.               another section’s activities or area of legal interest. The Board
                                                                  may merge, reorganize or abolish sections at the request of
Section 14.5 Financial Issues                                     affected sections or as the Board deems appropriate. Factors
Committees have no budget; although they may make                 that the Board must consider include, but are not limited to,
recommendations regarding the expenditure of funds already        the section’s membership falling below 100 members, failure
budgeted in a particular program area. A committee cannot         to conduct Continuing Legal Education activities or failure to
incur any expense without prior authorization from the            hold regular meetings.
Executive Director.
                                                                  Section 15.3 Bylaws
Section 14.6 Legislation
                                                                  Sections are governed by the Standard Section Bylaws
Each committee must designate a member of the committee           adopted by the Board. Sections may propose and the Board
as a contact for legislative information and involvement. This    may approve, modified bylaws commensurate with the
member is to work with and coordinate all activities with the     section’s needs.
Director of Public Affairs and the Public Affairs Committee of
the Board.                                                        Section 15.4 Finances
Section 14.7 Administrative Services                              Subsection 15.400 Dues
The Bar’s meeting rooms will be available on a first-come         The Bar will assess and collect section dues at the same
first-served basis. All committees are encouraged to use the      time that bar membership dues are collected. Section dues
Bar’s meeting rooms whenever possible. The Bar will assist        will be assessed and collected together with bar dues by
committees with providing meeting notices in accordance           the Bar. The Board must approve the dues for each section.
with the requirements of the Public Meetings Law. If the Bar      Each section should set dues at an appropriate level to pay
does not produce the meeting notice, the committee member         for programs and activities. The Bar charges each section a
who produces the notice must provide a copy to the Bar.           per capita fee equal to 50 percent of the cost of providing
The Bar will assign a bar liaison to each committee. The bar      services to the sections. This fee is recalculated periodically
liaison serves as a resource of information for the committee.    as determined by the Executive Director. No section may
Each committee will have a contact person who is a member         maintain a separate bank account. Each section’s receipts
of the Board. It is not anticipated that the board member will    and expenditures are handled by the Bar and accounted for in
attend the meetings of the committee on a regular basis.          the section’s monthly financial statement provided by the Bar.
                                                                  Interest on section accounts accrues to the Bar’s General Fund
Section 14.8 Committee Reports                                    and is used to offset the calculation of the per capita fee.
Each committee must file an annual report of its activities
with the Executive Director for the preceding year by             Subsection 15.401 Donations
December 1 of each year. Other reports may be required from       Sections may make donations to charitable causes only
time to time.                                                     with prior approval of the Executive Director. The Executive
                                                                  Director will allow such donations only on a showing by
Section 14.9 Quorum for Meetings                                  the prospective donee that the donation of section funds
A quorum, consisting of a majority of the committee               to the charitable entity is related to the purposes for which
members, is required for the transaction of committee             the section exists. For sections that are not entirely self-
business. No recommendation of a committee to the Board           supporting, as described in Article IX, Section 5(B) of the
of Governors is valid if made without a quorum present, but       Standard Section Bylaws, the prospective donee must also
the absence of a quorum does not preclude a committee             show that the donation fits within the limitations set forth in
from studying or discussing any issue within the committee’s      Section 12.1 of the Bar’s Bylaws.
charge. Action of the committee will be by majority vote of
those voting.                                                     Section 15.5 Administrative Services
                                                                  Special services of the Bar that are not included in the
Article 15 Sections                                               calculation of the per capita assessment may be made available
                                                                  at cost to the sections upon adequate notification to and
Section 15.1 Purpose                                              negotiation with the Bar. Sections must give the Bar the first
Sections are an integral and important part of the Bar.           opportunity to provide the necessary publications production
Sections are intended to provide bar members who share            support services before contracting with outside organizations
particular interests an opportunity to develop and improve        or individuals. Sections seeking to contract for any goods or
skills and to provide a forum for communication and action in     services with outside organizations or individuals must contact
matters of common interest.                                       the General Counsel’s office of the Bar for preparation of
Section 15.2 Formation                                            appropriate contract documents and must obtain the Executive
                                                                  Director’s prior approval of all such contracts.
Any 100 members of the Bar who wish to form a section in
a particular area of law may submit a petition to the Board
to create a section. The petition must state that the signators
are committed to becoming members of the section, if
the Board approves forming the section. The Board must

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Section 15.6 Continuing Legal Education                            Section 16.2 OSB Continuing Legal Education
Activities                                                         Seminars Program
Subsection 15.600 CLE Publications and                             Subsection 16.200 Reduced and
Seminars Scheduling                                                Complimentary Registrations
The Bar, is the informational clearinghouse for the CLE            Complimentary admission to CLE seminars is available to
activities of each section. Each section should advise the Bar’s   the following OSB lawyer members: lawyer-legislators, 50-
CLE Publications and Seminars Departments of any proposed          year members, judges, and judicial clerks. Complimentary
CLE activities at the earliest possible date and in accordance     admission does not include the cost of lunch or other
with timelines established by the CLE Committee.                   fee-based activities held in conjunction with a CLE seminar.
                                                                   For purposes this policy, “judges” means full or part-time
Subsection 15.601 CLE Event Co-sponsorship                         paid judges and referees of the Circuit Courts, the Court of
with Bar                                                           Appeals, the Tax Court, the Supreme Court, and of tribal and
If a section decides to seek co-sponsorship for a CLE event, it    federal courts within Oregon. Complimentary registration at
is encouraged to first contact Bar’s CLE Seminars Department.      any event for judicial clerks will be limited to one clerk for each
If the CLE Seminars Department is unavailable to co-sponsor        trial court judge and two clerks for each appellate court judge
the seminar event, the section then may seek co-sponsorship        Reduced registration fee, tuition assistance and complimentary
with other organizations. The CLE Seminars Department will         copies of programs may be available to certain attendees, in
establish policies for bar co-sponsorship of section CLE events.   the sole discretion of the CLE Seminars Director
These policies will address issues such as event revenues and
expenses, topic, speakers, date and location.
                                                                   Subsection 16.201 Expenses of Speakers and
                                                                   Planners
Subsection 15.602 Oregon State Bar Logo                            CLE seminar speakers and planners will be admitted free
A section that plans a seminar or a publication without the        to the seminar and receive seminar materials without
Bar’s co-sponsorship must indicate clearly on all publicity,       charge. CLE seminar speakers and planners are eligible for
printed seminar materials and publications that the seminar or     reimbursement for necessary travel expenses subject to the
publication is a section endeavor and the sponsoring section.      Bar’s travel reimbursement policies.
The section must not use the Oregon State Bar logo or the
phrase Oregon State Bar CLE. A section that plans a seminar        Section 16.3 OSB Legal Publications Program
without the Bar’s co-sponsorship is responsible for applying for   Subsection 16.300 Benefit of Membership
Minimum Continuing Legal Education credit for the seminar.         The BarBooks™ online library comprises all Legal Publications
Section 15.7 Grants                                                products as well as other materials as the Bar deems
                                                                   appropriate to include from time to time. BarBooks™ is a
Sections may apply for grants only with prior approval of the
                                                                   benefit of active membership in the Oregon State Bar and is
Board of Governors. The board will allows grant applications
                                                                   available for purchase by inactive members, non-members,
only upon a showing that the grant activity is consistent with
                                                                   and libraries.
the section’s purposes and the mission of the bar. The board
may disallow any application that the board does not believe       Subsection 16.301 Discounts on Print Books
is in the best interests of the bar. The grant application must    Discounts on the purchase of OSB print legal publications,
be reviewed and approved by OSB General Counsel before             when available, will be allowed to the following: Law school
submission to the grant-making organization. Any grant funds       bookstores, law professors when teaching a course using
received by a section shall be deposited with the bar and          the particular publication, libraries, and members of the Bar
will be distributed only upon request of the section treasurer     within one year following their admission.
and in accordance with the grant specifications. The section
must periodically report to OSB General Counsel regarding          Subsection 16.302 Volunteer Copyright
the status of the grant project and any reports to the granting    Agreement
organization must be reviewed and approved by OSB General          Each volunteer author of a legal publication will sign a
Counsel in advance of submission.                                  Volunteer Copyright Agreement under which the author
                                                                   retains the copyright in his or her chapter, and grants to the
Article 16 Continuing Legal Education                              Oregon State Bar a non-exclusive right to include the chapter
                                                                   within the Publication as a collective work; to use, distribute,
Section 16.1 Purpose
                                                                   or sell the collective work in any manner the OSB deems
The mission of the Bar’s CLE Seminars and Legal Publications       appropriate; to revise the collective work, including his or her
programs is to produce high quality, practical CLE Seminars,       chapter, for use, distribution or sale as a subsequent edition
books, and resources on Oregon law in a timely manner,             of the collective work, a revision of the collective work, or as
with a goal of ensuring a competent bar by enhancing the           an entirely new publication; with the Oregon State Bar and
knowledge and skills of Oregon lawyers.                            its licensees having similar rights to use, distribute, or sell the
Except as otherwise provided herein, participating members         collective work in any manner they deem appropriate.
of the Bar will not receive compensation for services on behalf
of CLE Seminars or Legal Publications, beyond a modest
memento or other recognition and payment of expenses
within board guidelines.

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Article 17 Member Services                                         Counsel’s office and with appointed counsel for the Bar and
                                                                   that an accused must not contact a member of the Board of
Section 17.1 Administrative Services                               Governors, the SPRB, any Local Professional Responsibility
Administrative services, such as mailing services, mailing lists   Committee or any other employee, agent or representative of
and labels and photocopying will be provided to member and         the Bar regarding the matter.
nonmember groups at the cost of providing the service or
product. Priority is given to official bar business.               Subsection 18.104 Disclosure of Contacts
                                                                   If a complainant, an accused or their representatives contact
Section 17.2 Insurance                                             a SPRB member concerning the merits of a disciplinary
Providers of Bar-sponsored insurance may use the Bar’s logo        complaint, the SPRB member contacted must make a full
in their advertising and promotional material with the prior       disclosure of the nature of the contact before the SPRB takes
approval of the Executive Director. They may also indicate         action on the complaint.
approval or endorsement by the Board in such material if
the Board has approved or endorsed the insurance. Inactive         Section 18.2 Letters of Admonition
membership status does not affect the eligibility of a member      (A) A disciplinary investigation, whether in response to
for bar-sponsored insurance.                                       a complaint filed with the Bar or otherwise instituted as
                                                                   authorized by law, may be terminated after investigation by
Section 17.3 Bar-sponsored Tours                                   the SPRB’s issuing a letter of admonition.
The Bar may not enter into any agreement concerning, nor may       (B) An admonition does not constitute the imposition
it sponsor or co-sponsor, any travel or tour arrangement, by       of formal discipline. An admonition is, however, a public
charter or otherwise, without the prior approval of the Board.     statement that the lawyer’s conduct, in the opinion of the
                                                                   SPRB, violated the Rules of Professional Conduct of the Bar.
Article 18 Discipline                                              (C) An admonition may be issued, at the discretion of the
Section 18.1 State Professional Responsibility Board               SPRB, only when a Rule of Professional Conduct has been
                                                                   violated and if in light of all circumstances, the violation was
Subsection 18.100 Duties
                                                                   not aggravated, but was of sufficient concern that dismissal
The State Professional Responsibility Board (“SPRB”) is            would be inappropriate.
authorized to exercise its powers and authority pursuant
                                                                   (D) The procedure for issuing letters of admonition is provided
to statute, the rules of procedure and the Bar’s bylaws.
                                                                   in the Rules of Procedure. If accepted, a letter of admonition will
The SPRB will meet regularly pursuant to the call of the
                                                                   be placed in the lawyer’s personal file maintained by the Bar.
chairperson to consider complaints and other matters within
its jurisdiction. The SPRB will receive the counsel and advice     Section 18.3 Recovery of Costs/Collection of
of the Office of Disciplinary Counsel of the Bar. Disciplinary     Judgments
Counsel will regularly report to the Board of Governors            The bar will pursue, as feasible, collection of those costs and
regarding actions taken by the SPRB. The SPRB may proceed          disbursements for which a judgment was awarded to the Bar
with business if a quorum of five members is present at any        in a disciplinary or reinstatement proceeding.
meeting and act by a vote of a majority of those present.
                                                                   Section 18.4 Disciplinary Correspondence
Subsection 18.101 Composition
                                                                   Members of the Board of Governors or other bar officials may
The SPRB will consist of seven resident active members of the      receive occasional correspondence related to disciplinary
Bar and two at large public members appointed by the Board         matters. All such correspondence, including letters from
of Governors. The Board of Governors annually will appoint         complainants or accused lawyers, must be forwarded to
one member of the SPRB to act as its chairperson. All lawyer       Disciplinary Counsel for response. Disciplinary Counsel need
members of the SPRB are appointed for terms of not more            not send a copy of any response to the board member or bar
than four years from the following regions: two members from       official to whom the initial correspondence was addressed.
region five and one member from each of the other Board of         Any correspondence alleging an ethics complaint about
Governors regions. The two public members are appointed            Disciplinary Counsel or General Counsel must be sent directly
for terms of not more than four years. No member may serve         to the chairperson of the SPRB pursuant to BR 2.6(g), with a
more than four years. The Board of Governors may replace           copy to the staff member named in the complaint.
members of the SPRB as the need arises.
                                                                   Section 18.5 Removing Lawyers from the Lawyer
Subsection 18.102 Expenses                                         Referral Service Panel of Lawyers
All members of the SPRB will receive the same                      Members of the Bar against whom charges of misconduct
reimbursement of expenses as is accorded the members of            have been approved for filing will be removed from the
the Board of Governors.                                            Lawyer Referral Service panel of lawyers until those charges
Subsection 18.103 Notice to the Accused                            have been resolved. If a member is suspended as a result
                                                                   thereof, the member may not be reinstated to the panel until
Disciplinary Counsel will notify the accused as soon as
                                                                   the member is authorized to practice law again. Charges of
possible after the SPRB has directed the institution of a formal
                                                                   misconduct include those authorized to be filed pursuant to
disciplinary proceeding against the accused. The notice will
                                                                   BR 3.4.
contain a statement that all communications on the merits
of the matter must be restricted to the lawyers in Disciplinary

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Section 18.6 Suspension of Service                               Subsection 19.102 Ethics Advice to
Subsection 18.600 Applicability to BOG, LPRC                     Bar Members
and SPRB                                                         General Counsel’s office will endeavor to assist bar members
                                                                 in analyzing the ethics of the inquirer’s prospective conduct
The service of members of the Board of Governors, local
                                                                 and may provide reactions to the questions presented.
professional responsibility committees, and the State
                                                                 Ethics questions and responses thereto are not confidential
Professional Responsibility Board against whom charges
                                                                 and communications with General Counsel’s office are not
of misconduct have been approved for filing by the State
                                                                 privileged. No attorney-client relationship is intended or
Professional Responsibility Board is suspended until the         created by such communications with the Bar. Members
charges filed against them have been resolved. If a member       submitting ethics questions must specify a deadline by which
is suspended as a result thereof, the member may not resume      they need a response from the Bar. General Counsel’s office
service on the board or committee until the member is once       will endeavor to meet the member’s deadline, but General
again authorized to practice law or as otherwise provided        Counsel’s office always has at least three business days after
by ORS 9.025(5)(a). Charges of misconduct include those          receiving a member’s question to provide a written response
authorized to be filed pursuant to BR 3.4.                       to the member.
Section 18.601 LPRC and SPRB Replacements                        Subsection 19.103 Application of Oregon
In the case of a local professional responsibility committee     RPC 8.6
or the State Professional Responsibility Board, the Board of     For Oregon RPC 8.5 to apply to a request for ethics
Governors may appoint a temporary replacement to serve           assistance, a member must put his or her ethics question
until the member suspended under this bylaw is again able to     in writing. “In writing” includes letters, faxes or e-mails.
serve. The temporary replacement will have the same rights       General Counsel’s office will respond in writing, by fax,
and responsibilities as any other member of the entity.          e-mail or regular mail, as time allows. The Bar will retain all
Section 18.602 Board of Governors Replacement                    written ethics assistance requests and General Counsel’s
                                                                 office responses for at least five years and those requests are
Upon the suspension of a member of the Board of Governors
                                                                 public records. General Counsel’s office has the discretion to
pursuant to Bar Bylaw 18.6, the board will promptly notify all
                                                                 decline to provide a written response, if it determines that the
members from the affected region. Sixty days after the date
                                                                 question should be considered by the Legal Ethics Committee
of suspension, the board will seek the advice of the members
                                                                 due to the difficulty, complexity or novelty that the question
of the House of Delegates from the region whether to appoint
                                                                 raises or the difficulty or complexity of an appropriate
a temporary replacement for the suspended member, and if
                                                                 response. Members must provide General Counsel’s office
so, the name of a suggested temporary replacement who is
                                                                 and the Legal Ethics Committee with accurate, and as
qualified. If a name is suggested, the board will appoint the
                                                                 complete as possible, explanations of the facts underlying
suggested candidate as the temporary replacement effective       their ethics questions. General Counsel’s office may ask the
at the next regularly scheduled board meeting. The temporary     inquirer to submit additional or clarifying information and the
replacement will serve under the same terms and conditions       timeframe for response as set forth in Subsection 19.102 of
as the suspended member until the suspension is lifted or the    the Bar’s Bylaws does not begin until General Counsel’s office
term of the board member ends.                                   receives the requested information.

Article 19 Legal Ethics Questions and Opinions                   Section 19.2 Limitation of Advice
                                                                 Responses and opinions provided by General Counsel’s office,
Section 19.1 General Counsel’s Office
                                                                 the Legal Ethics Committee and the Board of Governors are
Subsection 19.100 Submission and Questions                       limited to and deemed to address only the facts as submitted
All legal ethics questions from members or the public            by the inquirer.
regarding the propriety of a course or act of professional
                                                                 Section 19.3 Legal Ethics Committee
conduct or the intent or interpretation of a rule or statute
regulating the professional conduct of members of the Bar        Subsection 19.300 Response to Inquiries
must be submitted or referred to General Counsel’s office.       A bar member may request that a question be submitted to
Legal ethics questions may be submitted in writing by mail,      the Legal Ethics Committee. The chair of the Committee will
e-mail, fax or by telephone.                                     assign those requests and questions submitted directly to the
                                                                 Committee to one or more committee members to prepare
Subsection 19.101 Determination by                               a response. Inquiries submitted to the Committee should
General Counsel                                                  be anonymous, insofar as possible. To preserve anonymity,
General Counsel’s office will determine whether the              if the facts are inadequate to permit the formulation of an
matter appears to present or involve a question of ethics or     opinion or a direct answer, General Counsel’s office may ask
professional conduct and whether it states facts sufficient      for submission of necessary additional facts. On receipt of
to permit the formulation of an opinion based on the             those additional facts, General Counsel’s office will promptly
facts stated. General Counsel’s office may ask the inquirer      submit them to the assigned member of the Committee.
to submit necessary additional facts or may advise the           The Committee may, in its discretion, write opinions on
inquirer that no question of ethics or professional conduct is   subjects that the Committee believes would be helpful to the
presented or involved.                                           membership, whether or not the Committee receives a

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specific inquiry on the subject. Such opinions will be handled      (E) “Agency” means any federal, state or local agency having
in the same fashion as opinions based on specific questions.        an interest in or responsibility for the investigation of acts or
                                                                    conduct that concern or are related to acts or conduct that
Subsection 19.301 Formal Opinion Process                            may represent the unlawful practice of law.
The Committee will review and discuss all responses prepared
                                                                    (F) “Accused” means the person or persons who are the
by individual members and will, by majority vote, determine
                                                                    subject of a complaint to the committee.
whether the response should be referred to the Board of
Governors to be issued as a formal opinion or whether it            (G) “Complaint” means the matter, thing or occurrence
should be issued by the Committee as a letter of direct             that represents a file opened by the Committee for the
advice to the inquirer. The Committee will establish and will       investigation of an accused person or any person or activity
periodically review guidelines for determining the appropriate      associated with one or more accused persons under the
form of response. Members may use formal opinions and               allegations contained in a file or any activity related thereto.
letters of direct advice issued by the Committee in the same        Section 20.2 Practices Subject to Investigation
manner and to the same effect under Oregon RPC 8.6 as
                                                                    The following conduct by persons who are not members of
written responses from General Counsel’s office. When the           the Bar is subject to investigation by the Committee, pursuant
Committee approves an opinion and recommends formal                 to ORS 9.164:
publication, General Counsel’s office will place a copy of the
opinion on the Board’s next meeting agenda. All dissents,           (A) Use of stationery or other written material describing the
comments of substance or minority opinions will also be             person as a lawyer.
placed on the Board’s agenda. The Board will review the             (B) Appearance on behalf of another in court or administrative
proposed opinion and either approve it for formal publication,      proceedings without statutory authority.
refer it back to the Committee for further study or revision or     (C) Correspondence on behalf of another when the
direct that no opinion be issued in the matter. The Board may       correspondence is a jurisdictional prerequisite for legal action
also distribute the opinion to the membership for comment           or customarily precedes legal action, such as demand letters.
before making a final decision. All opinions that the Board         (D) Negotiation on behalf of another for the settlement of
designates to be issued as formal opinions will be published        pending or possible legal actions.
in Oregon Formal Ethics Opinions (OSB 2005) and on the
Bar’s website.                                                      (E) Drafting or selecting documents for another or giving
                                                                    advice to another in regard thereto when informed or trained
Article 20 Unlawful Practice of Law                                 discretion must be exercised in selecting or drafting a
                                                                    document to meet the needs of another.
Section 20.1 Definitions                                            (F) Any exercise of an intelligent choice or informed discretion
For the purpose of these Rules of Procedure, the following          in advising another of his or her legal rights or duties.
definitions apply:
                                                                    (G) Representing to the public that the person is authorized to
(A) “Committee” means the Unlawful Practice of Law                  practice law.
Committee of the Oregon State Bar.
                                                                    (H) Use of printed or electronic materials, advertisements or
(B) “Unlawful practice of law” means the practice of law, as        other solicitations describing services that can reasonably be
defined by the Oregon Supreme Court, by persons who are             construed as legal services.
not members of the Bar and are not otherwise authorized             (I) Any other action for another that requires legal skill
by statute to do so. It is unlawful for a person who is not an      or judgment.
active member of the Bar to engage in the practice of law
within the State of Oregon, whether or not for compensation         Section 20.3 Practices Not Subject to Investigation
or in connection with any other activity, unless specifically       The Committee may decline to investigate allegations of
authorized by law or rule. The practice of law includes, but is     unlawful practice of law in the following instances: When
not limited to, any of the following: Holding oneself out, in any   the allegations of unlawful practice of law are not made to
manner, as an attorney or lawyer authorized to practice law in      the Committee in writing or when the allegations of unlawful
the State of Oregon; appearing, personally or otherwise, on         practice of law consist only of printed or electronic materials,
behalf of another in any judicial or administrative proceeding      advertisements or other solicitations describing services that
or providing advice or service to another on any matter             cannot reasonably be construed as legal services.
involving the application of legal principles to rights, duties,
                                                                    Section 20.4 Practices Subject To Prosecution
obligations or liabilities.
                                                                    The Committee may request the Board to authorize a suit,
(C) “Documents” includes, but is not limited to, contracts,         pursuant to ORS 9.166, to enjoin unlawful practice of law when
deeds, mortgages, satisfactions, leases, options, certificates      after investigation by the Committee, it appears that: There is at
of assumed business name, articles of incorporation and             least one person, identified by the Committee, who has been
other corporate documents, bulk-sales affidavits, wills, trusts,    injured by a person unlawfully practicing law, who has received
notes and pleadings and other papers incident to legal              legal services from a person who is not a member of the Bar or
actions and special proceedings.                                    who has personal knowledge of facts constituting the unlawful
(D) “Investigator” means a member of the Unlawful Practice          practice of law or the unlawful practice of law is an ongoing
of Law Committee assigned to investigate a complaint of             activity; or an accused in any other respect has violated ORS
unlawful practice of law.                                           9.160. The Committee may, at its discretion, for good cause,

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decline to request authorization from the Board to enjoin the       Subsection 20.702 Dispositions
unlawful practice of law pursuant to ORS 9.166 in favor of other    (a) Dismissal without prejudice.
resolutions provided in these rules.
                                                                    This disposition is appropriate when the accused is found not
Section 20.5 Practices Not Subject to Prosecution                   to have committed the unlawful practice of law. Actions to be
The Committee may, at its discretion, decline to request            taken at the discretion of the committee:
authorization to enjoin unlawful practice of law pursuant to        (b) Notice Letter.
ORS 9.166 when, after investigation by the committee, it            This disposition is appropriate when insufficient facts exist
appears that: The unlawful practice of law is not an ongoing        to establish that the accused has committed the unlawful
activity; the investigator has been unable to obtain sufficient     practice of law, but the accused’s activities are such that the
evidence to substantiate the allegation of unlawful practice        Committee believes it appropriate to notify the accused of the
of law or the investigator has been unable to obtain sufficient     provisions of ORS 9.160
evidence to support a suit for injunction pursuant to ORS
                                                                    (c) Admonition letter.
9.166. The investigator may, after authorization by vote of
a majority of the Committee, conclude an investigation by           This disposition is appropriate when the accused is found to
negotiating an agreement with an accused wherein the                have committed the unlawful practice of law, but the practice
accused agrees to discontinue the unlawful practice of law.         is neither ongoing nor likely to recur.
The agreement will be subject to and not become effective           (d) Resolution by agreement.
until approval by the Board.                                        This disposition is appropriate when the accused is found to
Section 20.6 Other Investigators                                    have committed the unlawful practice of law, but is willing to
                                                                    enter into an agreement to discontinue the unlawful practice
The Committee may recommend hiring a person who is not a
                                                                    of law. The agreement is subject to and does not become
member of the Committee to perform further investigation on
                                                                    effective until approved by the Board of Governors.
consideration of the following factors: The number of persons
who have been injured by a person unlawfully practicing law         (e) Referral to Board of Governors for prosecution under
or who have received legal services from a person who is            ORS 9.166.
not a member of the Bar; the probable nature and extent of          This disposition is appropriate when the accused is found
damages to the persons receiving legal services from a person       to have committed the unlawful practice of law, the practice
who is not a member of the Bar; the need for additional             is ongoing or likely to recur and the accused is unwilling to
facts and witnesses to substantiate the allegation of unlawful      enter an agreement to discontinue the unlawful practice of
practice of law for the purpose of a suit for injunction pursuant   law; or, for any other reason, the Committee concludes that
to ORS 9.166 and the recommendation of the investigator and         prosecution under ORS 9.166 is warranted.
the Committee’s inability to compel discovery.                      (f) Appointment of Outside Investigator or Referral to Other
                                                                    Agency.
Section 20.7 Processing Unlawful Practice of Law
Complaints                                                          This disposition is appropriate when the Committee is
                                                                    unable to obtain sufficient information to make an informed
Subsection 20.700 Investigation                                     recommendation and elects to continue with the investigation.
On receiving a complaint of unlawful practice of law meeting
the requirements of Section 20.2 of the Bar’s Bylaws,               Subsection 20.703 Actions of Unlawful
the committee chairperson will assign the complaint a               Practice of Law Committee
case number and assign it to a committee member for                 The Committee will consider reports of investigations at
investigation. The committee member will review the                 its first meeting after submission of a report. On a vote
documentation accompanying the complaint and will                   of a majority of members, a quorum being present, the
contact the complainant, affected parties and witnesses.            Committee must: Adopt the report as written or modify the
The committee member may not employ any methods in                  report or continue the matter for further investigation and
his or her investigation that do not comply with the Rules          revisions to the report. The committee chairperson must
of Professional Conduct. Within 60 days after receiving a           document in writing the Committee’s final findings and
complaint of unlawful practice of law, the investigator will        disposition of each complaint. The chairperson or his or her
report findings in writing to the Committee. The chairperson        delegate, must, in writing, inform the complainant and the
of the Committee may grant extensions of time to submit a           accused of dismissals without prejudice. An admonition letter
report of investigation as the chairperson deems reasonable.        authorized by the Committee gives notice to the accused that
The investigator’s final report must contain proposed findings      the Committee found evidence of a violation of ORS 9.160,
and a recommended disposition.                                      but that the Committee concluded further action by the Bar
                                                                    is not warranted and that the Committee intends to close its
Subsection 20.701 Findings                                          investigation of the complaint. The letter further advises an
The accused did not commit the unlawful practice of law, the        accused that the accused may, in writing, refuse to accept
accused committed the unlawful practice or the Committee            the admonition or request the Committee to reconsider its
was unable to obtain sufficient information to make an              conclusion that ORS 9.160 was violated. If an accused rejects
informed recommendation without further assistance from             an admonition or requests reconsideration, the Committee
a person who is not a member of the Committee or from an            may dismiss the complaint without prejudice, issue a notice
agency other than the Bar.                                          letter, issue a revised admonition letter acceptable to the

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accused or refer the complaint to the Board for prosecution            Article 21 Client Security Fund
under ORS 9.166. On a vote of a majority of members of the             The Executive Director or General Counsel of the Bar will
Committee, a quorum being present, a complaint of unlawful             continue, as feasible, collection efforts in each instance in
practice of law must be referred to the Board for authorization        which Client Security Fund (“CSF”) money is paid out. In each
to file an action under ORS 9.166.                                     of these cases, the Bar will obtain an assignment of judgment
Subsection 20.704 Board of Governors                                   in the amount paid out. The status of any such outstanding
                                                                       judgments shall be reviewed at least annually by the CSF
On authorization by the Board to pursue an action under ORS
                                                                       Committee and the Board.
9.166, the Bar may obtain counsel to prosecute the action
and will report periodically to the Committee and Board on
the status of the litigation. Counsel for the Bar may settle
                                                                       Article 22 Fee Arbitration
unlawful practice litigation before or after the filing of a circuit   (A) The Bar may provide for a fee arbitration procedure
court complaint by way of agreement with the accused to                whereby fee disputes between attorneys maintaining offices
discontinue the unlawful practice of law. The agreement is             in Oregon and their clients or other attorneys are submitted
subject to and does not become effective until approved                to arbitration panels for resolution. Such a procedure shall
by the Board. To the extent necessary, the Committee will              be administered through General Counsel, pursuant to rules
assist counsel with preparing and continuing investigation of          approved by the Board.
matters approved for action under ORS 9.166.                           (B) The Bar’s fee arbitration procedure is a private, contract
                                                                       dispute resolution mechanism and not the transaction of
Subsection 20.705 Prevention and Education                             public business.
The unlawful practice of law statutes cannot be adequately
                                                                       (C) Except as provided in (E) below, or unless all parties to an
enforced by investigation and prosecution alone. Prevention of
                                                                       arbitration agree otherwise: all records, documents, papers,
unlawful practice of law is also a focus of committee activity.
                                                                       correspondence and other material submitted by the parties
When the Committee becomes aware of a person or entity
                                                                       to General Counsel or to an arbitration panel during the
engaged in activities likely to involve the unlawful practice of
                                                                       course of an arbitration proceeding and any award rendered
law based on the Committee’s experience, the Committee
                                                                       by an arbitration panel is not subject to public disclosure.
may send a cautionary letter to the person or entity regarding
the limits of the law on the provision of legal services.              (D) Arbitration hearings conducted pursuant to the Bar’s fee
                                                                       arbitration procedure will be closed to the public unless all
Subsection 20.706 Records                                              parties to an arbitration agree otherwise. Witnesses who will
When the investigation of a complaint is concluded, the                offer testimony on behalf of a party may, however, attend the
investigator must deliver all records and documents created or         arbitration hearing.
obtained in the investigation to the Bar.                              (E) Notwithstanding subsection (B), (C) and (D), arbitrators
Subsection 20.707 Other Agencies                                       must disclose to Disciplinary Counsel any knowledge
                                                                       obtained during the course of an arbitration proceeding of
The Committee may refer to, cooperate with or consult other
                                                                       an apparent violation of the Rules of Professional Conduct
agencies whether federal, state or local having an interest in
                                                                       or ORS Chapter 9 committed by an attorney and all records,
the subject matter of any complaint before the Committee
                                                                       documents, papers, correspondence and other material
or having information or resources that would benefit the
                                                                       submitted to General Counsel or to the arbitration panel
Committee’s investigation. Referral to, joint prosecution with or
                                                                       during the course of the proceeding and any award rendered
requests for information or investigation are appropriate under
                                                                       by the panel must be made available to Disciplinary Counsel
circumstances that include, but are not limited to the following:
                                                                       for the purpose of investigating alleged ethical violations.
(a) When the allegations concerning a claim of unlawful
practice of law would also support or form a part of an                Article 23 Professional Liability Fund
activity prohibited by law, ordinance or statute; whether civil
or criminal and recognized as a responsibility of the applicable       Section 23.1 Board of Directors
federal, state or local agency.                                        The Professional Liability Fund (“PLF”) will conduct its
(b) When the person accused of the unlawful practice of                business through a Board of Directors appointed by the Board
law or a person acting with the accused, is or has been the            of Governors. The PLF Board consists of nine members, seven
subject of an investigation, action, injunction or other similar       of which must be active, resident members of the Bar and
review by a federal, state or local agency and the matter              two of which must be non-lawyers. The terms of office of
complained of relates directly or indirectly to the matter,            PLF Board members is five years, as staggered by the Board
person or activity reviewed or investigated.                           of Governors, with the term of office of each board member
                                                                       beginning on January 1 of each year. The Board of Governors
(c) Whenever an agency, on review of the allegations before            may remove any member of the PLF Board without cause and
the Committee as to an accused, indicates a desire to pursue           must fill the positions that become vacant as expeditiously
further investigation alone or in combination with the Bar.            as possible to ensure continuity in the governance of the PLF.
(d) Whenever the agency has or is likely to have, information          Persons appointed to fill vacancies on the Board of Directors
regarding the complaint, the accused or parties acting with            serve the unexpired term of the member who is replaced. If a
the accused.                                                           replacement appointment to an unexpired term is for two (2)
                                                                       years or less, the Board of Governors may thereafter reappoint
                                                                       that person to a term of up to five years. In considering the

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length of the reappointment, the Board will take into account      (d) One or more of the Board’s PLF liaisons must make a report
the experience level of the PLF Board of Directors and the         at each meeting of the Board of Governors regarding the
effect on the rotation cycle of the Board of Governors.            significant activities of the PLF and any matters regarding the PLF
                                                                   requiring action by or the attention of the Board of Governors.
Section 23.2 Authority
                                                                   (e) The Board of Governors’ PLF liaisons are responsible
The Board of Governors vests in the Board of Directors of the
                                                                   for keeping the Board advised of the activities of the PLF
PLF the authority that is necessary and convenient to carry
                                                                   to ensure good communications between the Board of
out the provisions of ORS 9.080 relative to the requirement
                                                                   Governors and the PLF Board of Directors and to ensure that
that all active members of the Oregon State Bar in the private
                                                                   the Board is fully informed of the background and rationale
practice of law in Oregon carry professional liability coverage,
                                                                   for all PLF bylaw, policy, coverage plan, and assessment
the establishment of the terms of that coverage and the
                                                                   recommendations to it. The Board’s PLF liaisons must not
defense and payment of claims under that coverage. The
                                                                   participate in the consideration of any specific PLF claim
Board of Directors of the PLF must recommend to the Board
                                                                   or other confidential PLF matter except as provided in PLF
of Governors appropriate requirements for PLF coverage and
                                                                   Policy 4.250(D) (Bar and/or Board of Governors is/are named
amounts of money that active members in the private practice
                                                                   parties in an action).
of law will be assessed for participation in the PLF.
                                                                   Subsection 23.501 Reports
Section 23.3 Operation
                                                                   The PLF must regularly provide to the BOG the following:
Subject to the authority of the Board of Governors to take
the action that is authorized by ORS 9.080 and its authority       (a) All financial statements when completed;
to amend these policies to provide otherwise, the Board            (b) All minutes of meetings of the Board of Directors of the
of Directors of the PLF has sole and exclusive authority           PLF or committees of the Board of Directors, excepting the
and responsibility to operate and manage all aspects of            parts that are made confidential by Oregon Revised Statues;
the PLF. The Board of Directors of the PLF has authority to        (c) All reports of investment performance and changes
adopt its own bylaws and policies to assist it in conducting       in investments;
the business of the PLF. No PLF bylaw, coverage plan, or
assessment, or amendment thereto, can take effect until            (d) All proposed changes in the primary and excess coverage
approved by the Board of Governors. The policies of the            plans with an explanation of the reasons for and effects of the
PLF must be consistent with the Bar’s Bylaws regarding the         changes;
PLF and will be effective on approval by the PLF Board of          (e) On or before September 1 of each year, the proposed
Directors, subject to review and ratification by the Board of      assessments for primary and excess coverage along with the
Governors within 60 days after notice of the policies has been     actuarial reports and the information described in Subsection
given to the Board of Governors.                                   23.600 of the Bar’s Bylaws to enable the Board of Governors
                                                                   to understand and evaluate the proposed assessments;
Section 23.4 Reports
                                                                   (f) All closed claim reports prepared in a manner consistent
The PLF must present an annual report to the bar
                                                                   with the confidentiality requirements of ORS 9.080(2)(a);
membership at the annual meeting of the House of Delegates
and must report periodically to the membership.                    (g) All projections, forecasts, prospective financial statements
                                                                   and the like prepared by or for the PLF;
Section 23.5 Relationship with the Board                           (h) Any other information that the Board of Governors may
of Governors                                                       request to assist it in discharging its responsibility to the
Subsection 23.500 Liaisons                                         membership of the Bar.
(a) It is the goal of the Board of Governors that there be         Subsection 23.502 Release of Information
free, open, and informal communication between the Board           All requests by the Board for confidential claim file
of Governors and PLF Board of Directors. Constructive              information from the Professional Liability Fund must be
communication among Board of Governors members, bar                directed by the President of the Board of Governors to the
management, PLF Board of Directors members and PLF                 Chair of the PLF Board of Directors. No such material or
management is encouraged; however, in such communication           information will be released by the Board of Governors
it is recognized that the authority to manage the PLF is vested    without first receiving the approval for release from the Chair
in the PLF Board of Directors.                                     of the PLF Board of Directors. The Board of Governors must
(b) Each year the President of the Bar appoints the President-     coordinate and consult with the Chair of the PLF Board of
elect of the Bar, an additional lawyer member of the Board,        Directors before releasing public statements regarding the PLF
and one public member of the Board to serve as liaisons with       and its operations.
the PLF Board of Directors. The additional lawyer member
of the Board serves at least two years as liaison and will be      Subsection 23.503 Prohibition Against
replaced by a new lawyer member of the Board who will              Prosecuting Claims
serve at least two years.                                          (a) Board of Governors members will neither prosecute nor
(c) At least one of the Board’s PLF liaisons must be present at    defend PLF covered claims, but may mediate the claims at
each meeting of the PLF Board of Directors and each attending      the request of the parties.
Board of Governors PLF liaison must make every effort to           (b) The policy set forth in (a) above does not extend to the
attend those meetings in person rather than by telephone.          prosecution or defense of PLF covered claims by lawyers

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in board members’ firms, as long as the board member is              Subsection 23.506 Location of Office
screened from any form of participation or representation in         The physical location of the PLF will be determined by the Board
the matter. To ensure such screening:                                of Governors on recommendation of the PLF Board of Directors.
(1) The board member must prepare and file an initial
                                                                     Subsection 23.507 Staff Responsibility
affidavit with the Executive Director of the Bar attesting that
while his or her firm is handling a PLF covered claim, the           The Executive Director of the Bar and the bar staff have no
                                                                     responsibility or authority with respect to the management of
board member will not participate in any manner in the
                                                                     the PLF. However, because the PLF is a function of the Bar,
matter or the representation and will not discuss the matter
                                                                     the Executive Director and bar staff will cooperate with the
or the representation with any other firm member. The
                                                                     Board of Directors of the PLF, its Chief Executive Officer, and
board member must also prepare and submit a compliance
                                                                     staff in all areas of the PLF’s business and activities. Likewise,
affidavit to the Executive Director of the Bar describing the
                                                                     it is expected that the PLF Chief Executive Officer and staff will
board member’s actual compliance with these undertakings
                                                                     cooperate with the Bar, its Executive Director and staff in all
promptly on final disposition of the matter or representation.
                                                                     areas of the Bar’s business and activities. The Executive Director
(2) The board member’s firm must also prepare and file an            of the Bar will make the PLF aware of all personnel and other
initial affidavit with the Executive Director of the Bar attesting   policies of the Bar so that there may be uniformity for all bar
that all firm members are aware of the requirement that              functions recognizing, however, that the nature of the PLF may
the board member be screened from participating in or                justify deviations from such policies in certain circumstances.
discussing the matter or other representation. The firm must
also prepare and file with the Executive Director of the Bar a       Section 23.6 Assessment
compliance affidavit indicating the firm’s actual compliance
                                                                     Subsection 23.600 Principles
with the procedures for screening the board member
promptly on final disposition of the matter or representation.       The Board of Governors recognizes that assessments for
                                                                     coverage are derived by the prudent application of actuarial
(3) The initial affidavits called for by Subsection 23.503 (B)(1)    principles, responsible evaluation of past and present
and (2) Bar’s Bylaws must be filed with the Executive Director       operations and investments of the PLF and judgments about
of the Bar no later than 14 days following the acceptance of a       future revenue and losses. Assessments vitally affect the
case involving a PLF covered claim by a board member’s firm.         members of the Bar and the public, which must rely on the
Acceptance of a case for purposes of Subsection 23.503 is            general availability of a wide range of legal services. The PLF
the day that the attorney-client relationship is established.        has the responsibility to submit proposals to the Board of
The compliance affidavits required by Subsection 23.503 (B)          Governors for all recommended assessments supported by a
(1) and (2) must be filed with the Executive Director no later       report evidencing: The actuarial principles and assumptions
than 14 days following the final disposition of the matter or        used in the proposed assessment, the evaluations of the
representation.                                                      past and current operations and investments of the PLF with
(4) The compliance affidavits called for by Subsection 23.503        respect to their effect on the proposed assessment, the
(1)-(3) need not be filed with the Executive Director if a board     judgments and assumptions employed about future revenue
member’s term on the Board of Governors ends before the              and losses, and all other factors that the PLF believes will
final disposition of the matter or representation.                   or may affect the adequacy and appropriateness of the
                                                                     proposed assessment. The Board of Governors must review
(c) Nothing in this section relieves members of the Board
                                                                     the proposed assessment, the PLF’s reports, and such other
of Governors or their firms from ethical responsibilities,           information as may be appropriate. On completion of the
particularly those contained in Oregon RPC 1.7(a)(2).                review, the Board of Governors must adopt assessments that
Subsection 23.504 Annual Meeting                                     it reasonably believes to be actuarially prudent and reasonably
                                                                     believes will provide assurance of continued financial stability
The Board of Governors will invite the PLF Board of Directors
                                                                     of the PLF.
and the PLF management to meet annually with the Board
of Governors to: Discuss the results of the business of the          Subsection 23.601 Appeals by Members
PLF for the preceding calendar year; discuss the PLF’s               (a) Review by the Professional Liability Fund Board of Directors
long-range plans and goals; generally inform the Board of
                                                                     The PLF Board of Directors must establish and maintain a
Governors of the condition of the PLF and discuss matters of
                                                                     procedure to permit members to appeal to the PLF Board for
common interest to the Board of Governors and the PLF. The
                                                                     relief from any amount claimed by the appealing member to
meeting must include a report by the Personal and Practice
                                                                     have been improperly assessed against that member. The
Management Committee of the PLF pursuant to PLF Policy               procedure must assure that:
6.150(C). This meeting must occur as soon as practicable
after completion of the year-end financial reports of the PLF,       (1) All notices of assessments and invoices for assessments
or by April 1st of each year, whichever is earlier.                  to members include language that gives notice to the
                                                                     assessed member of the right to appeal to the PLF, the
Subsection 23.505 Audit                                              appeal procedure to be followed, and the time limits to
The Board of Governors may cause a special audit of the              perfect the appeal.
performance and financial statement of the PLF in addition to        (2) The PLF Board of Directors’ decision on appeal is
the statutory audit. Special audits are at the expense of the        communicated to the appealing member in writing by
general membership of the Bar.                                       certified mail or registered mail with return receipt requested,

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and that all written notices communicating denial of relief        (3) A request for Board of Governors review does not
requested on appeal must include the following language or         relieve a member from the obligation to pay the contested
its substantive equivalent:                                        assessment, nor does a review pending before the Board
“You have the right to request the Board of Governors of the       of Governors suspend or toll the default date or delay
Oregon State Bar to review the action by the PLF Board of          the imposition of late payment penalties or suspension
Directors in denying the relief requested by your petition. To     proceedings. If the Board of Governors review results in
be entitled to Board of Governors review, a written request        an adjustment to the assessment requiring a refund to the
for review must be physically received by the Executive            member, the PLF must pay the member an appropriate
Director of the Oregon State Bar within 30 days after the          refund together with statutory interest thereon.
date of this letter. The Executive Director’s address is PO
Box 231935, Tigard, OR 97281-1935. A request for Board of          Article 24 Attorney Assistance
Governors review constitutes and evidences your consent for        Section 24.1 Creation and Purpose
the Board of Governors and others designated by the Board          There is hereby created, pursuant to ORS 9.568, the State
to review all pertinent files of the PLF relating to you. Review   Lawyers Assistance Committee (“SLAC”) and the Professional
by the Board of Governors is de novo and on the record.            Liability Fund Personal and Practice Management Assistance
Only the grounds set forth in your petition to the PLF Board       Committee (“PLF-PPMAC”). The purpose of the SLAC is to
of Directors and the written materials that were available         supervise and assist lawyers whose performance or conduct
to the PLF Board of Directors will be reviewed, unless the         may impair their ability to practice law or their professional
Board of Governors, upon its own motion, requests additional       competence. The purpose of the PLF-PPMAC is to provide
materials from the member and from the PLF. The Board of           voluntary personal and practice management assistance to
Governors will notify you in writing of its decision and the       lawyers.
decision is final. A request for Board of Governors review
does not relieve you from paying the assessment, nor does          Section 24.2 Authority
a review pending before the Board of Governors suspend or          Subsection 24.200 State Lawyers Assistance
toll the default date. Please remember that you must pay your
                                                                   Committee
total assessment by the default date to avoid the imposition
of late payment penalties and suspension proceedings. If an        The SLAC has authority:
adjustment is necessary as a result of the review, you will        (a) To receive, review, investigate, process and resolve all
receive an appropriate refund together with statutory interest.”   complaints and referrals to SLAC regarding lawyers whose
(3) Assure that all steps necessary are taken by the PLF Board     performance or conduct may impair their ability to practice
of Directors and staff to facilitate the Board of Governors        law or their professional competence.
review of the action by the PLF Board of Directors in denying      (b) To require lawyers within SLAC’s jurisdiction to submit
relief requested in the petition.                                  to a professional assessment and diagnosis and to comply
(b) Review by the Board of Governors.                              with any remedial program that SLAC has established.
                                                                   A remedial program may include conditions on the law
(1) Any member who, after properly and timely filing a             practice and other law-related activities of any lawyer found
petition, is denied requested relief by the PLF Board of           to be within SLAC’s jurisdiction. Conditions may include,
Directors has a right to request the Board of Governors to         but are not limited to, requiring a lawyer to obtain medical
review the action of the PLF Board of Directors in denying         or psychological treatment at his or her expense and to
the relief requested in that petition. To be entitled to such      discontinue the practice of law and/or law-related activities
review, a written request for review must be physically            pending completion of such treatment.
received by the Executive Director of the Oregon State Bar
                                                                   (c) To monitor a lawyer’s compliance with the recommended
within 30 days after the date of the written notice from the
                                                                   measures of a remedial program.
PLF to the member denying the requested relief. Review by
the Board of Governors on a timely filed request is de novo        (d) To maintain records regarding a lawyer’s assistance referrals.
and on the record. In making the determination whether             (e) To prepare an annual report to the Board of Governors.
to affirm the action of the PLF Board of Directors, only the       (f) To recommend, for approval by the Board of Governors,
grounds asserted in the petition and written materials that        such rules as may be necessary to properly operate SLAC.
were available to the PLF Board of Directors will be reviewed,
unless the Board of Governors, on its own motion, requests         (g) To appoint local bar members as it may deem appropriate
additional materials from the member and from the PLF.             for carrying out the work and purpose of SLAC.

(2) The President of the Oregon State Bar must appoint a           Subsection 24.201 Professional Liability
committee of at least three of the members of the Board            Fund Personal and Practice Management
of Governors, which must meet and review the appropriate           Assistance Committee
materials and make a recommendation to the Board whether           The Professional Liability Fund Personal and Practice
to affirm the action of the PLF Board of Directors. The Board of   Management Assistance Committee (“PLF-PPMAC “) has the
Governors must make a determination and notify the member          authority to provide assistance to lawyers who are suffering
in writing of its decision, including any adjustment to the        from impairment or other circumstances that may adversely
assessment. The decision of the Board of Governors is final.       affect professional competence or conduct and may also
                                                                   provide advice and training to lawyers in practice

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management. The PLF-PPMAC may provide this assistance               Client Assistance Office, Oregon State Bar, P.O. Box 231935,
through the PLF’s Oregon Attorney Assistance Program and            Tigard, OR 97281.””
the Practice Management Advisor Program and by the use of           (b) If a referral is received from a member of the Bar, the
the PLF staff and volunteers.                                       letter required in paragraph (A) must also contain the
Section 24.3 Composition                                            following statement:
                                                                    “If you are a member of the Bar, please review Oregon RPC
Subsection 24.300 State Lawyers Assistance
                                                                    8.1(c) to determine whether you may have an independent
Committee                                                           obligation to contact the Bar.”
SLAC will be comprised of not more than 12 members,
                                                                    (c) The OSB Client Assistance Office and the OSB Disciplinary
including two public members, appointed by the Board
                                                                    Counsel may refer to SLAC the name of any lawyer whose
of Governors. Terms will be for four years or as otherwise
                                                                    performance or conduct appears to be impairing the lawyer’s
deemed necessary by the Board to maintain staggered terms
                                                                    ability to practice law or professional competence. The referral
and to fill vacancies. The lawyer members of SLAC will be
                                                                    will include a description of the circumstances and copies of
active members of the Bar reflecting as closely as possible
                                                                    any relevant documents. The State Professional Responsibility
the geographic distribution of bar members. The Board of
                                                                    Board may refer to SLAC any lawyer whose performance or
Governors will designate one of the lawyer members as chair
                                                                    conduct may be impairing the lawyer’s ability to practice or
and one to serve as secretary, each to serve a term of two
                                                                    professional competence whether or not the SPRB authorizes
years. The underlying terms of either secretary or chair will be
                                                                    prosecution for misconduct. The chairperson will confirm in
extended for one additional year so as to coincide with the
                                                                    writing referrals from the Client Assistance Office, Disciplinary
underlying terms of office, if necessary. Rules for the provision
                                                                    Counsel’s Office, or the SPRB.
of assistance by SLAC will be as set forth in this bylaw.
                                                                    Subsection 24.401 Designees
Subsection 24.301 Professional Liability
                                                                    SLAC members, lawyers and other persons assisting SLAC
Fund Personal and Practice Management
                                                                    and employees thereof working on a matter related to the
Assistance Committee                                                Lawyers Assistance Program authorized by ORS 9.568
The PLF-PPMAC consists of the members of the PLF’s Board            are designees of SLAC. Designees are subject to SLAC
of Directors. The PLF will have authority to promulgate rules       rules, including the confidentiality requirements set forth in
concerning the provision of assistance by the PLF-PPMAC
                                                                    Section 24.701. Appointment of a designee who is not a
which, on approval by the Board of Governors, will govern its
                                                                    SLAC member will be at the discretion of the chairperson.
activities.
                                                                    Considerations for appointment of such a designee include,
Section 24.4 State Lawyers Assistance                               but are not limited to, the designee’s qualifications, the
Committee Review and Intake                                         designee’s previous experience with the referred person or
                                                                    with a situation similar to that of the referred person and the
Subsection 24.400 Complaints and Referrals                          location of the referred person and designee. The chairperson
(a) Any person may submit directly to SLAC, either orally or        will confirm the appointment of a designee. The chairperson
in writing, the name of any lawyer whose performance or             will advise the designee of his or her authority and obligations
conduct appears to be impairing the lawyer’s professional           and will include a copy of the SLAC’s rules and other
competence or ability to practice law. A referral of a lawyer       pertinent SLAC information. The designee will be notified of
to SLAC should include a description of the circumstances           SLAC meetings while the referral is pending and must give
and copies of any relevant documents. SLAC members                  regular progress reports to SLAC. Those reports may be given
who are contacted regarding a complaint or referral will            in person, in writing, by telephone or through the chairperson.
obtain preliminary information and refer the matter to the          The appointment of a designee will remain in effect until the
chairperson. The chairperson will confirm receipt of a referral     case is concluded or SLAC otherwise provides.
in a letter to the person making the referral. The letter must
contain a disclosure substantially as follows:                      Subsection 24.402 Preliminary Assessment
“We appreciate your interest in bringing this matter to our
                                                                    and Intake
attention. Our Committee will respond by contacting the             Upon receipt of a referral, the chairperson will assign the
lawyer to discuss the problem. It is important for you to           matter to one or more designees to conduct a preliminary
understand, however, that the purpose of this Committee is to       assessment and make a recommendation to the committee.
provide confidential assistance to lawyers who are impaired         The Intake designee will gather relevant information regarding
in the practice of law for reasons such as drug or alcohol          the referral including, but not limited to, interviewing the
problems, emotional problems or lack of competence. For             referred lawyers and the person who made the referral,
that reason, we focus our work on determining the specific          and any other person who may have knowledge about the
assistance that the lawyer needs and making sure that               lawyer’s ability to practice law or professional competence.
the lawyer follows a treatment or assistance program. This          Prior to making initial contact with the referred lawyer, the
Committee does not deal with lawyer discipline issues. All          SLAC designee will notify the Oregon Attorney Assistance
information we receive from you will be kept confidential and       Program (OAAP) of the referred lawyer’s name. If the OAAP
will not be reported to the bar disciplinary authorities. If you    informs the SLAC designee that the referred lawyer poses a
believe that this lawyer has acted improperly and you wish to       substantial and imminent risk of harm to the referred lawyer
make a complaint to the bar, you should write to:                   or others, the SLAC designee will wait a reasonable

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amount of time before contacting the referred lawyer and will       lawyer’s professional competence or ability to practice law.
coordinate and communicate with OAAP about how to make              If SLAC finds that the lawyer’s performance or conduct may
contact with the referred lawyer.                                   not impair the lawyer’s professional competence or ability
If, based on the preliminary assessment, the committee              to practice law, the matter will be dismissed and the lawyer
determines that the lawyer’s professional competence or             notified of the disposition of the matter. If SLAC finds that the
ability to practice law may be impaired, SLAC will have             lawyer’s professional competence or ability to practice law is
jurisdiction over the matter. Otherwise, the matter will be         impaired, SLAC will so advise the referred lawyer in writing
dismissed without further action.                                   and require the lawyer to participate in a remedial program of
                                                                    monitoring, treatment, counseling or training.
Subsection 24.403 Notice to Referred Lawyer                         (b) The referred lawyer will have the opportunity to
Prior to assuming jurisdiction, SLAC will notify the referred       participate in determining the nature and extent of the
lawyer and provide an opportunity to respond. If jurisdiction is    remedial program to be undertaken, but SLAC’s decision
assumed, the chairperson will assign the matter to a designee       regarding the program is final.
for case development, notify the referred lawyer of the matter
                                                                    (c) SLAC will set forth the remedial measures to be
and direct the lawyer to meet with the designee. Notices
                                                                    undertaken in a written agreement to be signed by the
to the referred lawyer will include a reminder that failure to
                                                                    lawyer. The agreement will contain the referred lawyer’s
respond to or cooperate with SLAC is grounds for discipline
                                                                    acknowledgement that failure or refusal to cooperate in the
under Oregon RPC 8.1(c) and may be reported to the proper
                                                                    remedial program is grounds for discipline under Oregon RPC
authority. If a case is not opened, the chairperson will notify
                                                                    8.1(c) and may be reported to the proper authority.
the source of the referral that the matter is being dismissed
without further SLAC action.                                        (d) SLAC may require the lawyer to submit periodic reports from
                                                                    persons responsible for implementing the remedial program or
Section 24.5 State Lawyers Assistance                               who have information about the lawyer’s compliance.
Committee Investigations                                            (e)The referred lawyer must pay the costs of the remedial
Subsection 24.500 Meeting with                                      program that SLAC requires.
Referred Lawyer                                                     (f) The designee will monitor the referred lawyer’s
Within 30 days after notice has been given as provided in           participation in the remedial program and will report regularly
Subsection 24.403 of the Bar’s Bylaws, the designee, either         to SLAC.
individually or with another designee, will meet with the           (g) The remedial program may be revised from time to time,
referred lawyer to discuss the nature of the referral, SLAC’s       as SLAC deems appropriate, and may include an extended
function, the general steps that will be taken, any questions       period of monitoring.
that the referred lawyer may have about the process and the
                                                                    (h) When SLAC determines that the referred lawyer has
lawyer’s explanation, opinion or questions about the referral.      successfully completed the remedial program and that the
Subsection 24.501 Release of Information                            lawyer’s ability to practice law and professional competence is
                                                                    no longer impaired, the case will be closed.
The designee may require the referred lawyer to authorize the
release of relevant medical or other background information         Section 24.6 State Lawyers Assistance
regarding the referred lawyer to SLAC or to a professional          Committee Records
selected to evaluate the referred lawyer. Medical or                The chairperson will maintain an intake log as a permanent
background information is relevant, if it relates to the referred   record of SLAC. In it will be noted each referral to SLAC,
lawyer’s professional competence or ability to practice law. The    the date of the referral, the name of the person making the
referred lawyer may voluntarily provide additional information.     referral, the name of the referred lawyer, action taken on the
                                                                    referral and the ultimate disposition of the referral. Written
Subsection 24.502 Professional Evaluation                           materials regarding a referral which does not result in a case
The designee may require the referred lawyer to obtain a            being opened, will be kept with the intake log. The designee
medical or other diagnostic evaluation from a professional or       to whom a case is assigned will create a file and will maintain
a panel of professionals selected by SLAC. The scope of the         all reports, correspondence, records and other documents
medical or other diagnostic evaluation will be limited to issues    pertaining to the case. The designee is responsible for
related to the referred lawyer’s professional competence            maintaining the confidentiality of the file and the information
or ability to practice law. The designee may inform the             it contains while the file is in the designee’s possession. The
medical or other professional of the general nature of SLAC’s       file on a case will be closed when the referral is dismissed,
                                                                    on notice to Disciplinary Counsel of non-cooperation or as
concerns but will not disclose to the professional the identity
                                                                    provided in Subsection 24.503(H) of the Bar’s Bylaws. Closed
of the referral source or any other confidential information.
                                                                    files will be maintained permanently in locked storage at
The lawyer must bear the expenses of the medical or other           the Bar’s offices. SLAC will notify the referring person of
diagnostic evaluation, except that SLAC may advance the             the general disposition of the referral, but not of its detailed
costs in cases of demonstrated financial hardship.                  findings or the remedial measures taken.
Subsection 24.503 Remedial Action Plan
(a) Based on all the information gathered by the designee,
SLAC will consider and determine whether the referred
lawyer’s performance or conduct may be impairing the

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Section 24.7 Other State Lawyers Assistance                        and services to Law Student Associates. Law Student
Committee Policies                                                 Associates will receive a subscription to the Bulletin, will
                                                                   be informed of the Bar sections that permit Law Student
Subsection 24.700 Non-cooperation                                  Associates and will be informed of CLE seminars that the
The failure or refusal of the referred lawyer to respond           CLE Seminars Manager determines are relevant to law
to SLAC’s initial inquiry; to participate in interviews with       students. Other services and information may be provided as
designees during the course of SLAC’s investigation; to            determined by the Executive Director.
respond to SLAC requests for information or for a professional
evaluation; or to participate in and comply with a remedial        Article 26 Sustainability
program, may result in the lawyer being referred to                The Bar supports the goal of sustainability, generally defined
Disciplinary Counsel for possible action under Oregon              as meeting present needs without compromising the ability
RPC 8.1(c).                                                        of future generations to meet their own needs. Because Bar
Subsection 24.701 Confidentiality                                  operations and the practice of law impact the environment
                                                                   and society generally, the Bar will be cognizant of sustainability
SLAC records and any information provided to or obtained           in its internal operating practices as well as in its service to
by it or its designees including, without limitation, medical      members. Internally, the Executive Director will designate a
information, is confidential. Those records and information        sustainability coordinator for Bar operations, will encourage
are not subject to public disclosure and are inadmissible as       continuous sustainability improvement in Bar operations, and
evidence in any disciplinary or civil proceeding. Pursuant         will report to the Board of Governors at least annually on
to ORS 9.568(4), the confidentiality does not apply to             progress and impediments. In the practice of law, principles
information relating to a lawyer’s non-cooperation with SLAC       of sustainability may be important in addressing competing
or its designees or to information obtained by the Bar from        economic, social and environmental priorities that impact
any other source not connected with the referral to SLAC.          future generations. The Bar will encourage education and
Pursuant to Subsection 24.402 of the Bar’s Bylaws, the SLAC        dialogue on how law impacts the needs and interests of future
chairperson or designee may release the name of the referred       generations relative to the advancement of the science of
lawyer to the OAAP. SLAC may also release statistical data,        jurisprudence and improvement of the administration of justice.
pursuant to Subsection 24.703 of the Bar’s Bylaws.
Subsection 24.702 Duty to Report Unethical                         Article 27 Amendment of Bylaws
Conduct                                                            Any amendment of the Bar’s Bylaws requires notice at a prior
SLAC and its designee are exempt from the reporting                Board meeting unless two-thirds of the entire Board waives
requirements of Oregon RPC 8.3(a) pursuant to Oregon               the notice requirement. The Bar’s Bylaws may be amended
RPC 8.3(c)(1).                                                     by affirmative vote of a majority of the entire Board at any
                                                                   regular meeting or at any special meeting of the Board called
Subsection 24.703 Statistical Data                                 for that purpose.
SLAC will prepare a written annual report of its activities. The
report will include statistical data such as: the total number
of referrals received by SLAC, the number of direct referrals,
the number of referrals received from the State Professional
Responsibility Board, the number of referrals to the Client
Assistance Office as a result of non-cooperation with SLAC,
the number and types of cases in which assistance was
provided through SLAC, the number of cases completed
during the reporting period and other information that will
assist the Bar in evaluating the workload and effectiveness
of the SLAC program. The report will not include any
information that could jeopardize the confidentiality of
persons participating in SLAC’s programs. The report will
be delivered to the Bar annually as an attachment to SLAC’s
annual report.
Subsection 24.704 Public Meetings
SLAC meetings are exempt from the provisions of ORS
192.610 to 192.690, pursuant to ORS 9.568(3)(b). OAAP
staff may be invited to attend SLAC meetings, including case
review of referred lawyers, if appropriate releases have been
signed by the referred lawyers.

Article 25 Law Student Associates
Any student currently enrolled in an Oregon law school may
become a Law Student Associate of the Bar. Law Student
Associates are not members of the Bar and, except as
provided in this article, do not have any of the rights and
responsibilities of members. Law Student Associates must
pay an annual fee established by the Executive Director in an
amount sufficient to cover the cost of providing information

   1
201 Board of Governors Handbook                                                                                                   75
OREGON STATE BAR PRESIDENTS

1935-2011
             1936-1937   Allan A. Smith ...................................................... Baker
             1937-1938   Allan G. Carson .................................................... Salem
             1938-1939   R. (Rupert) R. Bullivant ...................................... Portland
             1939-1940   H. H. DeArmond .................................................. Bend
             1940-1941   George M. Roberts ............................................. Medford
             1941-1942   Arthur K. McMahan ........................................... Albany
             1942-1943   Gunther F. Krause................................................ Portland
             1943-1944   John F. Kilkenny ................................................... Pendleton
             1944-1945   Francis E. Marsh .................................................. McMinnville
             1945-1946   James T. Donald .................................................. Baker
             1946-1947   Hugh L. Barzee..................................................... Portland
             1947-1948   W. W. Balderree .................................................. Grants Pass
             1948-1949   Walter H. Evans, Jr. ............................................. Portland
             1949-1950   Wallace P. Carson ............................................... Salem
             1951        E. K. Oppenheimer ............................................. Portland
             1952        Paul E. Geddes ..................................................... Roseburg
             1953        Robert A. Leedy ................................................... Portland
             1954        Glenn R. Jack ........................................................ Oregon City
             1955        Orval D. Yokom..................................................... John Day
             1956        George A. Rhoten ............................................... Salem
             1957        Alan F. Davis ........................................................ Portland
             1958        George W. Neuner.............................................. Roseburg
             1959        George L. Hibbard............................................... Oregon City
             1960        C. S. Emmons....................................................... Albany
             1961        Dean F. Bryson ..................................................... Portland
             1962        J. T. Monahan....................................................... Milton-Freewater
             1963        Eugene E. Marsh ................................................. McMinnville
             1964        Hale G. Thompson .............................................. Eugene
             1965        R. W. Nahstoll ....................................................... Portland
             1966        James G. Richmond........................................... Roseburg
             1967        John E. Jaqua ....................................................... Eugene
             1968        Wallace A. Johansen ......................................... Coos Bay
             1969        John U. Yerkovich................................................ Portland
             1970        Robert C. Macdonald ........................................ Astoria
             1971        John L. Schwabe................................................. Portland
             1972        B. Kent Blackhurst ............................................... Medford

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                                                                             201 Board of Governors Handbook
                         1973     Asa L. Lewelling .................................................. Salem
                         1974     Wesley A. Franklin ............................................. Portland
                         1975     Howard A. Rankin .............................................. Portland
                         1976     Merle A. Long ...................................................... Albany
                         1977     Carl R. Neil ............................................................ Portland
                         1978     Eldon F. Caley ...................................................... Roseburg
                         1979     Jack L. Kennedy .................................................. Portland
                         1980     Charles D. Burt .................................................... Salem
                         1981     Thomas C. Howser ............................................ Ashland
                         1982     Arthur C. Johnson ............................................. Eugene
                         1983     John J. Haugh ..................................................... Portland
                         1984     John N . Hutchens.............................................. Vale
                         1985     Edward L. Clark, Jr. ............................................ Salem
                         1986     James W. Durham............................................. Portland
                         1987     Bernard Jolles ...................................................... Portland
                         1988     Keith Burns ........................................................... Portland
                         1989     Garry L. Kahn ....................................................... Portland
                         1990     Stuart E. Foster ................................................... Medford
                         1991     Robert H. Fraser ................................................ Eugene
                         1992     William B. Crow .................................................. Portland
                         1993     Julie Frantz............................................................ Portland
                         1994     William G. Wheatley ......................................... Eugene
                         1995     Judy Shipler Henry ............................................ Portland
                         1996     Dennis C. Karnopp ............................................ Bend
                         1997     Jeff J. Carter ........................................................ Salem
                         1998     Kevin K. Strever ................................................... Newport
                         1999     Mark A. Johnson ................................................ Portland
                         2000     Lawrence B. Rew ............................................... Pendleton
                         2001     Edwin A. Harnden ............................................. Portland
                         2002     Angel Lopez ......................................................... Portland
                         2003     Charles R. Williamson, III................................. Portland
                         2004     William G. Carter ................................................ Medford
                         2005     Nena Cook ............................................................ Portland
                         2006     Dennis P. Rawlinson .......................................... Portland
                         2007     Albert A. Menashe ............................................ Portland
                         2008     Richard S. Yugler .............................................. Portland
                         2009     Gerry Gaydos ....................................................... Eugene
                         2010     Kathleen A. Evans .............................................. Salem
                         2011     Stephen V. Piucci ............................................... Portland

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201 Board of Governors Handbook                                                                                        77
BOARD OF GOVERNORS MEMBERS
                                                2002
2000                                            Bruce Anderson (PM)                 Wilsonville
Bruce Anderson                    Wilsonville   James Brown                         Salem
(PM replace Sumner)
                                                Ronald Bryant                       Redmond
Richard C. Baldwin,               Portland
                                                William G. Carter                   Medford
James M. Brown                    Salem
                                                Nena Cook                           Portland
Joyce E. Cohen (PM)               Portland
                                                Karen Garst, Executive Director
Gordon Davis (PM)                 Portland
                                                Gerry Gaydos                        Eugene
Karen Garst, Executive Director
                                                Jonathan P. Hill (PM)               Lakeview
Ed Harnden                        Portland
                                                Frank Hilton                        Portland
David A. Hytowitz                 Portland
                                                David A. Hytowitz                   Portland
Angel Lopez                       Portland
                                                Lisa LeSage                         Portland
Mary McCauley Burrows (PM)        Eugene
                                                Angel Lopez, President              Portland
David M. Orf                      Medford
                                                Mary McCauley Burrows (PM)          Eugene
Lawrence B. Rew, President        Pendleton     Sarah K. Rinehart                   Salem
Sarah K. Rinehart                 Salem         John J. Tyner, III                  Hillsboro
Malcolm Scott                     Eugene        Charles R. Williamson, III          Portland
Agnes Sowle                       Portland      Bette Worcester (PM)                Portland
James M. Sumner (PM)              Salem
John J. Tyner, III                Hillsboro     2003
Charles R. Williamson III         Portland      James M. Brown                      Salem
                                                Ronald L. Bryant                    Redmond
2001                                            Mary McCauley Burrows (PM)          Eugene
Bruce Anderson (PM)               Wilsonville   William G. Carter                   Medford
James M. Brown                    Salem         Mark B. Comstock                    Salem
Ronald Bryant                     Redmond       Nena Cook                           Portland
William Carter                    Medford       John A. Enbom (PM)                  Corvallis
Gordon Davis (PM)                 Portland      Karen Garst, Executive Director
Karen Garst, Executive Director                 Gerry Gaydos                        Eugene
Ed Harnden (President)            Portland      Jonathan P. Hill (PM)               Lakeview
David A. Hytowitz                 Portland      Frank H. Hilton                     Portland
Lisa LeSage                       Portland      David A. Hytowitz                   Portland
Angel Lopez                       Portland      Lisa LeSage                         Portland
Mary McCauley Burrows (PM)        Eugene        Lauren J. Paulson                   Aloha
Sarah K. Rinehart                 Salem         Dennis P. Rawlinson                 Portland
Malcolm Scott                     Eugene        Charles Williamson, President       Portland
Agnes Sowle                       Portland      Bette Worcester (PM)                Portland
John J. Tyner, III                Hillsboro
Charles R. Williamson III         Portland
Bette Worcester (PM)              Portland


78                                                                          1
                                                                         201 Board of Governors Handbook
2004                                          2006
Ronald L. Bryant                  Redmond     Mark B. Comstock                  Salem
William G. Carter, President      Medford     John A. Enbom (PM)                Corvallis
Mark B. Comstock                  Salem       Linda K. Eyerman                  Portland
Nena Cook                         Portland    Marva Fabien                      Salem
Phyllis Edmundson (PM)            Portland    Karen Garst, Executive Director
John A. Enbom (PM)                Corvallis   Gerry Gaydos                      Eugene
Linda K. Eyerman                  Portland    Tim C. Gerking                    Medford
Marva Fabien                      Salem       S. Ward Greene                    Portland
Karen Garst, Executive Director               Jonathan P. Hill (PM)             Roseburg
Gerry Gaydos                      Eugene      Albert A. Menashe                 Portland
Jonathan P. Hill (PM)             Roseburg    Douglas Minson                    Hillsboro
Frank H. Hilton                   Portland    Dennis P. Rawlinson, President    Portland
Lisa LeSage                       Portland    Carol DeHaven Skerjanec           Vale
Albert A. Menashe                 Portland    Bette Worcester (PM)              West Linn
Lauren J. Paulson                 Aloha       Robert Vieira (PM)                Portland
Dennis P. Rawlinson               Portland    Theresa Wright                    Portland
Bette Worcester (PM)              Portland    Rick Yugler                       Portland



2005                                          2007
Mark B. Comstock                  Salem       Kathleen A. Evans                 Salem
Nena Cook, President              Portland    Linda K. Eyerman                  Portland
Phyllis Edmundson (PM)            Portland    Marva Fabien                      Salem
John A. Enbom (PM)                Corvallis   Ann L. Fisher                     Portland
Linda K. Eyerman                  Portland    Karen Garst, Executive Director
Marva Fabien                      Salem       Gerry Gaydos                      Eugene
Karen Garst, Executive Director               Tim C. Gerking                    Medford
Gerry Gaydos                      Eugene      S. Ward Greene                    Portland
Tim C. Gerking                    Medford     Jonathan P. Hill (PM)             Roseburg
Jonathan P. Hill (PM)             Roseburg    Robert M. Lehner (PM)             Eugene
Frank H. Hilton                   Portland    Albert A. Menashe, President      Portland
Albert A. Menashe                 Portland    Robert D. Newell                  Portland
Lauren J. Paulson                 Aloha       Carol DeHaven Skerjanec           Vale
Dennis P. Rawlinson               Portland    Bette Worcester (PM)              West Linn
Carol DeHaven Skerjanec           Vale        Robert Vieira (PM)                Portland
Bette Worcester (PM)              West Linn   Theresa Wright                    Portland
Rick Yugler                       Portland    Rick Yugler                       Portland




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201 Board of Governors Handbook                                                             79
2008                                                2010
Kathleen A. Evans                   Salem           Barbara DiIaconi                    Klamath Falls
Ann L. Fisher                       Portland        Kathleen A. Evans                   Salem
Karen Garst, Executive Director                     Ann L. Fisher                       Portland
Gerry Gaydos                        Eugene          Michelle C. Garcia (PM)             Portland
Tim C. Gerking                      Medford         Michael E. Haglund                  Portland
S. Ward Greene                      Portland        Gina Anne Johnnie                   Salem
Gina Anne Johnnie                   Salem           Derek C. Johnson                    Eugene
Christopher H. Kent                 Portland        Christopher H. Kent                 Portland
Robert M. Lehner (PM)               Eugene          Ethan D. Knight                     Portland
Audrey T. Matsumonji (PM)           Gresham         Steve D. Larson                     Portland
Stephen V. Puicci                   Portland        Karen J. Lord (PM)                  Salem
Carol DeHaven Skerjanec             Vale            Audrey T. Matsumonji (PM)           Gresham
Bette Worcester (PM)                West Linn       Mitzi Naucler                       Albany
Robert Vieira (PM)                  Portland        Maureen C. O’Connor (PM)            Portland
Theresa Wright                      Portland        Kenneth Mitchell-Phillips           Portland
Rick Yugler                         Portland        Stephen V. Piucci                   Portland
                                                    Teresa Schmid, Executive Director
2009
Barbara DiIaconi                    Klamath Falls   2011
Kathleen A. Evans                   Salem           Jennifer S. Billman (PM)            Salem
Ann L. Fisher                       Portland        Barbara M. DiIoconi                 Klamath Falls
Michelle C. Garcia (PM)             Portland        Hunter B. Emerick                   Salem
Gerry Gaydos                        Eugene          Ann L. Fisher                       Portland
S. Ward Greene                      Portland        Michelle C. Garcia (PM)             Portland
Kellie F. Johnson                   Portland        Michael E. Haglund                  Portland
Gina Anne Johnnie                   Salem           Gina Anne Johnnie                   Salem
Christopher H. Kent                 Portland        Derek C. Johnson                    Salem
Steve D. Larson                     Portland        Matthew H. Kehoe                    Hillsboro
Karen J. Lord (PM)                  Salem           Christopher H. Kent                 Portland
Audrey T. Matsumonji (PM)           Gresham         Ethan D. Night                      Portland
Mitzi Naucler                       Albany          Tom Kranovich                       Lake Oswego
Stephen V. Puicci                   Portland        Steve D. Larson                     Portland
Teresa Schmid, Executive Director                   Audrey T. Matsumonji (PM)           Gresham
Robert Vieira (PM)                  Portland        Mitzi M. Naucler                    Albany
Theresa Wright                      Portland        Maureen O’Connor (PM)               Portland
                                                    Kenneth S. Mitchell-Phillips        Portland
                                                    Stephen V. Piucci                   Portland
                                                    Sylvia E. Stevens, Executive Director


                                                    PM – Public Member




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                                                                            201 Board of Governors Handbook
HOUSE OF DELEGATES
                         The House of Delegates consists of 1) the Board of Governors; 2) the chair-
                         person of each state bar section; 3) the elected president of each county bar
                         association; 4) elected delegates from each of the seven in-state board regions
                         and from the region consisting of all areas outside the state of Oregon; and
                         5) one public member from each in-state region appointed by the Board of
                         Governors. By a vote of the majority of the delegates attending a meeting, the
                         House of Delegates is authorized to do either of the following: Direct the Board
                         of Governors as to future action and modify or rescind an action or decision of
                         the Board of Governors (subject to certain restrictions).

                         The Board of Governors is bound by decisions of the house, pursuant to ORS
                         9.139(2). The types of matters historically presented to the House of Delegates
                         (and to the membership prior to the creation of the HOD) have included
                         1) disciplinary rule changes; 2) bar positions on major legislative and policy
                         issues; 3) member resolutions on a variety of topics; and 4) fee increases.

                         The Board of Governors has authority under ORS 9.142(2) to set the time and
                         place for the annual meeting of the House of Delegates and to submit to the
                         house reports of the proceedings by the board since the last meeting of the
                         house, reports of the officers and committees of the state bar, and recommen-
                         dations of the Board of Governors.


                LIST SERVES
                         The Oregon State Bar has created an electronic mail distribution list (list serve)
                         for members of the HOD to share ideas and thoughts on governance issues
                         relevant to the role of the HOD member.

                         A list serve is essentially an electronic bulk e-mail to all HOD members. The list
                         serve offers members the capability of communicating instantly with a large
                         group and having a way to contribute to discussions. If you post to the list
                         serve you are in effect sending that posting to everyone. All members of the
                         list serve also receive all e-mails you receive from the list serve.

                         Eight different e-mail list serves are available to serve the HOD: the All HOD
                         list serve is available to all members of the HOD, and separate list serves are
                         available for use by members of Regions 1, 2, 3, 4, 5, 6, 7 and out-of state.
                         You can send messages to the All HOD list and/or your own region’s list. You
                         cannot send messages to another region’s list serve nor can you send an
                         attachment. To post a message on the list serve, address your e-mail to the
                         appropriate address from the following list:

                         All HOD:        hod@lists.osbar.org        Region 5:        hod5@lists.osbar.org
                         Region 1:       hod1@lists.osbar.org       Region 6:        hod6@lists.osbar.org
                         Region 2:       hod2@lists.osbar.org       Region 7:        hod7@lists.osbar.org
                         Region 3:       hod3@lists.osbar.org       Out-of-State:    hod-oos@lists.osbar.org
                         Region 4:       hod4@lists.osbar.org




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201 Board of Governors Handbook                                                                            81
          Participation is open to all HOD members who have e-mail addresses regis-
          tered with the bar. Members are automatically signed up on the list serve;
          however, their participation is not mandatory and some members opt out of
          the service.


     HOUSE OF DELEGATES CALENDAR OF EVENTS

          RESOLUTIONS DEADLINE

                                          1
          Delegate resolutions for the 201 House of Delegates Annual Meeting must be
          presented in writing to the Oregon State Bar Executive Director on or before
                                                 1
          5:00 p.m., Tuesday, September 13, 201 (45 days prior to the meeting).


          BAR MAILING DEADLINE

          An agenda for the House of Delegates Annual Meeting will be distributed
          electronically and/or via USPS by the bar to the membership no later than
                                   1
          Saturday, October 7, 201 (20 days prior to the House of Delegates Annual
          Meeting). Each resolution specifies the name of the delegate who is submitting
          the resolution, background of the resolution, and, whether the resolution has a
          budgetary impact.


          HOD ANNUAL MEETING

                                    1
          The Oregon State Bar 201 House of Delegates Annual Meeting will take place
                                 1,
          Friday, October 28, 201 at the Oregon State Bar Center in Tigard, commencing
          at 10:00 a.m.


     SUMMARY OF THE FUNCTIONS OF THE HOUSE OF DELEGATES

          RESTRICTIONS ON THE POWERS OF THE HOUSE OF DELEGATES

          The power of the House of Delegates to direct, modify, or rescind an action or
          decision of the Board of Governors does not include the power to1) invalidate
          payments previously made at the direction of the Board of Governors; 2) direct,
          modify, or rescind any assessment by the board for contributions to the Profes-
          sional Liability Fund; or 3) direct, modify, or rescind any other action or deci-
          sion by the board that is subject to control, approval, or review by the Supreme
          Court (ORS 9.139)(3); however, the latter restriction does not affect the ability
          of the House of Delegates to formulate disciplinary rules under ORS 9.490.
          ORS 9.490(1).


          MEMBERSHIP INITIATIVE

          The Board of Governors, the House of Delegates, or the membership, by initia-
          tive petition, can call for a vote of the membership by mail ballot. An initiative
          submitted by active members must be accompanied by a petition signed by at
          least five percent of all active members. The board has authority to determine

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                                                              201 Board of Governors Handbook
                         if the question or measure submitted by initiative petition is appropriate for a
                         vote of the members. The Board of Governors has submitted seven issues to the
                         membership vote since that process was established in the early 1980s:
                         1) whether to establish a minimum continuing legal education program (1987–
                         approved); 2) whether to establish a mandatory interest on lawyer trust accounts
                         program (1988–approved); 3) whether to establish a specialization program
                         (1988–rejected); 4) whether the bar should place greater emphasis on unlawful
                         practice of law (1992–approved); 5) whether to sponsor legislation establishing
                         the Oregon State Bar House of Delegates (1992–approved); 6) whether to place
                         CLE Publications Online (2005 – approved); and 7) an advisory vote to discon-
                         tinue the MCLE Elimination of Bias requirement (2006–passed).

                         HOD information is available on the bar’s website at www.osbar.org. By clicking
                         on the House of Delegates tab under Bar Leadership, you can view the current
                         HOD roster, meeting schedule, staff contacts, and HOD rules and guidelines.




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201 Board of Governors Handbook                                                                        83
OSB HOUSE OF DELEGATES

        RULES OF PROCEDURE

        RULE 1–MEETINGS OF THE HOUSE
             1.1 The House of Delegates shall meet at least annually at a time and place
             set by the Board of Governors. The President of the Oregon State Bar may call
             special meetings of the House and shall call a special meeting of the House if
             requested to do so in writing by twenty five (25) or more delegates. See ORS
             9.142(1) and (2).

             1.2 Notice of meetings of the House shall be given as required in the Bar Act
             and in the bylaws and policies of the State Bar.


        RULE 2–PRESIDING OFFICER
             2.1. The President of the Oregon State Bar shall preside over meetings of the
             House of Delegates. In the President’s absence or inability to act, the President
             shall designate another officer to preside. See ORS 9.070(1).

             2.2 The presiding officer shall preserve order, require observance of the rules
             of procedure and decide all questions of order and procedure.

             2.3. Proceedings of the House of Delegates shall be governed by the Bar Act,
             the bylaws and policies of the State Bar, these rules and the current edition of
             Robert’s Rules of Order Newly Revised.


        RULE 3–DELEGATES AND DELEGATIONS
             3.1. Delegates shall be selected as provided in the Bar Act and the bylaws and
             policies of the State Bar. There shall be no alternate delegates, except that a
             section or local bar association may designate an alternate delegate, provided
             the alternate delegate is a person duly authorized in the organization’s bylaws
             or otherwise to act in the section chair’s or bar president’s stead.

             3.2 Delegates must register in person at House meetings. Delegates will be
             provided with special identification for voting.


        RULE 4–RECORD OF PROCEEDINGS
             4.1 Proceedings of the House of Delegates shall be recorded stenographically.
             Meeting transcripts shall be maintained at the OSB Center.

             4.2 As soon as practicable after each meeting of the House of Delegates, the
             Executive Director shall prepare and publish to the Oregon State Bar member-
             ship a summary of the actions of the House.




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                                                                201 Board of Governors Handbook
                RULE 5–AGENDA AND ORDER OF BUSINESS
                         5.1 Members of the Oregon State Bar, members of the House of Delegates,
                         and the Board of Governors may submit questions or measures for placement
                         on the agenda of House meetings as set forth in Rules 5.2 through 5.4.

                         5.2 At meetings of the House of Delegates the Board of Governors shall submit
                         to the House reports of the proceedings by the Board since the last meeting of
                         the House, reports of the officers and committees of the State Bar, and recom-
                         mendations of the Board. See ORS 9.142(2).

                         5.3 Any active member of the Oregon State Bar, by petition signed by at least
                         two percent (2%) of all active members of the State Bar, may submit a question
                         or measure for the agenda of any House of Delegates meeting as provided in the
                         Bar Act. See ORS 9.148(3). The petition must be filed with the Executive Direc-
                         tor at least forty-five (45) days before the meeting at which it is to be presented.

                         5.4 A member of the House of Delegates may submit a question or measure
                         for the agenda of any House of Delegates meeting by delivering a copy of the
                         full text of the item to be presented, including a description of any financial
                         impact, to the Executive Director at least forty-five (45) days in advance of the
                         meeting at which it is to be presented.

                         5.5 In advance of any meeting of the House of Delegates, the Board of Gover-
                         nors of the Oregon State Bar shall review proposed agenda items for confor-
                         mity with applicable law and bar policy and propose a preliminary agenda for
                         the meeting. The preliminary agenda, along with notice of the questions or
                         measures the Board determined should not be placed on the agenda, shall be
                         published, with notice thereof, to the membership of the Oregon State Bar at
                         least twenty (20) days prior to the meeting.

                         5.6 An agenda shall be adopted by the House of Delegates at the commence-
                         ment of each meeting. Upon motion of a delegate, the House may add to the
                         agenda, prior to its final adoption, any question or measure submitted pursuant
                         to Rules 5.2 to 5.4 above and excluded from the agenda by the Board. The
                         order of business at meetings of the House shall be as set forth in the agenda
                         adopted by the House.

                         5.7 If the presenter of an agenda item is not available when the meeting has
                         reached that point on the agenda, the item will be moved to the end of the
                         agenda. If the presenter is unavailable when the item is subsequently called, it
                         will be considered withdrawn.


                RULE 6–QUORUM
                         6.1 A majority of the total number of delegates shall constitute a quorum for
                         the transaction of business by the House of Delegates. See ORS 9.142(1).




   1
201 Board of Governors Handbook                                                                           85
     RULE 7–DEBATE
          7.1 All active members of the State Bar may participate in the discussion of
          matters before the House. See ORS 9.148(1). Only delegates may invoke the
          House rules and parliamentary procedure during meetings of the House.

          7.2 The presenter of an item on the agenda shall have five (5) minutes to open
          and one (1) minute to close. All other speakers shall have a maximum of three
          (3) minutes for their presentations. The presiding officer may, with the consent
          of the House, lengthen the time for a speaker’s presentation.

          7.3 The presiding officer will recognize “pro” and “con” speakers alternately.
          Those persons wishing to speak to “other” aspects of an issue will be recog-
          nized alternately with the “pro” and “con” speakers.

          7.4 All speakers from the floor must state their full names and indicate whether
          they are delegates, and must state whether they are speaking “pro,” “con,” to a
          privileged motion or inquiry, or otherwise.
          7.5 No person who has spoken “pro” or “con” on an issue will be recognized
          again until all other persons who wish to speak on that issue have been given
          the opportunity.


     RULE 8–VOTING
          8.1 Only delegates may vote. Each delegate has only one vote. Cumulative
          voting and voting by proxy are not permitted. A delegate’s vote will be counted
          only if the delegate is within the delegate voting area.

          8.2 Votes shall be taken as determined by the presiding officer.

          8.3 The presiding officer shall not vote except in the event of a tie.


     RULE 9–ATTENDANCE
          9.1 Meetings of the House of Delegates are open to all members of the Or-
          egon State Bar, the media and the public, except as provided otherwise by the
          Public Meetings Law (ORS 192.610 et seq.).


     RULE 10 - AMENDMENT OF RULES
          10.1 These rules may be amended by a vote of a majority of the delegates
          present and voting. Only delegates may propose amendments to these rules.
          Proposals for amending the rules must be submitted to the Executive director
          at least forty-five (45) days in advance of the meeting of the House at which
          the amendment is to be considered.




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                                                               201 Board of Governors Handbook

				
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