Oregon State Bar Bulletin — MAY 2005

Bar News

Nominations being sought for OSB’s annual awards
The OSB Board of Governors is seeking nominations for the 2005 Award of Merit and President’s Awards. This call for nominations is made to all members of the Oregon State Bar. Please take this opportunity to honor a member of the bar who deserves special recognition.

The Award of Merit is the highest honor the Oregon State Bar bestows. To be eligible for consideration, a nominee may be an Oregon lawyer or a non-lawyer who has made outstanding contributions to the bench, bar and community at large, and who exhibits the highest standards of professionalism. The President’s Awards are for current or former Oregon attorneys in the areas of affirmative action, membership services and public service. A specific criterion for each award is found in Section 4.4 of the OSB bylaws.

The deadline for nominations is 5 p.m., Aug. 30, 2005. The awards will be presented at the OSB Awards Dinner to be held Dec. 1, 2005, in conjunction with the OSB Conference of Bar Leaders.

Here you will find a copy of the Awards Nomination Form, which includes the awards’ criterion and former recipients. For questions or additional information, contact Teresa Wenzel by e-mail at twenzel@osbar.org, by phone at (503) 431-6386, by fax at (503) 598-6986, toll-free at (800) 452-8260, ext. 386, or by mail at the Oregon State Bar, 5200 S.W. Meadows Road, Lake Oswego, OR 97035.

Some CLE publications now available at 15-50 percent off regular prices
The Oregon State Bar CLE Publications Department is having an inventory reduction sale. Select CLE books are available at 15–50 percent off the regular price while supplies last. Available titles include:

Appeal and Review; Arbitration and Mediation*; Construction Law*; Contract Law; Damages; Ethical Oregon Lawyer*; Guardianships, Conservatorships, and Transfers to Minors*; Oregon Health Law Manual, Vols. 1-4; Insurance;; Labor and Employment Law, Private Sector and Public Sector; and Workers’ Compensation.

Specific sale prices and oredering info is available here or, call the OSB Service Desk at (503) 684-7413.

Because this is an inventory reduction sale, all sales are final. This offer only applies to publications in book format, not CD-ROM format, and is available while supplies last. You may combine your season ticket discount (and extra 10 percent) with this offer, and the series discount also applied to purchases of the full set of Oregon Health Law Manual.

(Books marked with an asterisk include forms on disk, which are licensed to one attorney user. Additional licenses may be purchased for other attorney users in the same firm or organization. Additional licenses may be purchased with your initial order or at a later time. Here you can review the license agreement before purchasing additional licenses. Additional licenses are not discounted.)

OWLs holds spring workshop
The Oregon Women Lawyers held its spring conference May 13, under the theme "Women as Leaders: The Power of Communication and Emotional Intelligence."

During the conference, keynote speaker Tracy M. Smith, CEO of Inhance, Inc., spoke on how the ability to use our emotions to guide our behavior and thinking can enhance results in leadership effectiveness. Following the keynote address were two breakout panels, one on mentoring relationships, the other on alternative dispute resolution. These panels featured nine prominent women in the legal profession sharing their views with attendees.

Diane Abraham, professor at the University of California-Berkley (Boalt Hall) School of Law, looked at how women can combine their strengths of wisdom and compassion with the determination and power to be heard, persuade and lead as a woman in the legal profession.

Publication for older adults issued
The new fourth edition of Legal Issues for Older Adults: An Oregon Legal Information and Reference Guide is now available from the Oregon State Bar.

This comprehensive publication provides understandable and detailed information written in lay terms. Its user-friendly format is designed to guide families through a number of legal topics that affect their daily lives.

This 142-page book covers Social Security, Medicare and Medicaid, estate planning, consumer information and more.

Visit the bar’s website here for a free download of the whole book or individual chapters.

To purchase a copy, contact the bar’s order desk at (503) 620-0222 or (800) 452-8260, ext. 413. The book costs $10 plus shipping and handling.

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

Michael W. Burnett of California, OSB #80181. In 1992, Burnett submitted his Form A resignation because he had moved to California, where he was admitted to practice in 1981. Since 1981, he has been in private practice in the Newport Beach area, currently as a partner in the firm of Burnett & Matthews. Upon reinstatement, Burnett plans to continue to live and practice in California, occasionally representing clients with Oregon interests.

Taylor L. Jacobson of Wilsonville, OSB #89420. Jacobson transferred to inactive status in 1998 because she was employed in a position not requiring active bar membership. From 2000 to 2002, Jacobson worked for Delta Air Lines, based in Atlanta. She has now returned to Oregon and upon reinstatement will actively seek work in the legal field.

Michael McDonough of Salem, OSB #76244. McDonough is presently serving an 18-month disciplinary suspension effective Dec. 1, 2003. In re McDonough, 336 Or 36, 77 P3d 306 (2003). He will be eligible for reinstatement in June 2005. Upon his reinstatement, McDonough plans to return to his private law practice in Salem.

David B. Peters of Portland, OSB #81133. On Dec. 25, 2004, Mr. Peters stipulated to a 180-day suspension from the practice of law, with the requirement that he seek reinstatement under BR 8.1. In re Peters, 18 DB Rptr 238 (2004). He will be eligible for reinstatement on June 27, 2005. After reinstatement, Mr. Peters plans to return to the practice of criminal law in the Portland area.

Nancy R. Walseth of Portland, OSB #78422. Walseth transferred to inactive status in 1998 to pursue business ventures in the brokering and documenting of sailboats. She presently owns Marine Title Northwest. Upon her reinstatement, Walseth intends to continue in this business.

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 the OSB Regulatory Services Division, P.O. Box 1689, Lake Oswego, OR 97035; phone: (503) 620-0222 or toll-free in Oregon at (800) 452-8260, ext. 343.

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CourtCare’s 2nd annual fundraising campaign wraps up

During the last week of April and the first week of May, Portland law firms once again competed against each other to see who can raise the most money for Multnomah CourtCare. Last year’s campaign raised over $65,000.

Multnomah CourtCare is Oregon’s only full-time courthouse child care center, a project spearheaded by the Multnomah Bar Association. It is operated by Volunteers of America Oregon. The state of Oregon and Multnomah County make yearly contributions to support this program, but without the support of Portland’s legal community the doors would close. Since its inception in December 2001, CourtCare has served more than 3,500 children.

This year, the goal was to raise $85,000. This would provide adequate funds so the free drop-in day-care facility can remain open for longer hours. The current hours of operation are 8:30 a.m.-4 p.m. Also, with the additional funds, CourtCare could operate at full capacity with adequate staffing.

Each month CourtCare serves an average of 85 children ages six weeks through five years. The parents of most of the children who enter CourtCare are at the courthouse due to domestic relations-type issues, including domestic violence, restraining orders, custody and divorce hearings. Restless and frightened, young children can be a distraction to parents, judges and court personnel. At worst, these disruptions can negatively affect the parent’s rightful access to legal services.

Last year’s "Proudest Pride" award went to Davis Wright Tremaine for the largest firm contribution, and the "Loftiest Leap" award went to Williams, Love, O’Leary, Craine & Powers for the largest per capita contribution. In addition to the firm awards, individuals who contribute $150 or more receive a "CourtCare Tiger" certificate, and single contributions of $500 or more receive a "CourtCare Lion" certificate.

This year’s results should be posted soon. Visit the MBA’s website, www.mbabar.org, for information about CourtCare and this year’s campaign.

Marion County Law Day
The Marion County Bar Association, in cooperation with Marion County Circuit Court, observed Law Day on Monday, May 2.

This open-house event featured court tours, including two courtrooms, the jury assembly area and sheriff’s office, accompanied by short presentations and time for questions about the court. The event coincided with Juror Appreciation Week.

Malheur County Law Day
The Malheur County Bar Association observed Law Day with an opportunity to learn about the legal justice system. The courtroom drama by Ayn Rand entitled "The Night of January 16th" was presented on May 5 at the Myer-McLean Theatre at the Four Rivers Cultural Center in Ontario. The free event also collected canned food donations for the Southeast Oregon Regional Food Bank.

"Night of January 16" is a classic audience participation courtroom drama. In an unusual twist, a jury composed of audience members will decide the fate of the accused at the end of the play.

Magistrate reappointment
On Dec. 31, 2005, the current term of office of U.S. Magistrate Judge Dennis J. Hubel will expire. The court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight-year term.

The duties of the position are demanding and wide-ranging and will include the conduct of most preliminary proceedings in criminal cases; trial and disposition of misdemeanor cases; and conduct of various pretrial matters and evidentiary proceedings on delegation from the judges of the district court; and trial of civil cases with consent of the parties. The basic jurisdiction of the magistrate judge is specified in 28 U.S.C. §636.

Comments from members of the bar and public are invited as to whether Magistrate Judge Hubel should be recommended by the panel for reappointment by the court. Comments should be directed to: Donald M. Cinnamond, Clerk of Court, U.S. District Court of Oregon, 1000 SW Third Avenue, Suite 740, Portland, OR 97204. Comments must be received by June 30.