Oregon State Bar Bulletin — APRIL 2005

Bar News

Reciprocity with Utah begins
The Oregon Supreme Court approved changes to Oregonís Rule for Admission of Attorney 15.05 on Jan. 28, 2005 to add Utah to the list of states whose lawyers may qualify for reciprocity admission without being required to take and pass the Oregon bar examination. The changes became effective Feb.1, 2005.

Lawyers from Idaho, Washington and Utah may now seek reciprocity admission in Oregon under the following requirements:

(a) present satisfactory proof of their:

(i) possession of a law degree either Juris Doctor (J.D.) or Bachelor of Law (LL.B.) from a law school approved by the Council of the Section of Legal Education and Admissions to the bar of the American Bar Association at the time the applicant matriculated;

(ii) passage of the Idaho, Utah and/or Washington bar examinations;

(iii) admission to the practice of law in Idaho, Utah and/or Washington;

(iv) active membership in the Idaho State Bar, Utah State Bar and/or Washington State Bar Association; and

(v) lawful active practice of law for no less than three of the four years immediately preceding their application for admission under this rule;

(b) possess the good moral character and fitness required of all other applicants for admission to practice law in Oregon;

(c) complete such applications and submit such other information as may be required by the Oregon Board of Bar Examiners and Oregon Supreme Court within six months of the date of filing the application; and

(d) pay such application fees and costs as may be established by the Oregon Board of Bar Examiners and the Oregon Supreme Court for applicants under this rule.

For more information and applications for reciprocity admission, contact Marlyce Gholston, Executive Director, Oregon Board of Bar Examiners, 5200 S.W. Meadows Road, Lake Oswego, OR 97035 (503) 431-6410).

Oregon lawyers seeking reciprocity admission in Idaho, Washington, and Utah under their "mirror images" of Oregonís rule should contact the admission authorities in those states through the Idaho, Washington, and Utah state bars.


OSB voting just got easier
Update your e-mail address in order to vote electronically in the next Oregon State Bar election. Voting online is not only convenient, but it also saves money and more members get involved in the election process.

If your e-mail address is on file, youíll receive an e-mail from the bar with a link to the current online ballot. Make sure your current e-mail address is on record by sending an e-mail to addresschanges@osbar.org. Please include your: bar number, name and e-mail address.

For general questions on elections, contact Jane Gillespie, (503) 620-0222, ext. 308.


Request for Public Comment on proposed changes to the UTCR
The Uniform Trial Court Rules (UTCR) Committee met on October 8, 2004, to discuss twenty-six proposals to amend the UTCR and to make preliminary recommendations to the Chief Justice of the Oregon Supreme Court. A description of the proposals and action taken by the committee can be found at: http://www.ojd.state.or.us/
programs/utcr/utcrrules.htm
. This information will also be published in the Oregon Appellate Courts Advance Sheets in the near future.

Proposals of special note include: a new rule on notarized affidavits (Chapter 2); a new rule on segregating protected personal information in existing court files (2.110); new procedures and a form for reporting punitive damage awards to the Department of Justice (Chapter 5 and 5.100); various substantive changes regarding mediation (Chapter 12); and various changes to the small claims forms (Chapter 15). In addition, UTCR 2.100 was amended out-of-cycle to create a simplified procedure and forms for segregating social security numbers when filing documents with a court.

The committee encourages all interested parties to submit comments on these proposals. Please send your comments to: UTCR Reporter, Office of the State Court Administrator, Supreme Court Building,1163 State Street, Salem, Oregon 97301-2563 or utcr@ojd.state.or.us.

The committee will make final recommendations on these proposals to the Chief Justice at the next UTCR meeting, April 1, 2005, 9:00 a.m., Office of the State Court Administrator in Salem. Those proposals approved by the Chief Justice will become effective August 1, 2005.


Notice of Reinstatement Application

The following attorneys have filed applications for reinstatement as active members of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1.

Stephen J. Brooks of Portland, Bar No. 8917. In 1999, Mr. Brooks transferred to inactive status and was subsequently suspended for failure to pay dues on July 2, 2003. He has been employed in the area of non-profits and financial consulting. Mr. Brooks is also an inactive member of the Washington State Bar, where he was admitted in 1993. Mr. Brooks has no specific plans after reinstatement, but is actively seeking positions in the legal field.

Alan Chalfie of Valencia, California, Bar No. 95553. Mr. Chalfie transferred to inactive status in 1997 because he was living and working in California, where he was admitted to the bar in 1980. Since 1998, Mr. Chalfie has been a sole practioner, focusing primarily on family law. He has no immediate plans to practice law in Oregon upon his reinstatement.

Ann E. Habernigg of Kirkland, Washington, Bar No. 90061. In 1994, Ms. Habernigg transferred to inactive status to relocate to California, where she was admitted to practice law in 1987. She continues to maintain active status with the California bar. In 2003, she moved to Washington to accept a position as Senior Counsel with a high tech company. Ms. Habernigg intends to remain in this position after her reinstatement.

Job B. Lazar of West Linn, Bar No. 88253. Mr. Lazar is seeking reinstatement from a 120-day disciplinary suspension which commenced on December 12, 1995. (In re Lazar, SC S42848, 9 DB Rptr 245 [1995].) Since 1995, he has been employed primarily in real estate sales. Mr. Lazar has no specific plans upon reinstatement, but states he may pursue a legal career focusing on real estate law.

Calvin H. Luetjen of Lake Oswego, Bar No. 54053. On March 27, 2004, Mr. Luetjen was suspended from the practice of law for one year. (In re Luetjen, SC S51108, 18 DB Rptr ___ [2004].) While suspended, he has performed non-legal work for a Portland engineering firm, assisting them in maintenance of stock records. If reinstated, Mr. Luetjen intends to return to his solo law practice in downtown Portland.

Timothy J. Monahan of Spartanburg, South Carolina, Bar No. 84441. Mr. Monahan transferred to inactive status in 1988 to relocate to Louisiana, where he was admitted to practice law in 1987. (He is also a member of the South Carolina Bar.) Mr. Monahan has been working as a patent attorney for a Baton Rouge law firm, and most recently as a patent attorney for a South Carolina chemical manufacturer. Upon reinstatement, he plans to open a law firm in Portland, specializing in intellectual property law.

Lisa D. Nordstrom of Portland, Bar No. 97352. In 1998, Ms. Nordstrom transferred to inactive status because she had moved to Idaho, where she was admitted to practice law on September 24, 1997. After working as a deputy prosecuting attorney and deputy attorney general in Idaho, Ms. Nordstrom has recently returned to Oregon and accepted a position as a Regulatory Attorney in the General Counselís Office of PacifiCorp.

Christine Samwick of Lake Oswego, Bar No. 91412.
Ms. Samwick transferred to inactive status in 1995 to stay home with her children. While inactive, she has also worked as an office manager/legal assistant for her husband, attorney Matthew Samwick. Upon reinstatement, Ms. Samwick will practice law with her husband in his Lake Oswego law firm.

Everett Walton of Koror, Palau, Bar No. 96027. In 1998, Mr. Walton was suspended for failure to pay dues. He had relocated to Micronesia, where he was admitted to practice law in 1999. (He is also a member of the Illinois, Hawaii and Palau bars.) Mr. Walton has been employed as Assistant Attorney General and Special Prosecutor, first in Micronesia and currently in Palau. He plans to return to Oregon and seek legal work upon his reinstatement.

The Rules of Procedure require the Board of Governors to conduct an investigation of BR 8.1 reinstatement applications to determine whether applicants possess the good moral character and general fitness to practice law, and that the resumption of the practice of law in this state by these applicants will not be detrimental to the administration of justice or the public interest. Any person with information relevant to these applications is asked to contact promptly the Regulatory Services Division at the Oregon State Bar, PO Box 1689, Lake Oswego, OR 97035-0889, 620-0222, or 1-800-452-8260, extension 343.


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Honoring 50-year members

The achievements of the 2005 50-year members of the Oregon State Bar. The class of 1955 will be honored at a special luncheon to be held at the Tualatin Country Club from noon to 1:30 p.m. on Friday, May 6. Tickets for the lunch cost $25 per person. If you would like to RSVP, or would like additional information about this event, contact Shannon Bushlach at (800) 452-8260, ext. 367, or (503) 620-0222, ext. 367; e-mail: sbushlach@osbar.org. Please RSVP by April 22.

Plans are under way to make this a memorable event. Everyone is invited to join the luncheon and in honoring the 50-year members of the bar.

The Class of 1955 includes: Richard D. Barber Sr., Clarence Barrett, Hon. William A. Beckett, Frank E. Bocci, Bonnie J. Mentzer, Charles H. Clarke Jr., George R. Duncan Jr., Leon Gabinet, Rockne Gill, Robert L. Gilliland, James C. Goode, Dale M. Harlan, David G. Hayhurst, Robert M. Heil, Preston C. Hiefield Jr., Thomas P. Joseph Jr., Harold J. Lance, William D. McDonald, John D. McLeod, Bonnie J. Mentzer, William P. Merriam Jr., James R. Moore, Hon. Hollie Pihl, Hon. James A. Redden, Campbell Richardson, Frank D. Riebe, Noreen K. (Saltveit) McGraw, Bernard L. Shain, Garth F. Steltenpohl, Roscoe E. Watts, Marvin J. Weiser, John F. Weisser Jr., Hon. George J. Woodrich and Nicholas D. Zafiratos.

May 10 filing deadline
The Oregon State Bar is currently recruiting for candidates for the Board of Governors. There are three board positions open to bar members, one in Region 2 and two in Region 5. Board terms begin on Jan. 1, 2006, and are four-year terms. Region 2 encompasses Lane County and Region 5, Multnomah County.

The board has six regular meetings a year, on a Friday and the following Saturday morning. Nearly half of the meetings are in the Portland area and the remainder at locations around the state.

Check here for more information or to print a copy of the candidatesí statement and nominating petition or contact Jane Gillespie at (503) 620-0222 or toll-free in Oregon at (800) 452-8260, ext. 308.

Annual reports available
The 2004 OSB Bar Committee and Section Annual Report is now available in paper or electronic format. The report is a summary of the activities of the year and any anticipated activities for the upcoming year.

Each year reports from bar committees and sections are compiled into a publication and distributed to the committees and sections for review and to be used as a reference.

To request a paper copy, contact Jane Gillespie at (503) 620-0222, ext. 308; e-mail: jgillespie@osbar.org; or download an electronic copy here.

OSB voting just got easier
Update your e-mail address in order to vote electronically in the next Oregon State Bar election. Voting online is not only convenient, but it also saves money, and more members get involved in the election process.

If your e-mail address is on file, youíll receive an e-mail from the bar with a link to the current online ballot. Make sure your current e-mail address is on record by sending an e-mail to addresschanges@osbar.org. Please include your bar number, name and e-mail address.

For general questions on elections, contact Jane Gillespie, (503) 620-0222, ext. 308.

Speaking of voting
At its 2004 meeting the House of Delegates directed the Board of Governors to conduct an advisory vote of the membership regarding online CLE publications. Details of the proposal have been published in the Bulletin and have been the subject of messages to the membership via e-mail and regular mail. Details are also available here.

On March 31, the ballot questions were sent to members, along with election information for the OSB House of Delegates election.

This is a reminder that ballots are due by April 15. Results will be available in early May.