Oregon State Bar Bulletin — AUGUST/SEPTEMBER 2008
Bar News

New OSB Executive Director Chosen
On August 15, the Board of Governors interviewed the four finalists for the open executive director position, met in executive session to deliberate, and in public session voted to extend an offer of employment to Teresa Schmid. She accepted the offer subject to finalizing her employment contract. Teresa Schmid is the current executive director of the State Bar of Arizona.

OLIO Thanks Generous Donors
August 7 marked the kickoff of the 11th annual Opportunities for Law in Oregon (OLIO). The OLIO 2008 orientation was held at Mt. Bachelor Village in Bend, bringing together 44 minority law students entering Oregon’s law schools, 21 upper division law students, 34 attorneys, 9 judges, and representatives from each of Oregon’s law schools and some of the state’s larger law firms.The program’s mission is to encourage minority law students to remain in Oregon and diversify our bar membership.

The Diversity/Affirmative Action Program would like to thank the Oregon Law Foundation for their generous grant and also our sponsors for an unprecedented additional $30,000 in donations, underwriting and helping to secure the success of OLIO 2008: Brownstein Rask Sweeney; Bullivant Houser Bailey; Davis Wright Tremaine; Gaydos Churnside & Balthrop; Jordan Schrader Ramis; K&L Gates; Karnopp Peterson; Landye Bennett & Blumstein; Lane Powell; Lewis & Clark Law School; Markowitz Herbold Glade & Mehlhalf; McEwan Gisvold; Miller Nash; Multnomah Bar Association; Oden-Orr Law; OSB Diversity Section; OSB Worker’s Compensation Section; Oregon Minority Lawyers Association; Schwabe Williamson Wyatt; Stoel Rives; Tonkon Torp; University of Oregon School of Law; Willamette University College of Law ; and numerous individuals who made personal donations.

House of Delegates Meets Sept. 13
Matters on the House of Delegates Sept. 13 meeting agenda include such topics as: a new court rule for provision of legal services following a major disaster; proposal for alternate HOD delegates; adoption of ORPC 1.6(b)(7), an additional exception to the duty of confidentiality; promotion of sustainability by encouraging telephonic and video court appearances; consideration of OSB paralegal certification; support for fiscal impact statements on sentencing; creation of House of Delegates executive committee; amending the HOD quorum requirement; fair compensation for public defense lawyers; and adequate funding of legal services (two resolutions). Watch for more details online at www.osbar.org after the meeting.

It’s MCLE Reporting Time Again
By Denise Cline

Members with an MCLE reporting period ending Dec. 31, 2008, will be receiving an MCLE compliance report by Nov. 1. Does the bar have your current address? If you do not receive the compliance report and do not report, you could be suspended for failure to comply with the MCLE rules. To check your address and MCLE reporting period information on our website, go to www.osbar.org/

Here are answers to some frequently asked questions about MCLE compliance:

Do I still have to complete elimination of bias credits?
Elimination of bias credits are now referred to as access to justice credits. The requirement for members whose reporting period ends on Dec. 31, 2008, will remain the same. Members in a three-year reporting period must complete three access to justice credits; members in a shorter reporting period must complete one access to justice credit.

Beginning with the reporting period ending Dec. 31, 2009, members in a three-year reporting period will need to earn three access to justice credits only in every other reporting period. Members whose three-year reporting periods end Dec. 31, 2009, Dec. 31, 2010, and Dec. 31,2011, are not required to complete access to justice credits during those reporting periods.

Are the professional responsibility credits (legal ethics, child abuse reporting and access to justice) part of— or in addition to—the minimum requirement?
The professional responsibility credits are included in your minimum requirement. If your three-year reporting period ends in 2008, your minimum requirement is 45 credits, including five legal ethics, one child abuse reporting and three access to justice. If your shorter reporting period ends in 2008, your minimum requirement is 15 credits, including one legal ethics, one child abuse reporting and one access to justice. If you are reporting to Oregon for the first time, 10 of the 15 credits must be practical skills.

Can I include programs on my report that have not been accredited in Oregon?
No. If a program you attended has not been accredited, you need to apply for accreditation by completing MCLE Form 2 and sending it to our office along with the requested enclosures. The form is online at www.osbar.org. Submit this form now so we’ll have time to process it and notify you of the credit information before the end of the year.

How do I know if a program has been accredited in Oregon?
Use the searchable program database available on our website to find out if a program you attended has been accredited. From the OSB home page, click on MCLE, and then click on the Program Database link at the top.

Can I count extra access to justice credits as ethics credits?
No. Extra access to justice credits cannot count as ethics credits, and extra ethics credits cannot count as access to justice credits. You can, however, count extra access to justice and ethics credits as general credits.

Will my extra access to justice credits carry over into the next reporting period? Access to justice credits in excess of the requirement can be carried forward into the next reporting period, but will count only toward the general credit requirement.

Why are some of the activities I completed not posted to my transcript?
Attendance information is posted on a regular basis. It is possible that we have not received the attendance information from the sponsor. If an accredited activity has not been posted to your transcript, you can simply add it yourself to page two (the itemization page) of your compliance report.

If my principal office is in Washington (or Idaho or Utah), do I have to submit a completed compliance report?
If your principal office is in Washington, Idaho or Utah, you can comply with Oregon’s MCLE requirements by completing the child abuse reporting credit and submitting a current certificate of compliance from the MCLE office in your principal state of practice. Attach the certificate to page one of your Oregon MCLE compliance report. On page two of the report, indicate when and how you completed the child abuse reporting credit. Then sign the report and return it to our office by the deadline.

If I am an out-of-state member but not in Washington, Idaho or Utah, do I have to submit a completed compliance report?
Yes. You must meet the Oregon MCLE requirements, including the child abuse reporting and access to justice credits. If the activities you attended have not been accredited in Oregon, you must provide information about them from which it can be determined whether the programs substantially meet Oregon’s MCLE standards and from which we can calculate the number of 60-minute credits for which the program qualifies. This can include certificates of attendance, brochures describing the program content and schedules, and evidence of accreditation in the jurisdiction in which you practice.

What is the deadline to complete my credits and submit my report?
All credits must be completed by midnight on Dec. 31, 2008. The completed compliance report is due in our office no later than 5 p.m. on Monday, Feb. 2, 2009. Reports may be delivered by fax or electronic transmission.

If I am not practicing law, do I need to comply with the MCLE rules?
If you are an active member of the Oregon State Bar, you are required to comply with the MCLE rules.

How do I view my compliance report online?
Go to www.osbar.org/secured/login.asp and log into your account. Then use the "Check Your MCLE Compliance Report" link under "Annual Reporting."

If your question has not been answered, please call the MCLE Department at (503) 620-0222, ext. 368 or toll-free in Oregon (800) 452-8260, ext. 368. If you prefer, you can e-mail your question to Denise Cline, MCLE administrator, at dcline@osbar.org.

Oregon Law Foundation Thanks Oregon Banks for Their Support
The Oregon Law Foundation’s first annual recognition event was held in May 29, 2008, at the Heathman Hotel in Portland. The focus of the event was to recognize and thank Oregon banks for their support of access to justice through the IOLTA program. The OLF would like to thank speakers: Linda Navarro, chief executive officer of the Oregon Bankers Association; Emi Donis, president of the Oregon Law Foundation Board and Kerry Tymchuck, chief of staff for Sen. Gordon Smith. They would also like to thank Supreme Court Justice Balmer for his work as Master of Ceremony. VIPs in attendance included Congressman David Wu and Oregon Supreme Court Chief Justice De Muniz, among others.

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