Oregon State Bar Bulletin — FEBRUARY/MARCH 2005

Bar News

Reciprocity with Utah begins
The Oregon Supreme Court approved changes to Oregon’s Rule for Admission of Attorney 15.05 on Jan. 28, 2005 to add Utah to the list of states whose lawyers may qualify for reciprocity admission without being required to take and pass the Oregon bar examination. The changes became effective Feb.1, 2005.

Lawyers from Idaho, Washington and Utah may now seek reciprocity admission in Oregon under the following requirements:

(a) present satisfactory proof of their:

(i) possession of a law degree either Juris Doctor (J.D.) or Bachelor of Law (LL.B.) from a law school approved by the Council of the Section of Legal Education and Admissions to the bar of the American Bar Association at the time the applicant matriculated;

(ii) passage of the Idaho, Utah and/or Washington bar examinations;

(iii) admission to the practice of law in Idaho, Utah and/or Washington;

(iv) active membership in the Idaho State Bar, Utah State Bar and/or Washington State Bar Association; and

(v) lawful active practice of law for no less than three of the four years immediately preceding their application for admission under this rule;

(b) possess the good moral character and fitness required of all other applicants for admission to practice law in Oregon;

(c) complete such applications and submit such other information as may be required by the Oregon Board of Bar Examiners and Oregon Supreme Court within six months of the date of filing the application; and

(d) pay such application fees and costs as may be established by the Oregon Board of Bar Examiners and the Oregon Supreme Court for applicants under this rule.

For more information and applications for reciprocity admission, contact Marlyce Gholston, Executive Director, Oregon Board of Bar Examiners, 5200 S.W. Meadows Road, Lake Oswego, OR 97035 (503) 431-6410).

Oregon lawyers seeking reciprocity admission in Idaho, Washington, and Utah under their "mirror images" of Oregon’s rule should contact the admission authorities in those states through the Idaho, Washington, and Utah state bars.

OSB voting just got easier
Update your e-mail address in order to vote electronically in the next Oregon State Bar election. Voting online is not only convenient, but it also saves money and more members get involved in the election process.

If your e-mail address is on file, you’ll receive an e-mail from the bar with a link to the current online ballot. Make sure your current e-mail address is on record by sending an e-mail to addresschanges@osbar.org. Please include your: bar number, name and e-mail address.

For general questions on elections, contact Jane Gillespie, (503) 620-0222, ext. 308.

Request for Public Comment on proposed changes to the UTCR
The Uniform Trial Court Rules (UTCR) Committee met on October 8, 2004, to discuss twenty-six proposals to amend the UTCR and to make preliminary recommendations to the Chief Justice of the Oregon Supreme Court. A description of the proposals and action taken by the committee can be found at: http://www.ojd.state.or.us/
. This information will also be published in the Oregon Appellate Courts Advance Sheets in the near future.

Proposals of special note include: a new rule on notarized affidavits (Chapter 2); a new rule on segregating protected personal information in existing court files (2.110); new procedures and a form for reporting punitive damage awards to the Department of Justice (Chapter 5 and 5.100); various substantive changes regarding mediation (Chapter 12); and various changes to the small claims forms (Chapter 15). In addition, UTCR 2.100 was amended out-of-cycle to create a simplified procedure and forms for segregating social security numbers when filing documents with a court.

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, Oregon 97301-2563 or utcr@ojd.state.or.us.

The committee will make final recommendations on these proposals to the Chief Justice at the next UTCR meeting, April 1, 2005, 9:00 a.m., Office of the State Court Administrator in Salem. Those proposals approved by the Chief Justice will become effective August 1, 2005.

Notice of Reinstatement Application

The following attorneys have filed applications for reinstatement as active members of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1.

Stephen J. Brooks of Portland, Bar No. 8917. In 1999, Mr. Brooks transferred to inactive status and was subsequently suspended for failure to pay dues on July 2, 2003. He has been employed in the area of non-profits and financial consulting. Mr. Brooks is also an inactive member of the Washington State Bar, where he was admitted in 1993. Mr. Brooks has no specific plans after reinstatement, but is actively seeking positions in the legal field.

Alan Chalfie of Valencia, California, Bar No. 95553. Mr. Chalfie transferred to inactive status in 1997 because he was living and working in California, where he was admitted to the bar in 1980. Since 1998, Mr. Chalfie has been a sole practioner, focusing primarily on family law. He has no immediate plans to practice law in Oregon upon his reinstatement.

Ann E. Habernigg of Kirkland, Washington, Bar No. 90061. In 1994, Ms. Habernigg transferred to inactive status to relocate to California, where she was admitted to practice law in 1987. She continues to maintain active status with the California bar. In 2003, she moved to Washington to accept a position as Senior Counsel with a high tech company. Ms. Habernigg intends to remain in this position after her reinstatement.

Job B. Lazar of West Linn, Bar No. 88253. Mr. Lazar is seeking reinstatement from a 120-day disciplinary suspension which commenced on December 12, 1995. (In re Lazar, SC S42848, 9 DB Rptr 245 [1995].) Since 1995, he has been employed primarily in real estate sales. Mr. Lazar has no specific plans upon reinstatement, but states he may pursue a legal career focusing on real estate law.

Calvin H. Luetjen of Lake Oswego, Bar No. 54053. On March 27, 2004, Mr. Luetjen was suspended from the practice of law for one year. (In re Luetjen, SC S51108, 18 DB Rptr ___ [2004].) While suspended, he has performed non-legal work for a Portland engineering firm, assisting them in maintenance of stock records. If reinstated, Mr. Luetjen intends to return to his solo law practice in downtown Portland.

Timothy J. Monahan of Spartanburg, South Carolina, Bar No. 84441. Mr. Monahan transferred to inactive status in 1988 to relocate to Louisiana, where he was admitted to practice law in 1987. (He is also a member of the South Carolina Bar.) Mr. Monahan has been working as a patent attorney for a Baton Rouge law firm, and most recently as a patent attorney for a South Carolina chemical manufacturer. Upon reinstatement, he plans to open a law firm in Portland, specializing in intellectual property law.

Lisa D. Nordstrom of Portland, Bar No. 97352. In 1998, Ms. Nordstrom transferred to inactive status because she had moved to Idaho, where she was admitted to practice law on September 24, 1997. After working as a deputy prosecuting attorney and deputy attorney general in Idaho, Ms. Nordstrom has recently returned to Oregon and accepted a position as a Regulatory Attorney in the General Counsel’s Office of PacifiCorp.

Christine Samwick of Lake Oswego, Bar No. 91412.
Ms. Samwick transferred to inactive status in 1995 to stay home with her children. While inactive, she has also worked as an office manager/legal assistant for her husband, attorney Matthew Samwick. Upon reinstatement, Ms. Samwick will practice law with her husband in his Lake Oswego law firm.

Everett Walton of Koror, Palau, Bar No. 96027. In 1998, Mr. Walton was suspended for failure to pay dues. He had relocated to Micronesia, where he was admitted to practice law in 1999. (He is also a member of the Illinois, Hawaii and Palau bars.) Mr. Walton has been employed as Assistant Attorney General and Special Prosecutor, first in Micronesia and currently in Palau. He plans to return to Oregon and seek legal work upon his reinstatement.

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 these applicants will not be detrimental to the administration of justice or the public interest. Any person with information relevant to these applications is asked to contact promptly the Regulatory Services Division at the Oregon State Bar, PO Box 1689, Lake Oswego, OR 97035-0889, 620-0222, or 1-800-452-8260, extension 343.

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Nominations open for 2006 Board of Governors

The Oregon State Bar is currently recruiting for candidates for the Board of Governors. There are three board positions open to bar members, one in Region 2 and two in Region 5. Board terms begin on Jan. 1, 2006 and are four-year terms.

The board has six regular meetings a year, on a Friday and the following Saturday morning. Nearly half of the meetings are in the Portland area and the remainder at locations around the state. The board’s committee meetings are held three to four weeks prior to regular board meetings in the Portland area. Members of the Board serve as liaisons to the Professional Liability Fund, bar sections and committees, and numerous activities.

The deadline for filing nominating petitions and candidate statements is May 10, 2005.

Minority attorneys and women are encouraged to run for a position on the board.

For more information or to print a copy of the candidates statement and nominating petition go to http://www.osbar.org/_docs/
leadership/elections/BOG.pdf or contact Jane Gillespie at (503) 620-0222 or toll-free in Oregon at (800) 452-8260, ext. 308.

Two magistrate positions open
Officials for the U.S. courts for the District of Oregon are seeking candidates to fill two magistrate positions.

On July 31, 2005, Judge John Jelderks will retire as U.S. magistrate judge for the District of Oregon and the Judicial Conference of the United States has authorized the appointment of a full-time United States magistrate judge to fill Judge Jelderks’ vacancy in Portland.

On May 31, 2005, Judge Stephen Bloom will retire as a U.S. magistrate judge for the District of Oregon; the judicial conference has authorized the court to refill the part-time magistrate judge position at its current level of $12,518 per year. Given the demographic changes occurring in central and eastern Oregon, the court is is working with local law enforcement agencies, the U.S. Attorney’s Office, and local bar associations to determine the appropriate duty station for this part-time magistrate judge position. (Historically the duty station has been in Pendleton; however, the court is encouraging applicants from central Oregon to apply because Bend is being considered as a possible duty station for this position. Wherever the duty station, it is expected that the appointee will be asked to travel at court expense to the other location, Pendleton or Bend, to handle CVB calendars, occasional arrest and search warrants, and selected other civil or criminal matters.)

The duties of the positions are demanding and wide-ranging and will include the conduct of most preliminary proceedings in criminal cases; trial and disposition of misdemeanor cases; and conduct of various pretrial matters and evidentiary proceedings on delegation from the judges of the district court; and trial of civil cases with consent of the parties. The basic jurisdiction of the magistrate judge is specified in 28 U.S.C. §636.

Qualifications, application forms and further information on the positions and application process may be obtained from the clerk’s office at any of the court’s locations in Portland, Eugene or Medford. This information is also available at www.ord.uscourts.gov.

Deadline is the close of business on April 1, 2005.