OREGON STATE BAR

MEETING OF THE BOARD OF GOVERNORS

January 22, 1999 - Salem

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.

Open Session Minutes

The meeting was called to order by President Johnson on Friday, January 22 at 1:10 p.m. The open session on Friday was from 1:10 p.m. to 3:30 p.m. and from 4:40 p.m. to 4:50 p.m. (on Friday recessed to the Judicial Proceedings agenda 3:30 p.m. to 4:30 p.m. and recessed to Executive Session agenda from 4:30 p.m. to 4:40 p.m.). All members of the Board of Governors were present. Staff present were Karen Garst, Executive Director; Sandy Hise, Executive Assistant; Bob Oleson, Public Affairs Director; George Riemer, General Counsel; and Jeff Sapiro, Disciplinary Counsel. Also present was Jeff Carter.

 

1.REPORT OF OFFICERS

A.Report of the President

1.Welcome to new public member Mary McCauley Burrows

Mr. Johnson welcomed new public member Mary McCauley Burrows, former legislator and former member of the SPRB and the Disciplinary Board. Ms. Burrows was appointed to fill the vacancy left when Ms. Olberding resigned.

2.Meeting with Chief Justice Carson

Mr. Johnson reviewed highlights of the January 7 meeting with Chief Wallace Carson which he attended with Ms. Garst, Mr. Oleson and Mr. Riemer. The discussion included the issue of an amendment to the firm unit rule regarding lawyer legislators and suits against the state.

B.Report of the President-Elect

1.Mr. Rew shared his work with the ABA’s State Justice Initiatives Program and discussed highlights of OSB budgetary policy issues including Directors and Officers Insurance and the reserve fund investment policy.

C.Report of the Executive Director

1.August 10, 1999 special meeting and 2000 BOG meeting dates

Ms. Garst encouraged board members to calendar the August 10 conference call meeting to approve the HOD agenda as well as the board meeting dates in 2000.

2.Operations update

Ms. Garst reviewed plans to restructure bar operations by grouping programs into functional areas. A smaller group of managers will facilitate strategic thinking. She also discussed the history of the OSB Department Program Measurements report provided to board members. Manager evaluations are based on their respective program outcomes. Ms. Garst indicated that she has shared this information with other mandatory bars.

 

2.OSB OPERATIONS AND PROGRAMS

(non-policy items)

A.Policy & Governance Committee

1.Proposed revisions to the Bar/Press/Broadcasters Council Joint Statement of Principles

Mr. Baldwin indicated this matter was moved to the consent agenda (item 6.C.6). He asked board members to provide short memorandums to the BOG in the event they would like to consider a consent agenda separately from the other consent items.

B.Public Affairs Committee

1.Judicial Branch issues at the legislature

Mr. Hittle reported on issues pending at the legislature including SJR 7 which would require senate confirmation of the governor’s judicial appointments. At its 1998 meeting the OSB House voted to support judicial independence and to not undermine the current process for selecting judges. The bar testified against SJR7 at the legislature and discussed alternatives including the possibility of scheduling a special HOD meeting to discuss them. Mr. Hittle discussed various political perceptions on the matter and read the resolution approved by the 1998 HOD as follows, ' Resolved that the Oregon State Bar reaffirms its strong support of the current constitutional and statutory structure for the election and selection of judges that guarantees an independent judiciary.'

Mr. Hittle asked for guidance from the board and the discussion ensued as follows: (1) It’s unnecessary to wait until the September HOD meeting to address changes to the judicial process. (2) This might be an opportunity to talk with the legislature about the Missouri Plan and improved ways to select judicial candidates. (3) The Public Affairs Committee is trying to avoid being too aggressive in this regard. (4) Concern was expressed about also being too cautious about the matter. (5) The matter might be referred to an appropriate bar committee to consider alternatives and whether a special HOD meeting is necessary. (6) Suggest that the legislature study the conclusions of the judicial commission formed in the 1970s regarding the Missouri Plan.

2.Lawyer-legislators and related regulatory issues

Mr. Hittle indicated the Public Affairs Committee discussed two issues – the firm unit rule in regard to suits against the state and a bill introduced to allow an MCLE exemption for lawyer legislators.

Mr. Riemer reported on the negative reaction from the Supreme Court at a recent meeting regarding the proposed firm unit rule change. The Supreme Court did vote to reconsider the matter on February 2. The board discussed the impacts on firms and their lawyers who are legislators. Mr. Johnson discussed the desire to ensure that the bar rule does not impose restrictions over and above what the Constitution required.

Mr. Riemer expressed concern about permitting exemptions from MCLE compliance. He proposed a rules change to give lawyer legislators two hours credit per month while the Legislature was in session. He listed current situations where MCLE credit is allowed for various activities, e.g., bar examiners, legal research (not done for primary employment), and various committee activities (Ethics, CLE, Judicial Fitness, LPRC, SPRB, Disciplinary Board, etc.). Mr. Riemer read wording for a proposed rule as shown in the following motion. He discussed the merits of the legislators’ work as law improvement not associated with their regular employment. The board discussed the rule change process which requires MCLE Board approval and Supreme Court approval.

Action:Mr. Rew moved, Ms. Rinehart seconded, to approve a resolution recommending to the MCLE Board proposed new MCLE Rule 5.2(f) – 'Legislative Service: Two credit hours per month for each full month of service as a member of the Oregon Legislative Assembly while it is in session.' The motion was approved unanimously by the board.

Mr. Baldwin will attend the January 23 MCLE Board meeting to present the preceding resolution from the BOG.

3.Policy and law improvement requests

Mr. Hittle briefly reviewed the Public Affairs Committee’s list of monitored bills.

4.Proposed letter to Oregon’s Congressional Delegation supporting Section 801 of recently enacted Public Law 105-277

Mr. Hittle presented a recommendation that the board approve the letter to Senator Wyden supporting recently enacted section 801 of Public Law 105-277. This new law requires federal government lawyers practicing in Oregon to abide by the Oregon Code of Professional Responsibility which is applicable to all members of the Oregon State Bar. It is proposed that the same letter be sent to the entire Oregon Congressional Delegation.

Action:The Public Affairs Committee moved to approve the letter to Senator Wyden (shown on agenda exhibit pages 42-43) supporting recently enacted section 801 of Public Law 105-277, and to send the same letter to the entire Oregon Congressional Delegation. The motion was approved by the board (15-0-1; absent Sumner).

5.Federal Practice and Procedure Committee (FP&P)

a.Recommendations on splitting Ninth Circuit and the Commission on Structural Alternatives for the Federal Courts of Appeals

Mr. Riemer presented the Public Affairs Committee’s recommendation to refer to the FP&P Committee the final report of the Commission on Structural Alternatives for the Federal Courts of Appeals to develop a recommendation on what the OSB’s position, if any, should be and how that position should be communicated to Congress and/or the President. There was consensus to do so and to consider the committee’s recommendations at the April board meeting.

b.Recommendations regarding proposed changes to Federal Rules of Civil Procedure and Evidence

Mr. Riemer reviewed the Public Affairs Committee’s recommendations to oppose changes to the Federal Rule of Civil Procedure 26 and Federal Rule of Evidence 702. The Federal Practice and Procedure Committee asked the board to go on record in opposition to both rules.

Action:The Public Affairs Committee moved to oppose the outlined changes to Federal Rule of Civil Procedure 26 and Federal Rule of Evidence 702. The motion was approved unanimously by the board.

6.Weekly conference call meetings

Mr. Hittle announced that the Public Affairs Committee plans to schedule weekly conference calls with its members to share information about the status of legislative matters. If other board members are interested in participating they should contact Mr. Oleson. He encouraged ongoing feedback from BOG members during the legislative session.

C.Access to Justice Committee

1.Report from Access to Justice Conference Planning Committee

Mr. Harnden reviewed the proposal of the Access to Justice Committee related to recommendations from the Access to Justice Conference Committee (shown on agenda exhibit page 68). He also reviewed the various groups working on access to justice issues – the BOG’s Access to Justice Committee, chaired by Mr. Harnden; the Chief Justice’s Access to Justice Committee, chaired by Mr. Baldwin; the Access to Justice Conference Committee, chaired by Jeff Carter (a sub-committee of the BOG’s committee); the Justice Initiatives Committee, chaired by Judge Ellen Rosenblum; and the involvement of Mr. Rew in the ABA’s Justice Initiatives Program.

Mr. Carter was present and thanked the BOG on behalf of the Access to Justice Conference Committee, for its support for the Access to Justice Conference held November 20-21, 1998 at The Resort at the Mountain in Welches. He summarized the success of the first conference as outlined on agenda exhibit page 68 and plans to seek a broader base of financial support. Mr. Carter discussed the committee’s recommendation to create the Access to Justice Network (AJN) as an ongoing task force to lead and coordinate the work being done on access issues.

Mr. Harnden reviewed the revisions (to the recommendations of the Access to Justice Conference Committee) recommended by the board’s Access to Justice Committee as shown below:

1.The BOG strongly urges the primary stakeholders to develop a strong network to lead and coordinate the work on access issues.

2.The network so established is encouraged to work toward developing a comprehensive vision of 'full access' and plans to achieve that vision.

3.The BOG will incorporate an access to justice mini-session at the 1999 bar convention.

4.The Oregon State Bar will sponsor, along with other stakeholders, an Access to Justice Conference in April, 2000, to coincide with the joint meeting of the Board of Governors and the Oregon Law Foundation.

Mr. Harnden summarized by saying that a network needs to be setup to coordinate and efficiently handle access to justice issues, and that an access conference should be scheduled every two years. This preceding recommendation excluded specifics about the formation of the network which will be presented to the board at the April meeting.

Action:The Access to Justice Committee moved to approve its recommendations (itemized in the preceding four items) regarding formation of an access to justice network, a mini session at the 1999 bar convention, and a conference in March/April, 2000. The motion was approved unanimously by the board.

Mr. Baldwin reviewed his work with the Judicial Department’s Access to Justice Committee, that group’s five-year focus on racial and ethnic bias, and its recent work on gender bias. He reiterated the importance of focusing the limited resources available for this effort. Mr. Rew discussed the ABA’s Justice Initiatives Program which has been addressing matters such as court facilitators and Modest Means access with significant input from people who use the court system.

Mr. Johnson thanked Mr. Carter for appearing before the board to report on the work of the Access to Justice Conference Committee and its success with the recent conference.

2.Recommendation for session at 1999 Biennial Meeting

Action taken in the preceding motion.

 

3.BOG OPERATIONS AND COMMITTEES

(non-policy items)

A.Awards Special Committee

1.BOG role in the 1999 awards program

Mr. Hytowitz gave a progress report on the awards program for the 1999 Award of Merit and the 1999 President’s Awards. A new brochure, designed to promote the awards nomination process, has been mailed to the leaders of OSB committees, sections, task forces, councils and divisions, presidents of local bar associations and leaders of specialty bar organizations. The awards process will also be promoted on the OSB web page with access to an online brochure. Mr. Orf and Mr. Johnson asked board members to attend meetings with assigned bar groups to encourage nominations of members for the 1999 awards. Ms. Hise was asked to send extra copies of the brochure to the BOG.

2.Update on the Professionalism Award

Mr. Hytowitz reported that he contacted Jim Chaney, chair of the Professionalism Commission, regarding the status of the proposed award for professionalism. The commission has not yet determined the direction it will pursue with the award.

3.Proposed revisions to BOG Policy 5.604 and 5.605

Mr. Orf recommended revisions to the rules for judicial appointments and the criteria for judicial appointments contained in BOG Policy 5.604 and 5.605. Mr. Riemer indicated that the one meeting notice rule required that action on the policy revisions be carried over to the April meeting, unless the rule is waived by a two-thirds vote. Mr. Johnson felt it best to give the board time to think about the proposed revisions and discuss them further. Others expressed concern that members receive notice of all appellate court vacancies. The Governor’s Office doesn’t send out the notification, the bar does. Mr. Orf described the difficulty for staff in sending out a notice to the members in a short time frame. The discussion continued that the revision to BOG Policy 5.604(A) does not address the burden of a short timeline that challenges the ability of committee members to check references.

Action:Mr. Hytowitz moved, Mr. Tyner seconded, to waive the one meeting notice required by Bar Bylaw 4.2(B) in order to take action on the proposed amendments to BOG Policy 5.604 and 5.605. The motion was approved by the board (15-1-0; no Johnson).

Action:Mr. Lopez moved, Mr. Hytowitz seconded, to approve amendments to BOG Policy 5.604(A) and 5.604(B). A friendly amendment was accepted to BOG Policy 5.604(A) so as to read, 'If an appellate selection process has been conducted three months preceding the announcement of a new appellate vacancy, the Board…' The motion as amended was approved by the board (14-2-0; no Hittle, Johnson).

Action:The Appellate Selection Special Committee moved to approve amendments to BOG Policy 5.605(A)(3). The motion was approved unanimously by the board.

 

4.OSB COMMITTEES, SECTIONS, COUNCILS, DIVISIONS AND TASK FORCES

A.Client Security Fund Committee [Mr. Scott]

1.CSF Claim No. 98-22 - Sticka v. Shannon

Mr. Scott presented the claimant’s appeal of the Client Security Fund Committee’s denial of CSF Claim No. 98-22. The board had a lively discussion about the background of the claim and whether to study the matter further.

Action:Mr. Scott moved, Mr. Baldwin seconded, to deny CSF Claim No. 98-22 – Stick v. Shannon. The motion was approved unanimously by the board.

 

5.RULES AND ETHICS OPINIONS

A.Opinion in In re Allen - concept of credit against term of suspension

Mr. Sapiro presented the background of the recent opinion of In re Allen, 328 Or 63, ____ P2d ___ (1998), and asked whether the board wished to undertake a study of the concept of allowing a disciplined lawyer to obtain 'withdrawal credit' against a term of disciplinary suspension. The following was discussed: (1) The board should take no further action. (2) In its brief, the bar implicitly made a committment to study the issue. (3) The bar’s reconsideration was filed in conjunction with the case which is over and had nothing to do with Mr. Allen’s reinstatement. (4) The matter could be discussed with Chief Justice Carson.

There was consensus for Mr. Johnson to discuss the matter with Chief Justice Carson. Mr. Johnson will report back to the board at the April meeting.

6.CONSENT AGENDA

Agenda item 6.C. 4., Proposed revision of BOG Policy 11.900 - Keller Arbitrations. was removed from the consent agenda and carried over to the April board meeting.

Action:Mr. Hytowitz moved, Mr. Scott seconded, to waive the one meeting notice required by Bar Bylaw 4.2(B) to take action on proposed changes to the Bar/Press/Broadcasters Council Joint Statement of Principles (item 6.C.6. The motion was approved by the board (15-0-0-1; abstaining Burrows).

Action:Mr. Scott moved, Mr. Davis seconded, to approve the following consent agenda items to include the revision to the January 11, 1999 minutes as stated in item 6.A. below. The motion was approved by the board (15-0-0-1; abstaining Burrows).

A.Reading and approval of November 14-15, 1998 meeting minutes (as revised) and January 11, 1999 special meeting minutes

Mr. Hytowitz requested that the January 11, 1999 special meeting minutes be revised to reflect that he abstained from the vote on item 1A1, not Mr. Hittle.

B.Appointments Committee

1.Appointment to Lawyer Referral Committee

2.1999-2000 appointment process - appointment preference form

3.Recommendations to Ninth Circuit Judicial Conference

4.Appointment to Uniform Criminal Jury Instructions Committee

5.Appointment to Lane County LPRC

6.Disciplinary Board Recommendations to Supreme Court

EXHIBIT, p. ___

C.Policy & Governance Committee

1.Recommendations regarding election of section officers

2.Proposed BOG Policy revisions - Biennial Meeting/HOD

3.Recommendations regarding small attendance at CLE programs

4.Proposed revision of BOG Policy 5.204(C) -Permitting public members to serve successive terms on the BOG in certain circumstances

5.Proposed revisions to the Bar/Press/Broadcasters Council Joint Statement of Principles

D.Client Security Fund Committee

1.CSF Claim No. 98-18 - William v. Martin

2.CSF Claim No. 98-24 - Blechman v. McNamara

3.CSF Claim No. 97-24 - Eidenschink v. Shannon

7.DEFAULT INFORMATION AGENDA

Mr. Johnson indicated that the board could discuss any of the items on the following default information agenda if desired. He reported that a delay had occurred in the memorandum from Judge Carlson relating to the University of Oregon Admissions issue (agenda item 7.A.2.).

A.Report of the President

1.Board Project Status Report

B.Report of the Executive Director

1.Operations Report

2.Article entitled, 'Phillips, IOLTA, and the Lawyer’s Duty to Communicate'

3.OTLA correspondence regarding Lawyer Referral

C.Budget & Finance Committee

1.Preliminary 1998 Financial Report

2.Update on association management software

D.Client Security Fund Committee

1.CSF Claims Report

8.GOOD OF THE ORDER (Non-action comments, information and notice of need for possible future board action)

A.Mr. Riemer, as an OSB ABA House of Delegate member, discussed the ABA’s proposal to enact rules to allow the the discipline of law firms. He felt this was an inappropriate endeavor and wanted to alert board members to the matter. A brief discussion ensued.

Mr. Riemer also indicated that ABA President Phil Anderson would be in Portland the week of February 8 and that board members would be invited to a reception in his honor on February 10.

B.Mr. Lopez commended Mr. Orf for his outstanding work with the recent appellate selection process and was joined by the board and staff in hearty applause.

 


OREGON STATE BAR

MEETING OF THE BOARD OF GOVERNORS

January 22, 1999

Closed Session Agenda

The meeting was called to order by President Johnson on Friday, January 22, 1999 at 3:30 p.m. All members of the Board of Governors were present. Staff present were Karen Garst, Executive Director; Sandy Hise, Executive Assistant; George Riemer, General Counsel; and Jeff Sapiro, Disciplinary Counsel.

REINSTATEMENTS - JUDICIAL PROCEEDINGS

(ORS 192.690(1))

A.Consent Agenda

1.Richard Ackerman - #74011

Action:The board approved by consent reinstating Mr. Ackerman pursuant to BR 8.2 upon receipt of a favorable criminal records report and payment of 1999 active bar dues.

2.Todd L. Beaird - #94551

Action:The board approved by consent reinstating Mr. Beaird pursuant to BR 8.2 upon receipt of a favorable criminal records report and payment of 1999 active bar dues.

3.Paul R. Davis - #91470

Action:The board approved by consent reinstating Mr. Davis pursuant to BR 8.2 upon receipt of a favorable criminal records report and payment of 1999 active bar dues.

4.Wallace W. Fitzwater - #86189

Ms. Cohen reviewed the reinstatement application of Wallace W. Fitzwater and explained that he went inactive on January 30, 1998. The board discussed the MCLE requirement of 45 credits for members in the 1996-1998 reporting period which would have applied to Mr. Fitzwater if he hadn’t transferred to inactive status. There was consensus that some CLE requirement should be imposed before reinstatement.

Action:The board approved by consent temporarily reinstating Mr. Fitzwater pursuant to BR 8.7, and further approved Mr. Fitzwater’s unconditional reinstatement under BR 8.2, both subject to receipt of a favorable criminal records report, receipt of proof that 30 MCLE credits have been obtained since January, 1996, and upon payment of the balance owing for 1999 active bar dues.

5.Michael A. Francis - #84046

Action:The board approved by consent temporarily reinstating Mr. Francis pursuant to BR 8.7, and further approved Mr. Francis’s unconditional reinstatement under BR 8.2 upon receipt of a favorable criminal records report.

6.Robyn G. Gregory - #93286

Action:The board approved by consent reinstating Ms. Gregory pursuant to BR 8.2 upon receipt of a favorable criminal records report.

7.Josephine Hawthorne - #77433

Action:The board approved by consent temporarily reinstating Ms. Hawthorne pursuant to BR 8.7, and further approved Ms. Hawthorne’s unconditional reinstatement under BR 8.2 upon receipt of a favorable criminal records report.

8.Jeanelle L. Hupy - #92072

Action:The board approved by consent temporarily reinstating Ms. Hupy pursuant to BR 8.7, and further approved Ms. Hupy’s unconditional reinstatement under BR 8.2 upon receipt of a favorable criminal records report.

9.Aaron T. McGrath - #96357

Action:The board approved by consent reinstating Mr. McGrath pursuant to BR 8.2 upon receipt of a favorable criminal records report.

10.Joanne W. Mills - #88269

Action:The board approved by consent reinstating Ms. Mills pursuant to BR 8.2 upon receipt of a favorable criminal records report.

11.Patrick K. Moore - #94536

Action:The board approved by consent reinstating Mr. Moore pursuant to BR 8.2 upon payment of 1999 active bar dues.

12.Richard I. Rappaport - #77311

Action:The board approved by consent reinstating Mr. Rappaport pursuant to BR 8.2 upon receipt of a favorable criminal records report and payment of 1999 active bar dues.

13.James M. Shore - #94142

Action:The board approved by consent temporarily reinstating Mr. Shore pursuant to BR 8.7, and further approved Mr. Shore’s unconditional reinstatement under BR 8.2 upon receipt of a favorable criminal records report.

14.Stephen H. Suagee - #86297

Action:The board approved by consent temporarily reinstating Mr. Suagee pursuant to BR 8.7, and further approved Mr. Suagee’s unconditional reinstatement under BR 8.2 upon receipt of a favorable criminal records report.

15.Kathy Jane Tidd - #81394

Action:The board approved by consent reinstating Ms. Tidd pursuant to BR 8.2 upon receipt of a favorable criminal records report.

 

B.Further Agenda

1.Thomas Brooke - #90024

Mr. Harnden presented the reinstatement request of Thomas Brooke and discussed the need for Mr. Brooke to obtain some practical skills credits because of his limited exposure to the practice of law. Mr. Sapiro commented that irregularities in Mr. Brooke’s credit report have been satisfactorily resolved.

Action:Mr. Harnden moved, Mr. Hytowitz seconded, to recommend Mr. Brooke’s reinstatement to the Supreme Court subject to complying with the MCLE practical skills requirement in his first MCLE cycle and upon payment of 1999 active bar dues. The motion was approved unanimously by the board.

2.Linda K. Cadzow - #74064

Mr. Rew presented Linda K. Cadzow’s reinstatement application to satisfy the one meeting notice requirement in BOG Policy 2.200.

3.Kirk L. Carpenter - #76089

Mr. Orf reviewed Kirk Carpenter’s request to be reinstated after being on inactive status since February, 1986. Mr. Davis expressed concern that Mr. Carpenter had not practiced law for at least thirteen years. Mr. Davis felt that the proposed 30 MCLE credits were inadequate. Mr. Sapiro suggested that a practical skills program could be considered. A lengthy discussion ensued as follows: (1) When should an inactive member be required to take the bar exam before returning to practice? (2) There would be less concern if Mr. Carpenter had practiced law to some extent in the last thirteen years. (3) Most inactive members can return to active status and begin practice immediately. (4) This is an unusual situation that deserves special attention. (5) Members are put on notice when they go inactive that they might be subject to testing in order to be reinstated. (6) Ways to evaluate fitness to practice law were discussed, e.g., interview, accelerated CLE requirements prior to resuming practice, proof of legal employment, proof of other CLE credits, and testing.

Action:Mr. Orf moved, Mr. Lopez seconded, to recommend Mr. Carpenter’s reinstatement to the Supreme Court upon receipt of a favorable criminal records report, with the requirement to complete 30 MCLE credits including 10 hours of practical skills prior to resuming practice, and upon payment of 1999 active bar dues. The motion failed (6-10-0; yes Baldwin, Harnden, Lopez, Orf, Sumner, Tyner).

Action:Ms. Cohen moved, Ms. Burrows seconded, to recommend Mr. Carpenter’s reinstatement to the Supreme Court upon receipt of a favorable criminal records report, but conditioned upon completion of 45 MCLE credits including 10 hours of practical skills prior to the reinstatement becoming effective, resuming practice, and upon payment of 1999 active bar dues. The motion was approved by the board (12-4-0; no Hittle, Johnson, Scott, Sowle).

Mr. Davis felt that many on the board would have voted yes for the bar exam had there been more notice. Mr. Sapiro indicated he would take the board’s concerns into account and prepare a summary of the applicable rules and options for discussion at the April board meetings.

4.William P. Kralovec - #81283

Mr. Baldwin presented William P. Kralovec’s reinstatement application to satisfy the one meeting notice requirement in BOG Policy 2.200.

Action:Mr. Baldwin moved, Ms. Burrows seconded, to temporarily reinstate Mr. Kralovec pursuant to BR 8.7 upon receipt of his reinstatement fee and 1999 active bar dues. The motion was approved by the board (15-0-0-1; abstaining Lopez). The application will be before the board for final action in April.

5.Bruce L. Melkonian - #72309

Mr. Hittle discussed Bruce Melkonian’s reinstatement application which had been withheld because of a pending disciplinary matter that was resolved with a reprimand. The board considered Mr. Melkonian’s disciplinary history and discussed the need for ethics and professionalism training. Mr. Sapiro explained that 15 MCLE credits are required by the end of 2000 for Mr. Melkonian.

Action:Mr. Hittle moved, Ms. Rinehart seconded, to reinstate Mr. Melkonian pursuant to BR 8.2 upon payment of the balance owing for 1999 active bar dues and upon the condition that he earn six additional MCLE credits in ethics and professionalism within the first six months of practice. The motion was approved unanimously by the board.

6.James T. Mulhall - #78307

Mr. Sowle presented James T. Mulhall’s reinstatement application to satisfy the one meeting notice requirement in BOG Policy 2.200.

Action:Ms. Sowle moved, Mr. Hittle seconded, to temporarily reinstate James T. Mulhall pursuant to BR 8.7 upon receipt of his 1999 active bar dues. The motion was approved unanimously by the board. The application will be back before the board for final action in April.

 

LITIGATION - EXECUTIVE SESSION

(ORS 192.660(1)(f) - to consider exempt records) and

(ORS 192.660(1)(h) - to consult with counsel)

 

A.Unlawful Practice of Law (UPL) Agenda

1.UPL No. 97-20 - Roger A. Cooke

Mr. Sapiro presented the UPL Committee recommendation to approve the cease and desist agreement between the OSB and Roger A. Cooke.

Action:Mr. Harnden moved, Ms. Cohen seconded, to authorize the cease and desist agreement in the matter of UPL No. 97-20 - OSB and Roger A. Cooke. The motion was approved unanimously by the board.

2.UPL No. 98-26 - Robert Tank, aka Legal Alternatives

Mr. Sapiro presented the UPL Committee recommendation to authorize an injunctive suit against Robert Tank under ORS 9.166.

Action:Mr. Scott moved, Mr. Hytowitz seconded, to authorize an injunctive suit in the matter of UPL No. 98-26 - Robert Tank. The motion was approved unanimously by the board.

 

B.Disciplinary Counsel’s Status Report

This informational item was attached as an agenda exhibit.

 

C.Exempt Records/Advice of Counsel

A status report of the following matters was included on the agenda:

1.Erwin v. OSB (Clackamas County Circuit Court).

2.McKinlay v. Schrunk et al.

3.Rider v. Cosper et al. (Baker County Circuit Court Case No. 97-608).

4.Arnold v. Marandas, et al. (US District Court for Dist. of Oregon Case No. 98-706-AS).

5.Kluge v. OSB (Marion County Circuit Court).

 

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