Oregon Chapter 9
Chapter 9 — Attorneys; Law LibrariesDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 9 — Attorneys;
Law Libraries
2007 EDITION
ATTORNEYS; LAW LIBRARIES
COURTS OF RECORD; COURT OFFICERS; JURIES
OREGON STATE BAR
9.005 Definitions
for ORS 9.005 to 9.755
9.010 Status
of attorney and Oregon State Bar; applicability of statutes
9.025 Board
of governors; number; eligibility; term; effect of membership
9.030 Voting
rights; eligibility of members for board of governors and house of delegates
9.040 Election
of governors; rules; vacancies
9.042 Determination
of eligibility of candidate for board of governors; procedure; review by
Supreme Court
9.050 Recall
of governors
9.060 Officers;
election; vacancies
9.070 Duties
of officers; deposit and disbursement of fees
9.080 Duties
of board of governors; professional liability fund; quorum; status of employees
of bar
9.090 Appropriation
and disbursement of funds
9.100 Statement
of financial condition
9.110 Board
of governors to formulate rules
9.112 Board
of governors to establish minimum continuing legal education requirements
9.114 Mandatory
training on duties relating to reporting child abuse
9.132 Trust
account overdraft notification program
HOUSE OF DELEGATES
9.136 House
of delegates created; membership; terms
9.139 Powers
of house of delegates
9.142 Rules
for conduct of business; meetings
9.145 Public
members
9.148 Participation
by nondelegates; referral of question for mail vote; petition for consideration
or mail vote
9.150 Termination
of delegate’s term
9.152 Election
of delegates; rules
9.155 Recall
of delegate
PRACTICE OF LAW; MEMBERSHIP IN THE BAR
9.160 Bar
membership required to practice law; exceptions
9.162 Definitions
for ORS 9.160 to 9.166
9.164 Investigation
of alleged violation of ORS 9.160
9.166 Enjoining
practicing law without a license; restitution to victim
9.180 Classes
of membership
9.191 Annual
membership fees; professional liability assessments
9.200 Effect
of failure to pay membership fees; reinstatement
9.210 Board
of bar examiners; fees of applicants for admission to bar
9.220 General
requirements for admission
9.241 Practice
of law by attorneys licensed in other jurisdictions; rules; fee
9.242 Advice
on law of foreign jurisdiction; rules
9.250 Order
for admission; oath of qualified applicant
9.261 Resignation
of attorney
9.280 Prohibition
on acting as immigration consultant; definitions; exception
ATTORNEY AND CLIENT RELATIONSHIP
9.310 Attorney
defined; counsel
9.320 Necessity
for employment of attorney; effect of employment
9.330 Authority
of attorney
9.340 Challenge
by party of attorney’s authority to appear for party
9.350 Challenge
of attorney’s authority to appear for adverse party
9.360 Compelling
delivery by attorney of money or papers
9.370 Compelling
delivery when attorney claims lien
9.380 Mode
of changing attorneys
9.390 Notice
of change
PROFESSIONAL CONDUCT
9.460 Duties
of attorneys
9.490 Formulation
of rules of professional conduct; prohibition on certain sanctions for
violation of rule
PROHIBITED CONDUCT
9.500 Solicitation
of personal injury business by nonlawyer
9.505 Payment
for referring claims resulting from personal injury or death
9.510 Solicitation
by attorneys
9.515 Referral
of claims, suits or actions between attorneys; division of fees
9.520 Acceptance
and prosecution of solicited claims
BAR DISCIPLINARY PROCEEDINGS
9.527 Grounds
for disbarment, suspension or reprimand
9.528 Advice
on conducting covert operations; participation in covert operations
9.529 Status
of proceedings relating to discipline, admission or reinstatement
9.532 Local
professional responsibility committees; state professional responsibility
board; powers; witnesses, subpoenas; oaths
9.534 Disciplinary
board; procedure before board; oaths; subpoenas; hearing; record
9.536 Disciplinary
board decision; appeal to Supreme Court; review; costs
9.537 Civil
immunity of witnesses, bar officials and employees
9.539 Application
to admission and reinstatement proceedings
9.542 Rules
for investigation of attorneys and applicants; authority of board of governors
to require fingerprints
9.555 Copy
of complaint or notice to Attorney General when bar is plaintiff or defendant;
exceptions
9.565 Tax
return information from Department of Revenue; use
ATTORNEY ASSISTANCE
9.568 State
lawyers assistance committee; personal and practice management assistance
committees; rules; confidentiality; civil immunity
LEGAL SERVICES PROGRAM
9.572 Bar
to establish Legal Services Program; director; advisory and technical
committees
9.574 Funding
of program
9.576 Review
of providers; mediation; hearing; suspension of funding
9.578 Other
funding sources
CLIENT SECURITY FUND
9.615 Definition
for ORS 9.615 to 9.665
9.625 Plan
to relieve client losses; rules
9.635 Sources
of client security fund
9.645 Annual
payment by state bar members
9.655 Investigation
of claim of loss; subpoena
9.657 Immunity
from civil liability
9.665 Authority
for reimbursement of client; waiver of conditions; subrogation for amount paid
SEARCH OR SEIZURE OF LAWYER FILES OR PREMISES
9.695 Status
of files or work premises of lawyer; inadmissibility of evidence subject to
search or seizure
ASSUMING PRACTICE OF NONPERFORMING ATTORNEY
9.705 Definitions
for ORS 9.705 to 9.755
9.710 Jurisdiction
of circuit court when attorney fails to devote adequate attention to practice
or to interests of clients
9.715 Effect
of failure to respond to inquiry from bar
9.720 Court
assuming law practice; hearing
9.722 Temporary
protective order
9.725 Appointment
of custodians of law practice; duties of custodian and court
9.730 Restriction
of custodian’s practice
9.735 Compensation
of custodian
9.740 Court
orders appealable; stay
9.745 Statutes
of limitation suspended
9.750 Applicability
of lawyer-client privilege to examination of files and records
9.755 Final
report of custodian; petition for compensation; court approval
LAW LIBRARIES
9.760 Judicial
department library services; fees
9.780 Exchange
of legal publications
9.790 Legislative
Counsel furnishing copies of codes and session laws for exchange
9.800
9.820 Law
libraries in
9.830 Disposition
of library fees in
9.840 Law
libraries in counties other than
9.850 Disposition
of library fees in counties other than
PENALTIES
9.990 Penalties
OREGON STATE BAR
9.005
Definitions for ORS 9.005 to 9.755. As used in ORS 9.005 to 9.755, unless the context or subject matter
requires otherwise:
(1) “Attorney” and “member” mean a member
of the bar.
(2) “Board” and “board of governors” mean
the board of governors of the bar.
(3) “Delegate” means a delegate of the
house of delegates of the Oregon State Bar.
(4) “Executive director” means the chief
administrative employee of the bar, appointed by the board. The executive
director may, but need not be, a member of the bar; and the executive director
shall serve at the board’s discretion and shall perform such duties as the
board shall prescribe.
(5) “Governor” means a member of the board
of governors of the bar.
(6) “House” and “house of delegates” mean
the house of delegates of the Oregon State Bar.
(7) “Oregon State Bar,” “state bar” and “bar”
mean the Oregon State Bar created by the State Bar Act set forth in ORS 9.005
to 9.755.
(8) “Rules of procedure” means the rules
of procedure relative to admission, discipline, resignation and reinstatement
of members of the bar adopted by the board and approved by the Supreme Court. [1975
c.641 §2; 1979 c.252 §14; 1995 c.302 §15; 1997 c.249 §5]
9.010
Status of attorney and Oregon State Bar; applicability of statutes. (1) An attorney, admitted to practice in
this state, is an officer of the court.
(2) The Oregon State Bar is a public
corporation and an instrumentality of the Judicial Department of the government
of the State of
(3) The bar is subject to the following
statutes applicable to public bodies:
(a) ORS 30.210 to 30.250.
(b) ORS 30.260 to 30.300.
(c) ORS 30.310, 30.312, 30.390 and 30.400.
(d) The
(e) ORS 192.410 to 192.505.
(f) ORS 192.610 to 192.690.
(g) ORS 243.401 to 243.507.
(h) ORS 244.010 to 244.040.
(i) ORS 297.110 to 297.230.
(j) ORS chapters 307, 308 and 311.
(k) ORS 731.036 and 737.600.
(4) Except as provided in subsection (3)
of this section, the bar is not subject to any statute applicable to a state
agency, department, board or commission or public body unless the statute
expressly provides that it is applicable to the Oregon State Bar.
(5) The
(6) No obligation of any kind incurred or
created under this section shall be, or be considered, an indebtedness or
obligation of the State of
9.020 [Amended by 1971 c.103 §1; repealed by 1973
c.114 §5]
9.025
Board of governors; number; eligibility; term; effect of membership. (1) The Oregon State Bar shall be governed
by a board of governors consisting of 16 members. Twelve of the members shall
be active members of the Oregon State Bar, who on appointment, on nomination,
on election and during the full term for which the member was appointed or
elected, maintain the principal office of law practice in the region of this
state in which the active members of the Oregon State Bar eligible to vote in
the election at which the member was elected maintain their principal offices.
Four of the members shall be appointed by the board of governors from among the
public. They shall be residents of this state and shall not be active or
inactive members of the Oregon State Bar. No person charged with official
duties under the executive and legislative departments of state government,
including but not limited to elected officers of state government, may serve on
the board of governors. Any other person in the executive or legislative
department of state government who is otherwise qualified may serve on the
board of governors.
(2) For the purpose of eligibility for
nomination and to vote in the election of a member of the board of governors
who is an elective member, and for appointment to the board of governors, the
State of
(3) Members of the board of governors may
be elected only by the active members of the Oregon State Bar who maintain
their principal offices in the regions established by the board. The term of a
member of the board is four years.
(4) No judge of a municipal, state or
federal court or any other full-time judicial officer, shall be eligible for
appointment or election to the board of governors.
(5) The term of any member of the board of
governors shall terminate on the date of the death or resignation of the
member, or if the member is required to be a member of the Oregon State Bar, the
term terminates on the date:
(a) Of the termination of active
membership in the Oregon State Bar by the member for any reason;
(b) When the member discontinues to
maintain the principal office of practice in the region in which it was
maintained at the time of the appointment or election of the member; or
(c) When the member assumes office as a
judge of a municipal, state or federal court, or fills a full-time judicial
office.
(6) No member of the board of governors
shall be eligible, during the term of office, for service pro tempore as a
judge of any municipal, state or federal court. [1973 c.114 §1; 1981 c.193 §3;
1993 c.307 §1; 1995 c.302 §1]
9.030
Voting rights; eligibility of members for board of governors and house of
delegates. Active members
shall vote in and be eligible for nomination and election to the board of
governors and house of delegates from the region in which they maintain their
principal offices. [Amended by 1971 c.103 §2; 1973 c.114 §2; 1995 c.302 §16]
9.040
Election of governors; rules; vacancies. (1) The election of governors shall be held annually on a date set by
the board of governors. Nomination shall be by petition signed by at least 10
members entitled to vote for such nominee. Election shall be by ballot.
Nominating petitions must be filed with the executive director of the bar. The
board shall establish a deadline for filing nominating petitions.
(2)(a) The executive director shall mail
ballots, containing the nominations for the office of governor in each region,
to every eligible active member in such region. Ballots must be returned in
person or by mail to the executive director on or before the day of the
election in order to be counted. The executive director shall canvass the votes
and record the result thereof.
(b) The board by rule may provide for
electronic elections in lieu of using mailed ballots under paragraph (a) of
this subsection. Rules adopted under this paragraph may provide for electronic
distribution of election materials and electronic tabulation of votes.
(3) In a region in which only one position
is to be filled, the candidate receiving the highest vote shall be declared
elected. If a region has more than one position to be filled, the candidate
with the most votes received shall be declared elected, the candidate with the
next highest number of votes received shall then be declared elected, and so on
until all positions are filled. The balloting shall be so conducted that only
eligible active members can vote, and the secrecy of the ballot shall be
preserved.
(4) Notwithstanding subsection (1) of this
section, the board may not conduct an election for any position for which only
a single candidate has been nominated. If only a single candidate has been
nominated, the board shall declare the single candidate elected to the position
on a date specified by the board.
(5) A vacancy in the office of elective
member of the board of governors that occurs more than 24 months before the
expiration of the term shall be filled for the remainder of the term by a
governor elected at a special election held in the manner provided in this
section as soon as possible after the occurrence of the vacancy, or as provided
in subsection (4) of this section if only a single candidate is nominated. The
vacancy may be filled for the period between the occurrence of the vacancy and
the election of a new governor by a person appointed by the board. A vacancy in
the office of elective member that occurs 24 months or less before the
expiration of the term shall be filled for the remainder of the term by a
person appointed by the board.
(6) A vacancy in the office of public
member of the board of governors shall be filled for the remainder of the term
by a governor appointed by the board. [Amended by 1973 c.114 §3; 1979 c.252 §15;
1985 c.512 §1; 1995 c.302 §2; 2001 c.297 §1; 2003 c.192 §1; 2005 c.347 §1]
9.042
Determination of eligibility of candidate for board of governors; procedure;
review by Supreme Court. (1)
Upon the written request of any member of the bar, or upon the board’s own
motion, the board of governors shall determine the eligibility of a candidate
for the board. A request under this section must be filed with the executive
director within 30 days after the final day on which nominating petitions for
the board are required to be filed. The board shall give written notice of the
request to the candidate whose eligibility will be determined. The board shall
provide an opportunity to the candidate to respond on the issue of the
candidate’s eligibility.
(2) The board shall give written notice to
the candidate, and to any member of the bar who has requested a determination
on the eligibility of the candidate under the provisions of this section, of
the board’s determination on the candidate’s eligibility. The notice must be
given not later than 75 days after the final day on which nominating petitions
for the board are required to be filed. The notice shall state the specific
grounds for the board’s determination.
(3) A candidate, or a member of the bar
who has requested a determination on the eligibility of a candidate under the
provisions of this section, may file a petition for review of the board’s
determination with the Supreme Court. The petition for review must be filed
within 15 days only after notice is given to a candidate or member under
subsection (2) of this section.
(4) Upon the timely filing of a petition
for review under subsection (3) of this section, the Supreme Court has
jurisdiction to resolve all issues arising under the Oregon Constitution, state
statutes, rules of the court and rules of the board that are related to the
eligibility of candidates for the board.
(5) The board of governors shall establish
procedures for the implementation of subsections (1) and (2) of this section.
The procedures shall be designed to insure that there will be a final
determination on the eligibility of a candidate for the board no later than 10
days before the mailing of the ballots to members of the bar in the election
that is affected by the determination.
(6) This section provides the exclusive
procedure for challenging the eligibility of a candidate for the board. No
other administrative or judicial proceeding may be brought to challenge the
eligibility of a candidate for the board. [1993 c.307 §3]
9.050
Recall of governors. (1) On
petition signed by 25 percent of the members in any region for the recall of
any governor elected from that region, the executive director shall serve
notice as soon as possible on the governor informing the governor that the
petition has been filed. If the governor does not resign within 10 days after
the date the notice is served, the executive director shall mail ballots to
each active member of the bar within the region eligible to vote, submitting
the question whether the governor shall be recalled. If a majority of the
members voting at the election vote in favor of the recall, the governor is
recalled.
(2) On the affirmative vote of two-thirds
of the entire membership of the board of governors, the board shall refer the
question of the recall of any governor from any region to a vote of the members
of that region. The executive director shall serve notice as soon as possible
on the governor informing the governor that the board has approved a recall
election. If the governor does not resign within 10 days after the notice is
served, the executive director shall mail ballots to each active member of the
bar within the region eligible to vote, submitting the question whether the
governor shall be recalled. If a majority of the members voting at the election
vote in favor of the recall, the governor is recalled.
(3) The board of governors shall approve
the ballot and any information submitted to the members in connection with a
recall vote. [Amended by 1973 c.114 §4; 1979 c.252 §16; 2003 c.14 §8; 2005
c.347 §2]
9.060
Officers; election; vacancies.
A president, president-elect and two vice presidents shall be elected by the
governors each year immediately following the annual election of governors and
before the newly elected governors have qualified. The president,
president-elect and vice presidents shall be elected from among the attorney
board members. All officers shall continue in office until their successors are
elected and qualify. Vacancies in any of the offices shall be filled by the
board by appointment for the remainder of the term. All officers shall take
office as provided by the bar bylaws. [Amended by 1985 c.512 §2; 1991 c.726 §1;
1995 c.302 §3]
9.070
Duties of officers; deposit and disbursement of fees. (1) The president shall preside at all
meetings of the house of delegates and of the board of governors, and in the
president’s absence or inability to act, the president shall designate another
officer to preside. Other duties of the president, president-elect and vice
presidents shall be such as the board of governors may prescribe.
(2) All fees shall be paid into the
treasury of the state bar, and when so paid shall become part of its funds and
shall be disbursed only on order of the board of governors. [Amended by 1981
c.193 §4; 1991 c.331 §1; 1995 c.302 §4]
9.080
Duties of board of governors; professional liability fund; quorum; status of
employees of bar. (1) The
state bar shall be governed by the board of governors, except as provided in
ORS 9.136 to 9.155. The board is charged with the executive functions of the
state bar and shall at all times direct its power to the advancement of the
science of jurisprudence and the improvement of the administration of justice.
It shall have the authority to adopt, alter, amend and repeal bylaws and to
adopt new bylaws containing provisions for the regulation and management of the
affairs of the state bar not inconsistent with law.
(2)(a) The board shall have the authority
to require all active members of the state bar engaged in the private practice
of law whose principal offices are in Oregon to carry professional liability
insurance and shall be empowered, either by itself or in conjunction with other
bar organizations, to do whatever is necessary and convenient to implement this
provision, including the authority to own, organize and sponsor any insurance
organization authorized under the laws of the State of Oregon and to establish
a lawyer’s professional liability fund. This fund shall pay, on behalf of
active members of the state bar engaged in the private practice of law whose
principal offices are in Oregon, all sums as may be provided under such plan
which any such member shall become legally obligated to pay as money damages
because of any claim made against such member as a result of any act or
omission of such member in rendering or failing to render professional services
for others in the member’s capacity as an attorney or caused by any other
person for whose acts or omissions the member is legally responsible. The board
shall have the authority to assess each active member of the state bar engaged
in the private practice of law whose principal office is in Oregon for
contributions to such fund, to establish definitions of coverage to be provided
by such fund and to retain or employ legal counsel to represent such fund and
defend and control the defense against any covered claim made against such
member. The board shall have the further authority to offer optional
professional liability coverage on an underwritten basis above the minimum
required coverage limits provided under such fund, either through such fund,
through a separate fund or through any insurance organization authorized under
the laws of the State of Oregon, and may do whatever is necessary and convenient
to implement this provision. Any fund so established shall not be subject to
the Insurance Code of the State of
(b) For purposes of paragraph (a) of this
subsection, an attorney is not engaged in the private practice of law if the
attorney is a full-time employee of a corporation other than a corporation
incorporated under ORS chapter 58, the state, an agency or department thereof,
a county, city, special district or any other public or municipal corporation
or any instrumentality thereof. However, an attorney who practices law outside
of the attorney’s full-time employment is engaged in the private practice of
law.
(c) For the purposes of paragraph (a) of
this subsection, the principal office of an attorney is considered to be the
location where the attorney engages in the private practice of law more than 50
percent of the time engaged in that practice. In the case of an attorney in a
branch office outside Oregon and the main office to which the branch office is
connected is in Oregon, the principal office of the attorney is not considered
to be in Oregon unless the attorney engages in the private practice of law in
Oregon more than 50 percent of the time engaged in the private practice of law.
(3) The board may appoint such committees,
officers and employees as it deems necessary or proper and fix and pay their
compensation and necessary expenses. At any meeting of the board, two-thirds of
the total number of members then in office shall constitute a quorum. It shall
promote and encourage voluntary county or other local bar associations.
(4) Except as provided in this subsection,
an employee of the state bar shall not be considered an “employee” as the term
is defined in the public employees’ retirement laws. However, an employee of
the state bar may, at the option of the employee, for the purpose of becoming a
member of the Public Employees Retirement System, be considered an “employee”
as the term is defined in the public employees’ retirement laws. The option,
once exercised by written notification directed to the Public Employees
Retirement Board, may not be revoked subsequently, except as may otherwise be
provided by law. Upon receipt of such notification by the Public Employees
Retirement Board, an employee of the state bar who would otherwise, but for the
exemption provided in this subsection, be considered an “employee,” as the term
is defined in the public employees’ retirement laws, shall be so considered.
The state bar and its employees shall be exempt from the provisions of the
State Personnel Relations Law. No member of the state bar shall be considered
an “employee” as the term is defined in the public employees’ retirement laws,
the unemployment compensation laws and the State Personnel Relations Law solely
by reason of membership in the state bar. [Amended by 1955 c.463 §2; 1975 c.641
§3; 1977 c.527 §1; 1979 c.508 §1; 1983 c.128 §2; 1985 c.486 §1; 1989 c.1052 §5;
1995 c.302 §17]
9.090
Appropriation and disbursement of funds. The board may make appropriations and disbursements from the funds of
the bar and pay all necessary expenses. [Amended by 1969 c.314 §5; 1979 c.252 §17]
9.100
Statement of financial condition. The board shall have prepared annually a statement explaining the
financial condition of the state bar for the 12 months preceding. Such
statement shall be submitted by the executive director promptly to the Chief
Justice of the Supreme Court. [Amended by 1991 c.726 §2]
9.110
Board of governors to formulate rules. The board of governors may formulate and declare rules for carrying
out the functions of the state bar. [Amended by 1975 c.641 §4; 1981 c.193 §5;
1995 c.302 §5]
9.112
Board of governors to establish minimum continuing legal education
requirements. The board of
governors shall by rule establish minimum continuing legal education
requirements for all active members of the Oregon State Bar. Rules adopted by
the board of governors are subject to review by the Supreme Court. [1999 c.953 §3]
9.114
Mandatory training on duties relating to reporting child abuse. The Oregon State Bar shall require that
attorneys complete one hour of training every three years designed to provide
education on the duties of attorneys under ORS 419B.010. All training under
this section shall be applied by the bar against the hours of continuing legal
education required of attorneys as a condition of membership in the bar or as a
condition to the practice of law in this state. Credit acquired under this
section shall be applied first against any requirement of continuing legal
education relating to ethics. [1999 c.953 §2]
9.120 [Repealed by 1995 c.302 §23]
9.130 [Amended by 1979 c.508 §2; 1981 c.193 §2;
1983 c.373 §1; repealed by 1995 c.302 §23]
9.132
Trust account overdraft notification program. (1) Subject to the requirements of ORS 9.490, the Supreme Court may
establish a trust account overdraft notification program for attorneys.
(2) The board of governors may adopt
regulations for the administration of a trust account overdraft notification
program established under this section. Regulations adopted under this
subsection are binding upon all members of the bar only after those regulations
are approved by the Supreme Court. [1993 c.131 §2]
HOUSE OF
DELEGATES
9.136
House of delegates created; membership; terms. (1) The house of delegates of the Oregon
State Bar is created. The house consists of elected and ex officio voting
delegates. All delegates must be active members of the state bar except for the
public members of the board of governors and the public members appointed by
the board pursuant to ORS 9.145.
(2) The members of the board of governors
of the Oregon State Bar are ex officio voting delegates.
(3) The chairperson of each Oregon State
Bar section is an ex officio voting delegate.
(4) The elected president of each county
bar association is an ex officio voting delegate. Not more than one county bar
association from each county may be represented by a delegate under this subsection.
(5) Elected delegates shall be elected
from the regions established by ORS 9.025 and an additional region composed of
all areas not located in this state. Only active members of the bar may vote
for delegates. A member who maintains a principal office in one of the regions
established by ORS 9.025 may vote for delegates from the region where the
member maintains the office. A member who does not maintain a principal office
in this state but who has an address on file with the bar may vote for delegates
from the region composed of all areas not located in this state.
(6) Each region shall elect at least five
delegates. If more than 550 active members maintain their principal offices in
the region, the members shall elect delegates as follows:
(a) The members shall elect one delegate
for each 100 members who maintain their principal offices in the region.
(b) The members shall elect one additional
delegate if more than 50 members who maintain their principal offices in the
region are not accounted for after the allocation provided for in paragraph (a)
of this subsection.
(7) Elected delegates shall serve for
terms of three years. A vacancy in the office of an elected delegate shall be
filled for the remainder of the term by a delegate appointed by the board of
governors.
(8) An elected delegate may not serve as a
member of the board of governors, as a section chairperson or as a county bar
association president during the delegate’s term.
(9) For the purposes of this section, “county
bar association” means a general purpose bar association established by the
lawyers of one or more counties for the purpose of maintaining good
professional relations between members of the bench and of the bar in the
county or counties, and for the purpose of improving the administration of
justice in the county or counties. [1995 c.302 §7; 2001 c.297 §2]
9.139
Powers of house of delegates.
(1) The delegates at a meeting of the house of delegates may, by a vote of the
majority of the delegates attending the meeting, do either of the following:
(a) Modify or rescind an action or
decision of the board of governors.
(b) Direct the board of governors as to
future action.
(2) The board of governors is bound by a
decision of the house of delegates made in the manner prescribed by subsection
(1) of this section.
(3) The power of the house of delegates to
direct, modify or rescind an action or decision of the board of governors under
subsection (1) of this section does not include the power:
(a) To invalidate payments previously made
at the direction of the board;
(b) To direct, modify or rescind any
assessment by the board for contributions to a professional liability fund
established under ORS 9.080; or
(c) To direct, modify or rescind any other
action or decision by the board that is subject to control, approval or review
by the Supreme Court.
(4) Subsection (3)(c) of this section does
not affect the ability of the house of delegates to formulate disciplinary
rules under ORS 9.490. [1995 c.302 §8]
9.142
Rules for conduct of business; meetings. (1) The board of governors shall formulate rules for the conduct of
the business of the house of delegates. Rules adopted by the board become
effective upon the adoption of the rules by the house of delegates. The
president of the Oregon State Bar may call special meetings of the house. The
president shall call a special meeting of the house if 25 or more delegates
make a written request for a special meeting. A majority of the total number of
delegates constitutes a quorum for any regular or special meeting of the house.
(2) The board of governors shall set a
time and place for the annual meeting of the house of delegates. At the annual
meeting, the board of governors shall submit to the house of delegates 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 recommendations of the board. [1995
c.302 §9]
9.145
Public members. The board of
governors shall appoint a public member delegate for each region established by
ORS 9.025. A public member delegate shall serve a three-year term. A vacant
public member delegate position shall be filled for the remainder of the term
by a delegate appointed by the board of governors. The appointment of public member
delegates shall be made by the board before the time set for the election of
delegates under ORS 9.152. The term of a public member delegate shall commence
on the same date that the term of an elected delegate commences. [1995 c.302 §10;
2001 c.297 §3]
9.148
Participation by nondelegates; referral of question for mail vote; petition for
consideration or mail vote.
(1) Active members of the Oregon State Bar may participate in the discussion of
matters before the house of delegates, but only delegates may vote. The house
of delegates may by rule impose restrictions on participation by members of the
state bar who are not delegates.
(2) The board of governors or the house of
delegates, acting on its own motion, may refer to the members of the bar by mail
ballot any question or measure considered by the board or house to be
appropriate for submission to a vote of the members. Referral may be made under
this subsection at any time.
(3) Active members of the state bar, by
written petition signed by at least two percent of all active members, may have
placed on the agenda of a meeting of the house of delegates any question or
measure appropriate for a vote of the house. The petition shall contain the
full text of the question or measure proposed. The petition must be filed with
the executive director at least 45 days before the annual or special meeting of
the house specified in the petition at the meeting when the petitioners seek to
have the question or measure considered.
(4) Active members of the state bar, by
written petition signed by no fewer than five percent of all active members,
may request that the board of governors submit to a vote of the members any
question or measure. The board of governors shall submit the question or
measure to a vote of the members of the bar if the question or measure is
appropriate for a vote of the members. The initiative petition must contain the
full text of the question or measure proposed. [1995 c.302 §11]
9.150
Termination of delegate’s term.
The term of service of any delegate shall end upon the death or resignation of
the delegate. If the delegate is an attorney delegate, the term of service
shall end on the date that the delegate:
(1) Terminates the delegate’s active