Oregon State Bar Bulletin — JANUARY 2004

Bar News

Proposed Oregon Rules of Professional Conduct on hold
Following the OSB House of Delegates meeting last September, the proposed Oregon Rules of Professional Conduct (approved by the House of Delegates) were submitted to the Oregon Supreme Court for its consideration. The court has recently indicated it has a number of concerns about the rules as proposed, ranging from general questions about the value of migrating to the Model Rules format, to specific questions about particular phrasing in individual rules.

Representatives of the OSB Board of Governors and the Special Legal Ethics Committee met with Justice Robert Durham on Nov. 21 to discuss the court’s concerns in more detail and develop a list of discussion items for further consideration. Then, on Dec. 1 and Dec. 16, the committee met to review each of the concerns identified by the court. Three justices participated in the meeting on Dec. 16.

As a result of those meetings, a variety of changes were made in the proposed ORPC. Another meeting will be held in early January to consider any remaining or additional concerns of the court. The Board of Governors will discuss the status of the proposed ORPC at its meeting Jan. 30 to determine whether to submit a revised proposal to the House of Delegates at a special meeting in early spring. (Pursuant to ORS 9.490(a), rules must be approved by the HOD before adoption by the supreme court.)

Agendas, minutes and other information from these meetings can be found online at the OSB website, www.osbar.org. Additional information will be posted as it is available.

Please feel free to contact Sylvia E. Stevens, senior assistant general counsel, if you have questions, (503) 620-0222, or toll-free in Oregon at (800) 452-8260, ext. 359; e-mail: sstevens@osbar.org.

Info about ballot measure, courts
Ballot Measure 30 — a citizen referendum designed to repeal most of the new revenue raised by the legislature — has qualified for the Feb. 3 special election ballot. At issue is $780 million of the legislature’s revenue package raised by HB 2152 through an income tax surcharge and increases in the minimum tax for corporations.

Under Oregon election law the Oregon State Bar cannot expend funds to advocate for or against a particular position. The OSB Public Affairs program has produced a brochure containing detailed, content-neutral information on Ballot Measure 30 and its impact on Oregon’s court system and on indigent defense. It can be found at the OSB website, www.osbar.org.

ONLD volunteers appreciated
The OSB New Lawyers Division CLE subcommittee expresses gratitude to the following speakers for volunteering their time and expertise to educate new lawyers during 2003:

Hon. Sidney A. Galton, Hon. Daniel L. Harris, Hon. Jean K. Maurer, Hon. Daniel R. Murphy, Hon. Michael C. Sullivan, Hon. Raymond B. White, Andrea J. Anderly, Jason M. Ayres, C. Lane Borg, Claudia M. Burton, Douglas S. Chiapuzio, W. Todd Cleek, Jeffrey S. Cronn, Carl D. Crowell, Matthew C. Daily, Kenneth B. Dobson, Joesph A. Field, Bryan W. Gruetter, David A. Hilgemann, Steven A. Houze, Emily V. Karr, Alison S. Kelley, Robert K. Lau, David H. Leonard, David B. Lowry, Lisa Ludwig, Christine M. Meadows, Scott A. Morrill, Jennifer K. Oetter, Lindsay Partridge, Tatiana A. Perry, Daniel M. Ricks, Penny H. Serrurier, Nargess Shadbeh, Sylvia E. Stevens, Chris Storey, Katherine Weber and Charles R. Williamson.

Two auctions will benefit law schools’ public interest law projects

Lewis & Clark
It’s almost time for the annual live auction at Lewis & Clark Northwestern School of Law, sponsored by the Public Interest Law Project (PILP). The auction, now in its 14th year, is titled 'Realizing the Ideal' and will be held Friday, Feb. 20.

The auction helps PILP raise money for the Summer Stipend Program and the Loan Repayment Assistance Program (LRAP). Under the stipend program, students receive funds to work for public interest organizations that do not otherwise have the funds to hire summer law clerks. This program provides students with valuable legal experience and aids public interest organizations in desperate need of legal assistance. After the stipends are awarded, the remaining funds go to LRAP, which aids public interest lawyers in paying back their law school loans after graduation.

Last year’s auction raised more than $50,000 and funded 11 stipends for law students. Past auction items have included a house in Cabo San Lucas and Blazers tickets. The students who received stipends this year worked for organizations this summer that included the Legal Aid Services of Multnomah County, Advocates of the West, Gifford Pinchot, Humane Society of the United States, Texas Civil Rights Project and Klamath Siskiyou Wildlands Center, among other organizations.

The silent auction begins at 6 p.m. in the law school’s student lounge at 10015 S.W. Terwilliger Blvd. Snacks, beer and wine will be served. The live auction begins at 8 p.m. Admission is $15.

PILP is currently accepting auction item donations and donations directly to the summer stipend program or loan repayment assistance program. For more information, call the PILP office at (503) 768-6782.

Willamette University
Willamette University Public Interest Law Project (WUPILP) will hold its 12th Annual Auction on March 13. This year’s auction, 'Bid for Justice,' will be held in Cascade Hall at the Oregon State Fairgrounds in Salem.

Five Oregon wineries have donated their time and vintages for wine tasting, and gourmet hors d’oeuvres, as well as soda and beer, will be served. Attendees may either purchase an engraved wine glass for wine tasting, which WUPILP members will sell in the weeks leading up to the auction or at the door, or pay a $2 entry fee.

Founded in 1992, WUPILP seeks to educate law students on the inequities in the legal system and to encourage future lawyers to dedicate their professional lives to the development of a more just society despite economic constraints. Funds raised at the annual auction are used to create summer fellowships that encourage students to work in the public interest. These fellowships provide funding for students who would otherwise not be able to afford to work for nonprofit organizations. The fellowships take students out of the classroom and allow them to serve the community and make a difference. Recently, students have worked at such organizations as Marion-Polk County Legal Aid, the Willamette University Clinical Law Program, the Juvenile Rights Project and the U.S. District Attorney in Texas.

Last year’s auction attracted more than 200 lawyers, students and other members of the community. More than $15,000 was raised, which funded six fellowships. Willamette professors, students and community members donated many beautiful and entertaining items for sale at the auction, such as season ski lift passes, concert tickets, gift certificates, art work, six-course meals prepared by a professor, a weekend at a vacation home, Seattle Seahawks tickets, golf games and more. The auction includes both a silent and an oral portion.

WUPILP encourages everyone in the legal community to attend, and also requests charitable donations for the auction. Monetary contributions are also accepted. All of the auction proceeds fund the fellowships like the ones listed above. Donations can be sent to WUPILP at 245 Winter Street S.E., Salem, OR 97301. For more information, contact this year’s co-chairs, Susan Hiler, Shannon Terry or Heather Vogelsong by e-mail at shiler@ willamette.edu, sterry@willamette.edu, hvogelso@willamette.edu; or by phone at (503) 370-6434.

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Comment invited for
tax court rules

Beginning in 2004, the Oregon Tax Court annual rules revisions process will be open to public comment. In determining the feasibility of this change, the court reviewed how other rule revision committees operate and took into account the availability and requirements of using the Oregon Advance Sheets for public notification. In light of the information compiled and comments received from practitioners, the court decided to change the process to include opportunity for the public to propose and comment on rules revisions in the tax court.

In January 2004 the new process will begin as outlined below. Because all of the rule revision suggestions made in 2003 will be considered in the 2004 process, there are no changes to the 2004 Oregon Rules of Court. Please be aware that the court may from time to time adopt needed rules without following this process.

January: Notice printed in Advance Sheets and other legal publications and posted on the court website. Notice will inform interested parties of the new process and this schedule and state the deadline of February 28 for any written rule revision suggestions.

Feb. 28: Deadline for proposals and comments to be received by the Tax Court.

March 1: Court compiles and reviews all rule revision suggestions.

June 1: Court sends proposed rules revisions to OJD Publishing. Along with the proposed rules, notice will state that the court will accept written comments to proposed revisions received by Aug. 31.

July: Proposed rule revisions published in Advance Sheets.

Aug. 31: Deadline for comments from the public to be received by the Tax Court.

Sept. 1: Court reviews written comments and internal suggestions and makes changes.

Dec. 1: Court finalizes rules to be published and sends amendments to OJD Publishing and West Publishing for publication in the newest edition of the Oregon Rules of Court.

Please mail your rule revision suggestions and comments to: Bridget Musgrave, Oregon Tax Court, 1163 State St., Salem, OR 97301.

Changes proposed to UTCR, input sought
Fifty proposed changes to the Uniform Trial Court Rules (UTCR) were discussed at the UTCR Committee’s autumn meeting on Oct. 17. Twenty-five were preliminarily recommended for approval, 17 were preliminarily recommended for disapproval and eight were adopted out-of-cycle to comply with recent legislation. These proposals can be found on line at www.ojd.state.or.us/Web/
OJDPublications.nsf/UTCR. They will also appear in Oregon Appellate Courts Advance Sheet No. 1, to be published early January 2004.

The committee encourages all interested parties to submit comments on these proposals. Please send your comments to UTCR Reporter, Office of the State Court Administrator, Supreme Court Building,1163 State Street, Salem, OR 97301; or e-mail them to utcr@ojd.state.or.us.

Final recommendations to the chief justice will be made at the spring meeting, April 9. Those proposals approved by the chief justice will become effective Aug. 1, 2004.

Attorney openings on the UTCR committee
The Uniform Trial Court Rules (UTCR) Committee seeks attorneys to fill two open committee positions. The committee is especially interested in adding a probate attorney to the group. These are volunteer positions with appointment made by the Oregon chief justice. Candidates should have significant trial court experience.

The committee is an advisory group to the chief justice, making recommendations on the UTCR and Supplemental Local Rules (SLR). It typically meets twice a year, fall and spring, in Salem. Members work with judges, attorneys and court personnel from across the state on issues that directly affect litigation practice.

To apply, please send a resume and a letter (describing your law practice, areas of expertise, qualifications, interest in the committee and involvement in activities and groups similar to this committee) to Bruce C. Miller, Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, OR 97301. The deadline for application is Feb. 27.