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Oregon State Bar

Special Meeting of the Board of Governors

August 15, 2000 - Lake Oswego

Open Session Minutes

 

Mission Statement: The mission of the Oregon State Bar is to serve justice by promoting respect for the rule of law, by improving the quality of legal services, and by increasing access to justice.

The meeting was called to order by President Rew on Tuesday, August 15, 2000 at 12:25 p.m. The open session on Friday was from 12:25 p.m. to 1:25 p.m. All members of the Board of Governors were present with the exception of Dick Baldwin and Mary Burrows. Staff present, for all or portions of the meeting, were Karen Garst, Executive Director; Sandy Hise, Executive Assistant; Bob Oleson, Public Affairs Director; Kay Pulju, Communications Manager; George Riemer, General Counsel; and Sylvia Stevens, Assistant General Counsel. Others present were PLF Board members Gary Ackley and Tom Peachey.

1.Disciplinary Rule

A.Amendment to DR 1-103(E)(2) regarding Board ofGovernors liaisons to the PLF

Mr. Riemer presented the amendment to DR 1-103(E)(2).

Action:Mr. Williamson moved, Mr. Hytowitz seconded, to approve the amendment to DR 1-103(E)(2). The motion was approved by the board (14-0-2; absent Baldwin, Burrows).

2.Appearances/Special Issues

A.House of Delegates

1.Approval of 2000 House of Delegates Agenda

Mr. Rew reviewed the format of the 2000 HOD agenda and proposed that item 4, Adoption of the Final Meeting Agenda, be moved to follow the Report of the Chair of the BOG Budget and Finance Committee.

Mr. Hytowitz discussed his objection to the wording of item 11, Proposed study of Multidisciplinary Practice Issue (MDP), because it suggests that the BOG favors MDP. He felt it was more appropriate for the matter to be a discussion item rather than an action item. The pros and cons of the matter were discussed in light of the fact that the issue of MDP will not go away and should be dealt with. Proposed wording changes were discussed.

Action:Mr. Hytowitz moved, Mr. Tyner seconded, to remove from the 2000 HOD Agenda item 11, Proposed study of Multidisciplinary Practice Issue (MDP). The motion failed (2-12-2; yes Anderson, Hytowitz; absent Baldwin, Burrows).

Action:Mr. Williamson moved, Mr. Harnden seconded, to approve the wording changes to 2000 HOD Agenda item 11, Proposed study of Multidisciplinary Practice Issue (MDP), as shown in the attached exhibit.

Action:Mr. Anderson moved, Mr. Hytowitz seconded, to table the main motion. The motion failed (2-12-2; yes Anderson, Hytowitz; absent Baldwin, Burrows).

Action:The main motion was approved by the board (14-0-2; absent Baldwin, Burrows).

EXHIBIT, p. 9-10

Mr. Riemer discussed BOG policy concerns in regard to HOD agenda item 8, Supports Ballot Measure 94, related to its potential for being divisive and the BOG's need to decide where to draw the line. The financial impacts on the administration of justice were discussed. Ms. Pulju reviewed the bar's experience in providing neutral education about such issues to the public and the challenge of following the specific direction of the HOD without advocating a position. The pros and cons of the matter were discussed at length.

Mr. Lopez and Mr. Tyner volunteered to contact resolution author Susan Elizabeth Reese to discuss revising the wording to propose neutral education forums for the public. It was agreed that Ms. Pulju would assist with drafting the final language.

Action:Mr. Williamson moved, Mr. Tyner seconded, to revise HOD Agenda item 8, Supports Ballot Measure 94, to propose neutral educational forums as discussed in the preceding paragraph. The motion was approved by the board (14-0-2; absent Baldwin, Burrows).

EXHIBIT, p. 4-5

Mr. Hytowitz reviewed potential financial implications related to HOD agenda item 15 which proposes election of a chief delegate and regional delegates to the HOD. Mr. Riemer indicated he would follow up with the resolution authors and staff to develop cost estimates as needed.

Mr. Williamson discussed his opposition to resolution item 16 and proposed that he and Mr. Hytowitz draft a personal letter to the authors of both resolutions. Mr. Anderson proposed a joint BOG/PLF letter to address item 16.

Action:Mr. Anderson moved, Ms. Rinehart seconded, to send a joint BOG/PLF letter to the authors of resolutions 16 requesting it be withdrawn.

Action:Mr. Lopez moved, Mr. Harnden seconded, to table the main motion. The motion was approved by the board (13-1-2; no Hytowitz; absent Baldwin, Burrows).

Discussion continued about a joint BOG/PLF presentation at the September, 23, 2000 HOD meeting to address resolution item 16. Mr. Harnden also suggested that a personal phone call or visit to delegates may assist on this issue.

Action:Mr. Williamson moved, Mr. Hytowitz seconded, to approve the 2000 House of Delegates as amended. The motion was approved by the board (14-0-2; absent Baldwin, Burrows).

EXHIBIT, p. 1-19

3.GOOD OF THE ORDER (Non-action comments,

information and notice of need for possible future board action)

return to BOG minutes index

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