Oregon State Bar Bulletin — DECEMBER 2004

Bar News

Board meets, chooses president-elect

At its meeting on Nov. 18-20 at Hood River, the OSB Board of Governors took the following action on matters of significance:

  • Held an orientation for the new members of the board, Tim Gerking of Medford, Carol Skerjanec of Vale and Richard Yugler of Portland.
  • Held a day-long strategic planning session outlining the primary areas of focus for 2005.
  • Heard a departmental report from Linda Kruschke, CLE publications manager.
  • Elected board member Dennis P. Rawlinson of Portland as 2005 Oregon State Bar president-elect.
  • Heard a report from PLF executive director Ira Zarov and approved changes to the 2005 Excess Plan, including those designed to render it consistent with the primary plan as to "same or related claims" and claims against separate firms with excess coverage. Also 2005 excess rates were approved. Rates for coverage up to $5 million will remain the same. The base rates for coverage of $10 million will increase by 10 percent.
  • Approved defense and indemnification of board members and staff named as defendants in the case of Paulson v OSB, et. al. (with affected board members and staff recusing themselves from participation).
  • Approved a request by a member for MCLE elimination-of-bias credit for attendance at a seminar on case law developments under the Equal Employment Opportunity Act; and denied the same member’s request for such credit for reading a book entitled "Why Marriage Matters."
  • Declined to adopt the Access to Justice Committee proposal to establish an appointive at-large seat on the board for under-represented groups.
  • Approved the 2005 OSB budget.
  • Declined the City of Lake Oswego’s invitation to consent to annexation to the city.
  • Considered the executive director’s performance review and approved a 3 percent salary increase and an additional week of vacation.
  • Approved submission to the legislature of a proposed amendment to the bar act that would provide that on a two-thirds vote the board may refer the question of the recall of a governor to a vote of the members of the governor’s region.
  • Approved amendment of Admission Rule 15.05 to add Utah to the list of recognized states for purposes of reciprocity admission. This change must be approved by the Oregon Supreme Court.

If you have questions or comments regarding any item, contact Bill Carter (wilcar@aol.com), Nena Cook (Nena@ Sussmanshank.com) or Karen Garst (kgarst@osbar.org).


OSB history book now available
The newly published OSB history book, Serving Justice: A History of the Oregon State Bar, 1890-2000, is available for purchase. Did we mention gift idea?

The 370-page book is fully illustrated and thoroughly chronicles the history of the Oregon bar, from its start as a voluntary organization in the late 19th century to the modern full-service organization it is today. Numerous sidebar articles are featured.

The book was released during the recent OSB Annual Meeting in Portland.

Order by visiting the OSB website, www.osbar.org, or by calling the OSB Order Desk at (503) 684-7413, or toll-free in Oregon at (800) 452-8260, ext. 413. Cost is $35 for soft-cover, $50 for hard-cover. A sample chapter is available online.


OWLs to honor award winners
at Roberts-Deiz Dinner March 11
Oregon Women Lawyers’ annual dinner to honor the accomplishments of individuals in promoting women and minorities in the legal profession in Oregon will be March 11. The thirteenth annual Justice Betty Roberts and Judge Mercedes Deiz Awards Dinner will be at the Portland Hilton.

Past recipients of the awards, chosen in mid-December, are listed on the OWLs website: www.oregonwomenlawyers.com.

The Roberts-Deiz Dinner is a popular event in the legal community. Last year, 375 people attended. The dinner is combined with a silent auction that raises money for the Oregon Women Lawyers Foundation. The Foundation helps break down barriers that women and minorities face in accessing and participating in the justice system.

Information on tickets can be found at www.oregonwomenlawyers.com or by calling (503) 595-7826.

‘WinterSmash’ to benefit CourtCare
You don’t need to know what "turkey," "Dutch 200," or "10 in the Pit" mean to have a good time bowling, but it could certainly impress your friends!

The Multnomah Bar Association is doing it again, so wipe off your bowling ball and pull out your best bowling shirt, it’s time for the Third Annual WinterSmash. On Saturday, Feb. 26, 6- 9 p.m., the Multnomah Bar Association will kick-off its fundraising efforts for Multnomah CourtCare at family-friendly Valley Lanes in Beaverton.

All the lanes are reserved for MBA members and their friends, colleagues and families for an evening of casual fun and food. Bumper lanes will be set up for children over three years old or for those who merely bowl like them. Tickets are $35 for adults and $10 for kids 3-12 years old.

Price includes food, drink, shoes, balls and lane time. Look for more details at www.mbabar.org or call (503) 222-3275.

Auction themed ‘Raising the Bar’
Last summer, Lewis & Clark Law School student Amy Miller represented abused and neglected children with the Juvenile Rights Project. Ti Hays fought to protect native wildlife with Hells Canyon Preservation Council. Miller and Hays were two of a dozen students who received summer stipends from the Public Interest Law Project, known as PILP.

The 15th annual PILP auction takes place on Saturday, Feb. 26, at 6 p.m. at Lewis & Clark Law School. The benefit event, titled "Raising the Bar," raises funds to help support public interest work each summer by law students. Last year’s auction raised more than $60,000 and funded 14 stipends.

Through the summer program, students gain valuable experience while providing public interest organizations with much–needed legal assistance. After the stipends are awarded, the remaining funds are allocated to the Loan Repayment Assistance Program, which helps public interest lawyers repay law school loans after graduation. Last summer, students worked with organizations such as Western Environmental Law Center, International Labor Rights Fund, Mississippi Center for Justice, and Catholic Charities Immigration Services.

The event begins with a silent auction at 6 p.m. followed by a live auction at 8 p.m. Last year, auction items included a sailing trip to the San Juan Islands, Portland Trail Blazer tickets, and a guided mountaineering trip. The benefit takes place in the law school’s student lounge at 10015 S. W. Terwilliger Blvd. Admission is $15 and includes snacks, beer and wine.

PILP is currently accepting auction item donations and donations directly to the summer stipend program or Loan Repayment Assistance Program. For more information about donating or attending, call the PILP office at (503) 768-6782 or visit online at www.lclark.edu/org/pilp.

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Appellate courts adopt amendments to ORAP

The Oregon Supreme Court and the Oregon Court of Appeals jointly adopted amendments to the Oregon Rules of Appellate Procedure that will become effective January 1, 2005. Many of the amendments are technical in nature or limited in scope. Some of the more generally applicable amendments are described below.

Oregon Supreme Court Practice. The page limit for petitions seeking Supreme Court review and for responses to petitions for review has been shortened from 50 pages to 15 pages. As under the current rules, a party may file a motion for leave to file an oversize petition or response provided that a specific reason is given in support of the motion. ORAP 9.05; 9.10. Also, the requirement that petitions contain "a concise statement of each reason asserted for reversal or modification of the decision of the Court of Appeals, including appropriate authorities," has been eliminated. ORAP 9.05. Finally, the period for seeking reconsideration of a Supreme Court decision has been shortened from 21 days to 14 days. ORAP 9.25.

Protected Personal Information. Consistent with legislation enacted last session, the courts adopted a new rule, ORAP 8.50, that permits parties who must file a document in the appellate courts that contains "protected personal information" to submit that information separately together with a motion requesting the appellate court to segregate the information from the appellate court file and prevent public inspection of the information (absent the court granting a motion requesting public inspection). "Protected personal information" is that which (1) identifies a person beyond the person’s name (such as Social Security numbers, maiden names, driver license numbers, and birth dates and locations) or identifies a person’s financial activities (such as credit card numbers, credit reports, and bank account numbers and locations) and (2) the appellate court is permitted to maintain as confidential and not subject to public inspection. ORAP 8.50(1).

The full text of the amendments can be found at the front of the Dec. 6, 2004, Oregon Appellate Courts Advance Sheets (volume 25) and at the Oregon Judicial Department’s Publications Department website, www.publications.ojd.state.or.us.

Briefing and Argument. Assignments of error challenging evidentiary rulings now must quote or summarize the evidence that the appellant asserts was admitted or excluded erroneously. Moreover, for assignments of error challenging the exclusion of evidence, the appellant now must identify where in the record the trial court excluded the evidence and where the offer of proof was made. ORAP 5.45. Moreover, with respect to the excerpt of record, ORAP 5.50 has been amended to make clear that the appellate courts expect the excerpt to include the pleadings relevant to the issues or issues raised, any written opinion or findings that address a challenged ruling, any order disposing of a challenged claim, and the judgment document or order from which the appeal has been taken.

Termination of Parental Rights, Juvenile Dependency, and Adoption Appeals. The courts have added all juvenile dependency cases, unless the court otherwise directs, to termination of parental rights and adoption cases as expedited appeals. Also, in permanency and termination of parental rights appeals, the record on review will be limited to the record of the proceeding on review; however, a party may move to include the record an earlier proceeding provided that the trial court took judicial notice of that proceeding or otherwise considered the record of the earlier proceeding. Finally, the courts have clarified that the caption of any document filed in such an expedited appeal, whether the document is filed in the Court of Appeals or the Supreme Court, must indicate that the matter is subject to expedited review. ORAP 10.15.


Notice of reinstatement applications
Three individuals have filed applications for reinstatement as active members of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1:

Amy Alpaugh of West Linn, OSB #90192, was admitted to the Oregon State Bar on Sept. 21, 1990. On Jan. 1, 1999, she transferred to inactive status. She now seeks reinstatement to active membership. Upon reinstatement, Alpaugh plans to return to a position with the Oregon Department of Justice, where she was employed as an assistant attorney general from 1992 to 1998.

John P. Davenport of Lake Oswego, OSB #86119, was admitted to the Oregon State Bar on Sept. 19, 1975. Effective Dec. 31, 2002, he was suspended from the practice of law for two years. See, In re Davenport, 334 Or 298, 49 P3d 91, recon. 335 Or 67 (2002). During the period of his suspension, Davenport has been employed as a paralegal for a Portland law firm. Upon reinstatement, he intends to practice law with that same law firm.

Stefan Johnson, presently of Los Angeles, was admitted to the Oregon State Bar on Sept. 18, 1992. On April 20, 1999, he was suspended for failure to pay his PLF assessment, and later that year, on July 2, 1999, was suspended for failure to pay his membership fee. Johnson relocated to Los Angeles, where he has been employed as a paralegal for a non-profit law firm since May 1998. Upon reinstatement, Johnson has no immediate plans to return to Oregon, but will continue in his present position.

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 applicants will not be detrimental to the administration of justice or the public interest. Any person with information relevant to this inquiry is asked to contact promptly 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.