Oregon State Bar Bulletin ó FEBRUARY/MARCH 2004

Bar News

Board nominations sought
The OSB Board of Governors seeks nominations of bar members worthy of recognition by the bar. The annual awards include the Award of Merit and three Presidentís Awards: the Membership Service Award, the Public Service Award and the Affirmative Action Award.

The Joint Bench/Bar Commission on Professionalism is also seeking nominations for the Edwin J. Peterson Professionalism Award. Awards will be presented at the awards dinner October, to be held in conjunction with 2004 OSB Annual Meeting, in Portland.

Nomination forms, containing a description of each award, its selection criteria and a list of past award recipients, are available on the OSB website, www.osbar.org, or from Teresa Wenzel at the OSB Center. Please describe the nomineeís special qualifications for the award and attach additional information, including references and phone numbers. Careful and thorough preparation will ensure that the Board of Governors and Professionalism Commission have the best information possible to consider each candidate.

All forms or letters must be delivered to the OSB Center and postmarked no later than 5 p.m., Wednesday, June 30.

Nominations or questions concerning the nominations process should be directed to Wenzel by telephone at (503) 431-6386 or toll-free in Oregon at (800)452-8260, ext. 386, by fax at (503) 598-6986, by e-mail at twenzel@osbar.org or by regular mail at 5200 S.W. Meadows Road, Lake Oswego, OR 97035.

Annual meeting returns to Portland
The Oregon State Barís annual meeting will be back in Portland this year after more than 10 years in other venues.

The renovated Oregon Convention Center will be the site for meeting and trade show. The dates are Oct. 14-16.

Watch for more details in future issues of the Bar News and at the OSB website, www.osbar.org.

Nominations open for OSB, ABA spots
The Oregon State Bar is currently recruiting for candidates for the OSB and ABA House of Delegates. There are two openings for the ABA House of Delegates and several openings in most regions for the OSB House of Delegates. The ABA terms are for two years, and the OSB terms for three years.

The number of openings are:

Region 1: 3
Region 2: 3
Region 3: 0
Region 4: 3
Region 5: 20
Region 6: 5
Out-of-State: 5

The types of matters historically presented to the House of Delegates have included disciplinary rule changes, bar positions on major legislative and policy issues, and member resolutions on a variety of topics.

The deadline for filing nominating petitions and candidate statements is March 19. For more information and to print a copy of the candidates statement and nominating petition go to www.osbar.org/ barnews/hodcandidates.html, or contact Jane Gillespie at (503) 620-0222 or toll-free in Oregon at (800) 452-8260, ext. 308.

Pendleton magistrate process begins
The current term of the office of U.S. Magistrate Judge Stephen M. Bloom is due to expire Sept. 30. The court is required by law to establish a panel of citizens to consider the reappointment of the part-time magistrate judge to a new four-year term.

Comments from members of the bar and the public are invited as to whether Bloom should be recommended by the panel for reappointment by the court are being sought. Direct comments to Donald M. Cinnamond, Clerk of Court, U.S. District Court for the District of Oregon, 1000 SW Third Ave. # 740, Portland, OR 97204.

Comments must be received by the court clerk no later than close of business on May 28.

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.

Patrick M. Smith of La Jolla, Calif., OSB #66114, was admitted to the Oregon State Bar on Sept. 16, 1966. He transferred to inactive status on Jan. 19, 1990, to relocate to California, where he was admitted to practice law in 1988. Since that time, he has practiced law continuously with the law firm of Nugent & Newnham in San Diego. Upon his reinstatement, Smith intends to relocate to Sisters.

Delos B. Parks Jr. of Merrill, Ore., OSB #66094, was admitted to the Oregon State Bar in September 1966. Parks, a former member of the Oregon Legislature, transferred to inactive status in December 1995 to take an extended sabbatical. From June 1996 until October 2003 he traveled around the world, returning occasionally to his home in Merrill. Parks intends to remain in Klamath County upon his reinstatement.

Carolyn Gilman-Garrick was admitted to the Oregon State Bar on April 25, 1984. On January 30, 1995, she transferred to inactive status, and then submitted her Form A resignation, effective June 20, 2002. She ceased to maintain active bar status to pursue other careers in the field of mediation and juvenile rights, positions that did not require bar membership. Since November 2003, she has been employed as a system of care monitor for the Juvenile Rights Project in Portland. Upon her reinstatement, she will continue in that 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 the Regulatory Services Division at the Oregon State Bar, P.O. Box 1689, Lake Oswego, OR 97035; phone; (503) 620-0222 or toll-free in Oregon at (800) 452-8260, ext. 343.

Oregon lawyers Ďsecond the motioní
More than 100 Oregon lawyers and supporters of legal aid gave over $56,000 to the Oregon Access to Justice Endowment Fund during the 2003 Campaign for Equal Justice annual fund.

Gov. Ted Kulongoski and first lady Mary Oberst, who last July hosted one of many informational dinners held throughout the state, were the first to double their annual fund contribution, directing the additional amount to the endowment.

By contributing to both the campaignís annual fund and the endowment, donors are not only helping secure the present but are also guaranteeing the future of legal aid.

The Oregon Access to Justice Endowment Fund was established in 2001 by a collaboration of the Campaign for Equal Justice, the Oregon State Bar and the Oregon Law Foundation as a means to affirm deeply-held values of democracy by ensuring access to justice for Oregonís poor. Gifts to the endowment will grow to be a source of perpetual stable support for Oregonís Legal Aid programs.

If you would like to receive more information on ways to contribute to the Oregon Access to Justice Endowment Fund or attend an informational dinner, contact Linda Clingan, executive director, at (503) 295-8442, or e-mail at cej@aracnet.com


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Report from the President

On matters of interest
to the OSB membership

By Bill Carter
OSB president

Many members are aware of the convergence of events that led to the proposal to revise Oregonís Disciplinary Rules. The ABAís 'Ethics 2000' (E2K) study led to recommended changes in the ABA Model Rules, which are currently the basis of the discipline codes in 45 states, including our reciprocity partners, Washington & Idaho, and are the disciplinary rules studied in the law schools. These recommendations led to creation of a Special Ethics Committee of volunteer members in 2001 to study the possible updating of Oregonís rules. In 2002, the House of Delegates passed a resolution requesting simplification of Oregonís rules, and that task was folded into the Special Ethics Committee assignment. Their report, issued in 2003, was presented to the 2003 House of Delegates, which adopted the report with some modifications.

The proposed rule changes were forwarded to the Oregon Supreme Court, which has the final authority on changes. The courtís response has been received and can be found on the front page of the barís website, under 'Update on Proposed ORPC' (Oregon Rules of Professional Conduct, unfortunately similar to ORCP). Bar representatives will meet with the court for clarification, and the courtís position will then be presented to the Board of Governors and then to the House of Delegates for a vote.

The Appellate Law Sectionís 'Appellate Process Review Committee' is a task force created last year at the request of state Rep. Max Williams to study the efficiency of our appellate process. The committee has completed the 'time to decision' portion of the study, and its final report (which is being prepared solely by lawyer volunteers in the section), should be presented to the Board of Governors in April for review before it is presented to the legislatureís Interim Joint Judiciary Committee.

The Board of Governors has approved, with minor modifications, a proposed Formal Legal Ethics opinion relating to attorney membership in business referral clubs. The proposal will now go back to the Legal Ethics Committee. If the committee approves the changes, the opinion will be published. Essentially, the rule allows membership in such clubs unless the making of referrals is a condition of membership and continued participation. The opinion is consistent with existing DR 1-103(A) and DR 2-105, which prohibit lawyers from giving value for a referral or receiving value for making a referral. A copy of the proposed opinion can be obtained from Sylvia Stevens, (503) 620-0222 or (800) 452-8260 (Oregon toll-free), ext 359.

The Board of Governors has approved a proposal by the MCLE committee to clarify the so-called 'diversity' requirement by substituting the phrase 'elimination of bias.' This change does not expand the requirement in any way, but represents an attempt to more accurately describe the purpose of the rule. The final decision on the rule will be made by the court. A copy of the proposed changes can be obtained from Stevens.

The Board of Governors Member Services Committee is studying several possible new programs for members, including proposals to: 1) Put all CLE publications online while maintaining availability of print copies; 2) establish a system of video conferencing for House of Delegates and committee meetings and other activities to enable remote real-time participation in conferences; and 3) implement electronic filing and court appearances in state courts (a House of Delegates resolution in 2002 asked that this be investigated). It is hoped that these items can be placed on the October 2004 House of Delegates agenda, or at a minimum, that feasibility reports can be made to the House of Delegates at that time. CLE publications online is primarily an economic issue, both as to implementation and impact on the publications department, and that aspect is being analyzed together with technological requirements. Since this proposal would likely involve a dues increase, the House of Delegates may chose to refer the issue to the membership at large in a referendum.

(Full text of this letter here)