Oregon State Bar Bulletin — JANUARY 2011

Bar Actions

Discipline

Note: More than 14,000 persons are eligible to practice law in Oregon. Some of them share the same name or similar names. All discipline reports should be read carefully for names, addresses and bar numbers.

J. LEE STREET
OSB #983965
Gladstone
One-year suspension
8 months stayed, 2-year probation

Pursuant to a stipulation for discipline approved by the Oregon Supreme Court, attorney J. Lee Street was suspended from the practice of law for one year, with eight months of the suspension stayed pending a two-year term of probation. The four months of imposed suspension commenced Nov. 10, 2010.

The stipulation for discipline recites that Street did not file, until April 2010, federal and state personal income tax returns for tax years 2003-2008, and has not paid all income tax due for those years. Street stipulated that this conduct violated former DR 1-102(A)(2) (for tax year 2003) and RPC 8.4(a)(2) (for subsequent years), which prohibit certain criminal conduct. The violations were mitigated by an absence of any prior disciplinary history, the presence of a mental health condition (depression) at the time of the violations, and good character and reputation in the community, among other factors.

The terms of probation include a payment plan for back taxes owed, treatment as directed by health care providers and monitoring by the bar.

BRACE WILLIAM GINSLER
OSB #060636
Portland
Form B resignation

Effective Oct. 21, 2010, the Oregon Supreme Court accepted the Form B resignation of Portland lawyer Brace William Ginsler. At the time of his resignation, the bar was investigating the complaints of several clients after Ginsler abruptly ceased communicating with them or appearing in his office. The complaints raised allegations that may have implicated RPC 1.3 (neglect of a legal matter); RPC 1.4(a) (failure to keep a client reasonably informed); RPC 1.5(a) (excessive fees); RPC 1.15-1(a) (commingling); RPC 1.15-1(c) (failure to deposit and maintain client funds in a trust account); RPC 1.15-1(d) (failure to promptly deliver property of another); RPC 1.16(a)(1) (mandatory withdrawal from representation); RPC 1.16(d) (duties upon withdrawal from representation); and RPC 8.4(a)(3) (dishonesty).

Ginsler’s resignation recites that all client files and records in his possession have been turned over to the Professional Liability Fund or returned to the client.

SCOTT A. HODGESS
OSB #012880
McMinnville
Public reprimand

On Oct. 29, 2010, the disciplinary board approved a stipulation for discipline publicly reprimanding McMinnville lawyer Scott Hodgess for violating ORS 9.160 (practicing law when not an active bar member), RPC 5.5(a) (practicing in violation of the profession’s regulations) and RPC 8.1(a)(2) (knowing failure to respond to lawful demand for information).

In 2008, Hodgess was suspended from membership in the Oregon State Bar for failure to pay his Professional Liability Fund assessment. For a brief period before he was reinstated, Hodgess engaged in the unauthorized practice of law by: appearing in court on behalf of clients; drafting pleadings or other legal documents for clients; rendering legal advice to clients; communicating with opposing counsel or third persons about legal proceedings; filing pleadings or reports with the court on behalf of clients; and holding himself out to the public as and representing to third persons that he was qualified to practice law. Hodgess thereafter failed to respond fully to the bar when the bar inquired about his conduct. At the time of the violations, Hodgess was experiencing personal or emotional problems for which he later received treatment.

Hodgess was admitted to the practice of law in 2001. He had a prior admonition for similar conduct.



Applications

The following have applied for admission under the reciprocity, house counsel or law teacher rules. The Board of Bar Examiners requests that members examine this list and bring to the board’s attention in a signed letter any information that might influence the board in considering the moral character of any applicant for admission. Send correspondence to Admissions Director, Oregon State Board of Bar Examiners, P.O. Box 231935, Tigard, OR 97281.

Reciprocity: Katie Ann Axtell; Lawrence Eugene Bonnell; Amy Jane DeLisa; Brent Adrian De Young; Blake Nathaniel Dore; Margaret Pak Enslow; Suzanne Marie Gall; Sandra Lorraine Good; Sarah Elizabeth Heineman; Britannia Ingrid Hobbs; Joseph James Anthony Jackson; Jamie Steven Kilberg; Darren Robert Krattli; Jaime Marie Lemons; Michael Trevor Morgan; Mark Andrew Peternell; Laurie Yasuko Shiratori; Matthew Michael Smith; and James Paul Wagner.

House Counsel: Tyler Geoffrey Jacobsen.

Notice of Reinstatement Application
The following attorneys have filed an application for reinstatement as an active member of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1:

Cheryl K. Smith of Chesire, Ore., #911037. Cheryl Smith voluntarily transferred to inactive status in January 2005, to pursue a career as a writer and editor. She served as a managing editor of a magazine from 2005 to 2009, and since November 2009, has been executive director of Compassion Center, a nonprofit in Eugene. She plans to remain in her current position upon reinstatement.

John Pat Horton of Bend, #670523. J. Pat Horton voluntarily transferred to inactive status in April 2000, and was suspended for nonpayment of bar dues in July 2004. Since leaving practice in 2000, Horton has engaged in commercial real estate development in Central Oregon. He seeks reinstatement to join the staff of the Deschutes County District attorney’s office.

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 whether the resumption of the practice of law in this state by the 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 OSB Regulatory Services Division, P.O. Box 231935, Tigard, OR 97281; phone: (503) 620-0222, or toll-free in Oregon, (800) 452-8260), ext. 343.



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