Oregon State Bar Bulletin — OCTOBER 2006
Bar News

Website includes online voter's guide
With the November general election just days away, the bar has compiled a stock of information on judicial elections and ballot measures that would affect Oregon’s legal system.

Visit the OSB Online Voter’s Guide at www.osbar.org for results of bar preference polls, detailed questionnaire responses from many judicial candidates, and position statements on ballot measures 40 and 48, both of which are opposed by the bar.

You can also watch streaming video of a debate on Measure 40 and a forum with the Hon. Virginia Linder and Jack Roberts, candidates for Oregon Supreme Court.

The guide includes general voting information, as well.

Reciprocity, house counsel applicants
The following have applied for admission either via reciprocity, as house counsel or law teacher. The Board of Bar Examiners requests that members examine this list and bring to the board’s attention in a signed letter any information that might influence the board in considering the moral character of any applicant for admission. Send correspondence to Marlyce Gholston, Executive Director, Oregon State Board of Bar Examiners, 5200 S.W. Meadows Road, Lake Oswego, OR 97035.

Reciprocity applicants: Ronald Anderson, Alan Blotch, Daniel Dvorkin, William Eddie II, Gregory Edmiston, Amy Forbis, Timothy Friedrichsen, James Fucetola, Thomas Grove, Steven Koda, Mario Ledesma, Whitney Leibow, Theodore Mahr, Jeffrey Maxwell, Randi Nathanson, Lacey Noel, James Owen, Charles Roe, Anthony Scisciani, Christie Snyder, Zachary Stoumbos, George Telquist, William Thayer, Julie Thrall, Kristen Waggoner, Christopher Weiss, Mark Wilner, Robert Zech and Daniel Zimberoff

House counsel applicant: David Scott.

Make note: Awards dinner is Dec. 7
Join OSB President Dennis Rawlinson as he recognizes the outstanding achievements of this year’s award recipients at the Annual Awards Dinner.

This special evening begins with dinner at 6 p.m. on Dec. 7 at The Benson Hotel in Portland. See www.osbar.org for updates and ticket information.

Willamette conference to honor Linde
The Willamette Center for Law and Government and the Willamette Law Review will hold a conference in honor of former Oregon Supreme Court Justice Hans A. Linde, distinguished scholar in residence at the College of Law.

The one-day symposium, "Unparalleled Justice: The Legacy of Hans Linde," will be held Oct. 27, at the Truman Wesley Collins Legal Center on the Willamette campus. Conference participants, who include current and former justices of the supreme courts of California, Oregon, Utah and Wisconsin and current judges of the Oregon Court of Appeals, will address Justice Linde’s immense contribution to national and state laws, as well as future trends in public law. Leading legal scholars in the areas of constitutional, administrative and legislative law will round out the panels.

For conference registration information, please contact the Willamette Law Review office at (503) 370-6186 or send an e-mail to Naomi Levelle at nlevelle@willamette.edu. Oregon Continuing Legal Education credits are pending.

Immigration lawyers to bestow awards
The Oregon chapter of the Oregon chapter of the American Immigration Lawyers Association (AILA) has announced that Portland attorney Philip Hornik will be this year’s recipient of the Gerald H. Robinson Excellence in Advocacy Award. This award is given annually to an Oregon AILA member in recognition of tireless and outstanding advocacy of immigrant rights.

The award will be presented at a special dinner and program on Friday, October 20, 2006, at the Governor Hotel in Portland from 6-9 p.m. At the dinner, the chapter will also award Portland businessman Junki Yoshida the Oregon Immigrant Achievement Award.

Also, from 8:30am-3:30pm on Friday October 20, the Oregon AILA Chapter will present a CLE, "Immigration Consequences of Criminal Convictions," at the Mark O. Hatfield U.S. Courthouse.

All proceeds from the dinner and CLE will benefit Oregon nonprofit legal service providers that serve Oregon’s immigrant communities.

For more information or to register, visit www.ailaoregon.com or contact Eryn Potempa (503) 671-3824, eryn.potempa @nike.com.

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.

R. Randall Harrison of Tacoma, OSB #79479, transferred to inactive status in 2000 because he was living and practicing law in Washington, where he has been an active member since 1986. Harrison plans to remain a solo practitioner in Washington, occasionally representing Oregon clients after his reinstatement.

Claudia Michelle Larkins (Shelley) of Portland, OSB #84196, has been on inactive status since 1998 to focus on raising her family. During this time, she has been an active community volunteer, spending substantial time coaching a high school constitutional law team. Upon her reinstatement, Larkins will to return to the private practice of law part-time with a Portland firm.

David R. Maier of Portland, OSB #78296, has been an inactive bar member since 1999, having established his own law office systems consulting business. After reinstatement, Maier will continue with his consulting business, and may also engage in contract-legal services for his existing clients.

Pamela D. Quinlan of Portland, OSB #92618, transferred to inactive status in 2000 to stay home with her family. While inactive, she has been employed in various non-legal positions, occasionally performing contract legal drafting. Quinlan has no specific plans upon reinstatement.

Deborah C. Rush of South Carolina, OSB #95046, inactive in Oregon since 1996, is a member of several bars, including South Carolina, where she has had a solo practice since 2001. (Other bars are California, D.C., Hawaii, New York and Massachusetts). She would like to return to Oregon, and has been actively seeking a legal position here.

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 OSB Regulatory Services Division, P.O. Box 1689, Lake Oswego, OR 97035, (503) 620-0222, or (800) 452-8260, ext. 343.

Securities regulation conference topic
The Willamette Securities Regulation Conference will be held Oct. 19, at the Multnomah Athletic Club in Portland.

The one-day conference was designed to give practicing attorneys a rare inside view and new perspectives on current developments in securities regulation through three panel sessions and a keynote address luncheon.

For registration information, contact Kathleen Fitzgerald at (503) 370-6402 or kfitzger@willamette.edu. Additional information is at www.willamette.edu/ wucl/news.

return to top
return to Table of Contents

House of Delegates
takes actions

On Saturday, Sept. 16, the House of Delegates (HOD) voted to:

  • Oppose ballot measures regarding the geographical election of appellate judges and limits on state spending.
  • Continue the bar’s Affirmative Action Program for 15 years at $30 per active member per year.
  • Maintain the bar’s diversity policy that disallows military recruitment advertising in the Bulletin.
  • Support increased compensation for public defense lawyers and support an ABA Ethics Opinion regarding their ethical responsibilities.
  • Support lawyers’ contributions to low-income legal services.
  • Continue the bar’s Leadership College.
  • Make no changes to the proposed subscription pricing for online CLE publications (BarBooks™).
  • Make minor changes to the Oregon Rules of Professional Conduct.
  • Support a revised Statement of Professionalism.
  • Recommend elimination of a rule prohibiting post-trial contact with jurors, encourage the availability of optional form pleadings, and recommend elimination of the requirement for "True Copy" certification.
  • Amend the HOD Procedures regarding Roberts Rules of Order.
  • Not reimburse mileage for delegates’ attendance at HOD meetings.
  • Not support renumbering the Oregon Rules of Civil Procedure.

In addition, the HOD pulled from its agenda a resolution that would have amended the OSB Bylaws to allow the HOD to adopt or amend the bylaws, and the presenter withdrew a resolution amending OSB Bylaw 10 to eliminate the prohibition against advertising by employers who do not subscribe to the OSB diversity policy. A resolution to sunset the Loan Repayment Assistance Program was not added to the agenda by the HOD.

The House of Delegates agenda and voting results are posted on the bar’s website, www.osbar.org.

National Law Conference concludes annual meeting

By Lane Shetterly,
Oregon Uniform Law Commissioner

The National Conference of Commissioners on Uniform State Laws recently concluded its 115th Annual Meeting in South Carolina. The Conference approved eight new acts dealing with issues ranging from new rules on volunteer healthcare services in declared emergencies to a revision of the established rules governing organ donations.

The Conference is comprised of more than 300 lawyers, judges, law professors, legislators and government attorneys, appointed by every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. The uniform law commissioners draft proposals for uniform laws on issues where disparity between the states is a problem.

As they’ve done each summer since 1892, uniform law commissioners gathered for a full week to discuss — and debate line by line, word by word — legislative proposals drafted by their colleagues during the year. The eight acts just approved in South Carolina are now available for state enactment.

The new uniform acts are: the Emergency Volunteer Healthcare Practitioners Act; the Uniform Anatomical Gift Act; the Uniform Prudent Management of Institutional Funds Act (UPMIFA); the Uniform Child Abduction Prevention Act; the Uniform Power of Attorney Act; the Uniform Limited Liability Company Act; the Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act; and the Model Registered Agents Act.

Information on all of these acts, including the approved text of each act, can be found at the Conference website at www.nccusl.org.

Once an act is approved by NCCUSL, it is officially promulgated for consideration by the states, and the legislatures are urged to adopt it. Since its inception, NCCUSL has been responsible for more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, the Uniform Partnership Act, and the Uniform Interstate Family Support Act.

Oregon joined the Conference in 1908, and since that time has enacted more than 100 uniform or model acts promulgated by the Conference. The Oregon Commission on Uniform State Laws consists of: Carl S. Bjerre, Eugene; Lane Shetterly, Salem; Martha Lee Walters, Eugene; and D. Joe Willis, Portland.

The procedures of the Conference insure meticulous consideration of each uniform or model act. The Conference usually spends a minimum of two years on each draft. Sometimes, the drafting work extends much longer. No single state has the resources necessary to duplicate this meticulous, careful, non-partisan effort. Working together with pooled resources through the Conference, Oregon joins with every other state to produce the impressive body of laws known as the "Uniform State Laws."