Oregon State Bar Bulletin — APRIL 2006

Bar News

Multnomah Bar Association
celebrates a century of service
The Multnomah Bar Association is celebrating its 100th anniversary this year. MBA membership has grown from the first gathering of 57 lawyers in 1906 to more than 4,000 members, making it the oldest and largest voluntary bar association in Oregon.

To commemorate the MBA’s centennial and to launch the next century of service, there will be a grand celebration event on May 13, from 7 p.m. to midnight, at the Portland Art Museum. The event will include art viewing, hors d’oeuvres, dessert, a champagne toast and dancing. Contact Kathy Maloney (Kathy@mbabar.org) for further details.

Also, the MBA has established the MBA 100th Anniversary Community Gift Fund and has founded a new charitable nonprofit organization, the Multnomah Bar Foundation, to administer the fund, The fund is dedicated to promoting civic education and participation. The first Community Gift Fund grant will be presented at the event to the Classroom Law Project, which will receive $25,000 to expand the We The People the Citizen and the Constitution program into four additional Multnomah County middle and high schools.

The foundation has raised more than $200,000 from attorneys and law firms. The MBA has pledged $50,000, and the following law firms have each pledged $20,000: Miller Nash; Schwabe Williamson & Wyatt; and Bullivant Houser Bailey.

If you wish to make to make a tax-deductible contribution, contact the MBA at (503) 222-3275.

MBA passes resolution supporting acquisition of site for new courthouse
The Multnomah Bar Association board of directors has passed a resolution to support county commissioners’ proposed resolution to acquire a downtown site as a first step towards construction of a new county courthouse.

"The MBA board is united in the sincere hope that the commission’s action is positive," stated MBA President, Kelly Hagan. "The identification of a site for a new downtown courthouse is an important first step towards the ultimate goal of a new facility."

Hagan noted that resolutions by the MBA board are rare. "In my five years on the board, I can recall only two other formal actions of this kind. The board closely reviewed the issue before acting. The prior resolutions of the commission on the courthouse issue, as well as the two most recent architectural and blue ribbon studies, were assembled and distributed to the board. The resolution itself was the product of much revision. The board carefully considered the advisability of invoking the power of eminent domain. The board ultimately and unanimously endorsed such action if necessary to keep the courthouse downtown ‘in, or in proximity to, downtown Portland’s Government Center.’ That position was not taken lightly or easily.

Ag Law section plans ‘Spring Round Up’
The OSB Agricultural Law Section has planned its 2006 "Spring Round Up" on Friday May 19, from 10 a.m. to 3 p.m, at the Columbia Gorge Discovery Center and Museum, The Dalles.

The Ag Law Section will be inviting agricultural lawyers from Washington and Idaho to join the gathering. There will be an opportunity to meet others face to face, make new contacts and share information in a relaxed setting. There will be presentations comparing the agricultural lien laws of Oregon, Washington and Idaho and the federal Perishable Agricultural Commodities Act (PACA). After the scheduled meeting, presentations and discussion there will also be a tour of a local vineyard and a no-host tasting of local wines, which participants will be welcome to attend.

Admission to the scheduled meeting, presentation and discussion portion, which includes lunch, is free to OSB Ag Law Section members and their guests.

So that the section can make arrangements, please RSVP to Chuck Toole at 112 W. Fourth St., The Dalles, OR 97058, (541) 296-5424, cktoole@gorge.net. Indicate whether you will bring a guest and whether you plan to join the vineyard tour and wine tasting.

IRS sponsors free forum on withholding
The Internal Revenue Services is sponsoring a free "Stakeholder Liaison Phone Forum" on the subject of foreign persons’ withholding on U.S. property transactions. The teleconference will be held May 10, at 9 a.m.

The event is aimed at tax practitioners, real estate professionals and real estate and land use lawyers. Enrolled agents are entitled to one CPE credit; MCLE credit is being sought. The event will be 90 minutes.

Why attend? If you have a client buying U.S. real property from a foreign person or renting U.S. real property from a foreign person, the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) requires the buyer withhold 10 percent of the purchase price, and requires a renter to withhold 30 percent from rents paid to a foreign person.

This teleconference (conference title: 823405-FIRPTA) begins at 9 a.m. Pacific time; after one hour, a 30-minute question and answer period will follow.

To register, go to https://www.attevent. com/rsvpreg.asp?PPass=824728. You will be assigned a personal identification number to be used to join the conference.

On the day of the event call the toll-free conference number, (866) 216-6835, or the toll number, (913) 227-1220; and then enter the conference access code, 824728. You will then be asked to enter the PIN. (It is suggested you dial in three to five minutes prior to conference start time.)

A reminder e-mail with attachments will be sent approximately two days prior to the event. The attachment will be an Adobe Acrobat version of the class.

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.

Julie K. Bolt of Portland, OSB #89200. In 2001, Bolt transferred to inactive status because she was not practicing law. At that time, and to the present, she has been employed in the U.S. District Court as a judicial law clerk. Bolt plans to continue in that position upon reinstatement.

Melissa A. Marks of Portland, OSB #96350. Marks seeks reinstatement after transferring to inactive status in 2000. Since 2001, she has been employed as an employee relations specialist at Nike. Marks intends to remain with Nike after her reinstatement.

Thomas Morningstar of Salem, OSB #94487. In 1998, Morningstar transferred to inactive status because he had moved to California, where he was also admitted to practice law. He recently returned to Oregon and is presently employed with a Salem law firm. The Board of Governors approved Mr. Morningstar’s temporary reinstatement at its February meeting.

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 promptly contact the OSB 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.


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Filing deadline May 9
for OSB Board of Governors
in Regions 4, 5 and 6

The OSB is currently recruiting for candidates for the Board of Governors. There are three board positions open to active bar members, one in each of the three regions. The board consists of 16 members — 12 active bar members and four public (non-bar) members. The election will be held on Oct. 16. The four-year terms begin on Jan. 1, 2007. Region 4 encompasses Clatsop, Columbia, Tillamook and Washington counties; Region 5, Multnomah county and Region 6, Clackamas, Marion, Polk and Yamhill counties.

The board has five 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. Board members serve as liaisons to the Professional Liability Fund, bar sections and committees, and numerous other groups and activities. Minority attorneys and women are encouraged to run for a position on the Board.

For more information contact Rick Yugler, the board’s Members Service Committee chair, at (503) 224, 4100, ext. 107.

Download the candidates statement and nominating petition or contact Jane Gillespie at (503) 620-0222 or toll-free in Oregon at (800) 452-8260, ext. 308.

U.S. magistrate judge
sought for Medford

On Feb. 28, 2007, Judge John P. Cooney will retire as a U.S. magistrate judge for the District of Oregon. The Judicial Conference of the United States has authorized the appointment of a full-time magistrate judge to fill the vacancy.

The duties of the position are demanding and wide-ranging and will include: the conduct of most preliminary proceedings in criminal cases; trial and disposition of misdemeanor cases; 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.

A merit selection panel composed of attorneys and other members of the community will review each application and confidentially recommend to the judges of the district the five persons whom they consider to be the best qualified. The court will review the recommendations and make the final selection.

The selected individual must then successfully complete a full FBI field investigation and an IRS tax check. An affirmative effort will be made to give due consideration to all qualified candidates, including women and members of minority groups.

Application forms and further information on the magistrate judge position may be obtained from the clerk’s office at any of the U.S. courthouses in Portland, Eugene or Medford, or online at www.ord.uscourts.gov.

Applications must be received in the Portland clerk’s office location by 4:30 p.m. on Friday, June 2, 2006.

Hearings offices seeks deputy judge

The Office of Administrative Hearings is soliciting applications for a deputy chief administrative law judge to manage OAH’s offices in Salem, Eugene, Medford and Bend. The position will be located in Salem.

The successful applicant will supervise 35 administrative law judges who presided over approximately 17,000 hearings in 2005.

For further information, check the OAH website atwww.oregon. gov/OAH/.