Chapter 9 — Oregon State Bar; Attorneys; Law Libraries

 

2023 EDITION

 

 

STATE BAR; ATTORNEYS; LAW LIBRARIES

 

COURTS OF RECORD; COURT OFFICERS; JURIES

 

OREGON STATE BAR

 

9.005         Definitions for ORS 9.005 to 9.757

 

9.006         Authority of Supreme Court

 

9.010         Status of member and Oregon State Bar; applicability of statutes

 

9.025         Board of governors; number; eligibility; term

 

9.030         Voting rights; eligibility of members for board of governors and house of delegates

 

9.040         Election of governors; rules; vacancies

 

9.042         Determination of eligibility of candidate for board of governors; procedure; review by Supreme Court

 

9.050         Recall or removal of governors

 

9.055         Chief executive officer

 

9.060         President, president-elect and immediate past president

 

9.070         Duties of president and president-elect; deposit and disbursement of fees

 

9.080         Duties and authority of bar and of board of governors; professional liability fund; quorum; status of employees of bar

 

9.090         Appropriation and disbursement of funds

 

9.100         Statement of financial condition

 

9.110         Board of governors to formulate rules

 

9.112         Board of governors to establish minimum continuing legal education requirements

 

9.114         Mandatory training on duties relating to reporting child abuse and abuse of elderly persons; rules

 

HOUSE OF DELEGATES

 

9.136         House of delegates created; membership; terms

 

9.139         Powers of house of delegates

 

9.142         Rules for conduct of business; meetings

 

9.145         Public members

 

9.148         Participation by nondelegates; referral of question for vote; petition for consideration or vote

 

9.150         Termination of delegate’s term

 

9.152         Election of delegates; rules

 

9.155         Recall of delegate

 

PRACTICE OF LAW; MEMBERSHIP IN THE BAR

 

9.160         Bar membership required to practice law; exceptions

 

9.162         Definitions for ORS 9.160 to 9.166

 

9.164         Investigation of alleged violation of ORS 9.160

 

9.166         Enjoining practicing law without a license; restitution to victim

 

9.180         Classes of membership

 

9.191         Annual membership fees; professional liability assessments

 

9.200         Effect of failure to pay membership fees; reinstatement

 

9.210         Board of bar examiners; fees of applicants for admission to bar

 

9.220         General requirements for admission

 

9.241         Practice of law by attorneys licensed in other jurisdictions; associate membership; rules; fee

 

9.242         Advice on law of foreign jurisdiction; rules

 

9.250         Order for admission; oath of qualified applicant

 

9.261         Resignation of member

 

9.280         Prohibition on acting as immigration consultant; definitions; exception

 

ATTORNEY AND CLIENT RELATIONSHIP

 

9.310         Attorney defined; counsel

 

9.320         Necessity for employment of attorney; effect of employment

 

9.330         Authority of attorney

 

9.340         Challenge by party of attorney’s authority to appear for party

 

9.350         Challenge of attorney’s authority to appear for adverse party

 

9.360         Compelling delivery by attorney of money or papers

 

9.370         Compelling delivery when attorney claims lien

 

9.380         Changing attorneys and terminating attorney-client relationship

 

9.390         Notice of change or termination

 

PROFESSIONAL CONDUCT

 

9.460         Duties of attorneys

 

9.490         Formulation of rules of professional conduct; prohibition on certain sanctions for violation of rule

 

PROHIBITED CONDUCT

 

9.500         Solicitation of personal injury business by nonlawyer

 

9.505         Payment for referring claims resulting from personal injury or death

 

9.510         Solicitation by attorneys

 

9.515         Referral of claims, suits or actions between members; division of fees

 

9.520         Acceptance and prosecution of solicited claims

 

BAR DISCIPLINARY PROCEEDINGS

 

9.527         Grounds for disbarment, suspension or reprimand

 

9.528         Advice on conducting covert operations; participation in covert operations

 

9.529         Status of proceedings relating to discipline, admission or reinstatement

 

9.532         State professional responsibility board

 

9.534         Disciplinary board; procedure before board; oaths; subpoenas; hearing; record

 

9.536         Disciplinary board decision; appeal to Supreme Court; review; costs

 

9.537         Civil immunity of witnesses, bar officials and employees

 

9.539         Application to admission and reinstatement proceedings

 

9.542         Rules for investigation of members and applicants; authority of board of governors to require fingerprints

 

9.555         Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions

 

9.565         Tax return information from Department of Revenue; use

 

MEMBER ASSISTANCE

 

9.568         State lawyers assistance committee; personal and practice management assistance committees; rules; confidentiality; civil immunity

 

LEGAL SERVICES PROGRAM

 

9.572         Bar to establish Legal Services Program; director; advisory and technical committees

 

9.576         Review of providers; mediation; hearing; suspension of funding

 

9.578         Funding sources

 

9.582         Use of amounts not paid to class members in class action lawsuits

 

CLIENT SECURITY FUND

 

9.615         Definition for ORS 9.615 to 9.665

 

9.625         Plan to relieve client losses; rules

 

9.635         Sources of client security fund

 

9.645         Annual payment by state bar members

 

9.655         Investigation of claim of loss; subpoena

 

9.657         Immunity from civil liability

 

9.665         Authority for reimbursement of client; waiver of conditions; subrogation for amount paid

 

LAWYER TRUST ACCOUNTS

 

9.675         Mandatory certification and disclosures for lawyer trust accounts

 

9.685         Trust account overdraft notification program

 

9.688         Circuit court jurisdiction to determine entitlement to property in lawyer trust account

 

SEARCH OR SEIZURE OF LEGAL FILES OR PREMISES

 

9.695         Status of files or work premises of member; inadmissibility of evidence subject to search or seizure

 

ASSUMING PRACTICE OF NONPERFORMING MEMBER

 

9.705         Definitions for ORS 9.705 to 9.757

 

9.710         Jurisdiction of circuit court over law practice of nonperforming member

 

9.715         Petition to take jurisdiction over law practice

 

9.720         Court taking jurisdiction over law practice

 

9.725         Appointment of bar or attorney as custodian of law practice; duties of custodian, court and financial institution

 

9.727         Service of order of custodianship

 

9.730         Assistance by professional liability fund and other members

 

9.735         Compensation of custodian

 

9.740         Court orders appealable; stay

 

9.745         Statutes of limitation suspended

 

9.750         Confidentiality of files and records; attorney-client privilege

 

9.755         Final report of custodian; petition for compensation; court approval

 

9.757         Retention of client materials

 

LAW LIBRARIES

 

9.760         Judicial department library services; fees

 

9.780         Exchange of legal publications

 

9.790         Legislative Counsel furnishing copies of codes and session laws for exchange

 

9.800         Sale of surplus codes and session laws

 

9.815         County law libraries and law library services

 

9.820         Law libraries in Multnomah County

 

9.825         Law library surveys; reports

 

9.829         Use of moneys distributed to counties

 

UNIVERSAL REPRESENTATION

 

9.860         Universal representation program; grants; transfer of funds to Legal Services Program for immigration legal services; advisory committee; report to legislature

 

9.865         Universal Representation Fund

 

PENALTIES

 

9.990         Penalties

 

OREGON STATE BAR

 

      9.005 Definitions for ORS 9.005 to 9.757. As used in ORS 9.005 to 9.757, unless the context or subject matter requires otherwise:

      (1) “Attorney” means an attorney member of the Oregon State Bar.

      (2) “Board” and “board of governors” mean the board of governors of the bar.

      (3) “Delegate” means a delegate of the house of delegates of the Oregon State Bar.

      (4) “Governor” means a member of the board of governors of the bar.

      (5) “House” and “house of delegates” mean the house of delegates of the Oregon State Bar.

      (6) “Member” means a member or associate member of the Oregon State Bar.

      (7) “Oregon State Bar,” “state bar” and “bar” mean the Oregon State Bar created by the State Bar Act set forth in ORS 9.005 to 9.757.

      (8) “Rules of procedure” means the rules of procedure relative to admission, discipline, resignation and reinstatement of members of the bar adopted by the board and approved by the Supreme Court. [1975 c.641 §2; 1979 c.252 §14; 1995 c.302 §15; 1997 c.249 §5; 2017 c.94 §3; 2023 c.72 §1]

 

      9.006 Authority of Supreme Court. Nothing in ORS 9.005 to 9.757 affects the inherent authority of the Supreme Court to adopt rules for the operation of the courts, including any rules relating to the regulation of the practice of law, that are deemed necessary by the court. [2019 c.248 §6]

 

      9.010 Status of member and Oregon State Bar; applicability of statutes. (1) A member, admitted to practice in this state, is an officer of the court.

      (2) The Oregon State Bar is a public corporation and an instrumentality of the Judicial Department of the government of the State of Oregon. The bar is authorized to carry out the provisions of ORS 9.005 to 9.757.

      (3) The bar is subject to the following statutes applicable to public bodies:

      (a) ORS 30.210 to 30.250.

      (b) ORS 30.260 to 30.300.

      (c) ORS 30.310, 30.312, 30.390 and 30.400.

      (d) The Oregon Rules of Civil Procedure.

      (e) ORS 192.311 to 192.478.

      (f) ORS 192.610 to 192.705.

      (g) ORS 243.401 to 243.507.

      (h) ORS 244.010 to 244.040.

      (i) ORS 297.110 to 297.230.

      (j) ORS chapters 307, 308 and 311.

      (k) ORS 731.036 and 737.600.

      (4) Except as provided in subsection (3) of this section, the bar is not subject to any statute applicable to a state agency, department, board or commission or public body unless the statute expressly provides that it is applicable to the Oregon State Bar.

      (5) The Oregon State Bar has perpetual succession and a seal, and may sue and be sued. Notwithstanding the provisions of ORS 270.020 and 279.835 to 279.855 and ORS chapters 278, 279A, 279B and 279C, the bar may, in its own name, for the purpose of carrying into effect and promoting its objectives, enter into contracts and lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property.

      (6) No obligation of any kind incurred or created under this section shall be, or be considered, an indebtedness or obligation of the State of Oregon. [Amended by 1955 c.463 §1; 1965 c.461 §1; 1985 c.446 §1; 1997 c.249 §6; 2003 c.794 §194; 2007 c.60 §1; 2023 c.72 §2]

 

      9.020 [Amended by 1971 c.103 §1; repealed by 1973 c.114 §5]

 

      9.025 Board of governors; number; eligibility; term. (1)(a) The Oregon State Bar shall be governed by a board of governors consisting of 19 members:

      (A) Fourteen of the members shall be active members of the Oregon State Bar elected from the regions established under subsection (2)(a) of this section. A member elected under this subparagraph must maintain the member’s principal office in the region for which the member seeks election throughout the member’s candidacy and term of office.

      (B) One member shall be an active member of the Oregon State Bar elected from the region established under subsection (2)(b) of this section. The member elected under this subparagraph must maintain the member’s principal office in the region established under subsection (2)(b) of this section throughout the member’s candidacy and term of office.

      (C) Four of the members shall be appointed by the board of governors from among the public. The public members must be residents of this state throughout their terms of office and may not be active or inactive members of the Oregon State Bar.

      (b) A person charged with official duties under the executive and legislative departments of state government, including but not limited to elected officers of state government, may not serve on the board of governors. Any other person in the executive or legislative department of state government who is otherwise qualified may serve on the board of governors.

      (2) The board of governors shall establish regions for the purpose of electing board members as follows:

      (a) The board shall divide the State of Oregon into regions for the purpose of electing board members described in subsection (1)(a)(A) of this section. Regions established under this paragraph must be based on the number of attorneys who have their principal offices in the region. To the extent that it is reasonably possible, regions established under this paragraph must be configured by the board so that the representation of board members to attorney population in each region is equal to the representation provided in other regions. At least once every 10 years the board shall review the number of attorneys in the regions and shall alter or add regions as the board determines is appropriate in seeking to attain the goal of equal representation.

      (b) The board shall establish one region composed of all areas not located in the State of Oregon for the purpose of electing the board member described in subsection (1)(a)(B) of this section.

      (3) Members of the board of governors may be elected only by the active members of the Oregon State Bar who maintain their principal offices in the regions established by the board under subsection (2) of this section. The regular term of a member of the board is four years. The board may establish special terms for positions that are shorter than four years for the purpose of staggering the terms of members of the board. The board must identify a position with a special term before accepting statements of candidacy for the region in which the position is located. The board shall establish rules for determining which of the elected members for a region is assigned to the position with a special term.

      (4) A judge of a municipal, state or federal court or any other full-time judicial officer is not eligible for appointment or election to the board of governors.

      (5) The term of any member of the board of governors terminates on the date of the death or resignation of the member or, if the member of the board is required to be a member of the Oregon State Bar, the term terminates on the date:

      (a) Of the termination of active membership in the Oregon State Bar for any reason;

      (b) When the member discontinues to maintain the principal office of law practice in the region in which it was maintained at the time of the appointment or election of the member; or

      (c) When the member assumes office as a judge of a municipal, state or federal court, or fills a full-time judicial office.

      (6) A member of the board of governors is not eligible during the member’s term of office for service pro tempore as a judge of any municipal, state or federal court. [1973 c.114 §1; 1981 c.193 §3; 1993 c.307 §1; 1995 c.302 §1; 2009 c.218 §1; 2011 c.303 §1; 2015 c.122 §1]

 

      9.030 Voting rights; eligibility of members for board of governors and house of delegates. (1) An active member of the Oregon State Bar shall vote for members of the board of governors and house of delegates representing the region in which the bar member maintains the member’s principal office.

      (2) An active member of the Oregon State Bar is eligible to be a candidate for, and to be appointed or elected to, the board of governors or house of delegates to represent the region in which the bar member maintains the member’s principal office. [Amended by 1971 c.103 §2; 1973 c.114 §2; 1995 c.302 §16; 2011 c.303 §2]

 

      9.040 Election of governors; rules; vacancies. (1) The election of governors shall be held annually on a date set by the board of governors. Any member of the Oregon State Bar who is eligible to serve as a governor for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the chief executive officer of the bar. The board shall establish a deadline for filing statements of candidacy.

      (2)(a) The bar shall distribute ballots containing the names of the candidates for the office of governor in each region to every active member in the region. Voting must be completed on or before the day of the election. The chief executive officer shall canvass the votes and record the results of the election.

      (b) The board by rule may provide for electronic elections under paragraph (a) of this subsection. Rules adopted under this paragraph may provide for electronic distribution of election materials and electronic tabulation of votes.

      (3) In a region in which only one position is to be filled, the candidate receiving the highest vote shall be declared elected. If a region has more than one position to be filled, the candidate with the most votes received shall be declared elected, the candidate with the next highest number of votes received shall then be declared elected, and so on until all positions are filled. The balloting shall be conducted so that only eligible active members can vote, and the secrecy of the ballot shall be preserved.

      (4) Notwithstanding subsection (1) of this section, the board may not conduct an election for a region if the number of candidates for the region is equal to or less than the number of open positions for the region. If the number of candidates for the region is equal to or less than the number of open positions for the region, the board shall declare the candidate or candidates elected on a date specified by the board.

      (5) A vacancy in the office of elective member of the board of governors that occurs more than 24 months before the expiration of the term shall be filled for the remainder of the term by a governor elected at a special election held in the manner provided in this section as soon as possible after the occurrence of the vacancy, or as provided in subsection (4) of this section if there is only one candidate. The vacancy may be filled for the period between the occurrence of the vacancy and the election of a new governor by a person appointed by the board. A vacancy in the office of elective member that occurs 24 months or less before the expiration of the term shall be filled for the remainder of the term by a person appointed by the board.

      (6) A vacancy in the office of public member of the board of governors shall be filled for the remainder of the term by a governor appointed by the board. [Amended by 1973 c.114 §3; 1979 c.252 §15; 1985 c.512 §1; 1995 c.302 §2; 2001 c.297 §1; 2003 c.192 §1; 2005 c.347 §1; 2011 c.303 §3; 2017 c.94 §4]

 

      9.042 Determination of eligibility of candidate for board of governors; procedure; review by Supreme Court. (1) Upon the written request of any member of the Oregon State Bar, or upon the board’s own motion, the board of governors shall determine the eligibility of a candidate for the board. A request under this section must be filed with the chief executive officer of the bar within 30 days after the final day on which statements of candidacy are required to be filed. The board shall give written notice of the request to the candidate whose eligibility will be determined. The board shall provide an opportunity to the candidate to respond on the issue of the candidate’s eligibility.

      (2) The board shall give written notice to the candidate, and to any member of the bar who has requested a determination on the eligibility of the candidate under the provisions of this section, of the board’s determination on the candidate’s eligibility. The notice must be given not later than 75 days after the final day on which statements of candidacy are required to be filed. The notice shall state the specific grounds for the board’s determination.

      (3) A candidate, or a member of the bar who has requested a determination on the eligibility of a candidate under the provisions of this section, may file a petition for review of the board’s determination with the Supreme Court. The petition for review must be filed within 15 days only after notice is given to a candidate or member under subsection (2) of this section.

      (4) Upon the timely filing of a petition for review under subsection (3) of this section, the Supreme Court has jurisdiction to resolve all issues arising under the Oregon Constitution, state statutes, rules of the court and rules of the board that are related to the eligibility of candidates for the board.

      (5) The board of governors shall establish procedures for the implementation of subsections (1) and (2) of this section. The procedures shall be designed to ensure that there will be a final determination on the eligibility of a candidate for the board no later than 10 days before the distribution of the ballots to members of the bar in the election that is affected by the determination.

      (6) This section provides the exclusive procedure for challenging the eligibility of a candidate for the board. No other administrative or judicial proceeding may be brought to challenge the eligibility of a candidate for the board. [1993 c.307 §3; 2011 c.303 §4; 2017 c.94 §5]

 

      9.050 Recall or removal of governors. (1)(a) On petition signed by 25 percent of the members in any region for the recall of any governor elected from that region, the chief executive officer of the Oregon State Bar shall serve notice as soon as possible on the governor informing the governor that the petition has been filed. If the governor does not resign within 10 days after the date the notice is served, the chief executive officer shall distribute ballots to each active member of the bar within the region eligible to vote, submitting the question whether the governor shall be recalled. If a majority of the members voting at the election vote in favor of the recall, the governor is recalled.

      (b) On the affirmative vote of two-thirds of the entire membership of the board of governors, the board shall refer the question of the recall of any governor from any region to a vote of the members of that region. The chief executive officer shall serve notice as soon as possible on the governor informing the governor that the board has approved a recall election. If the governor does not resign within 10 days after the notice is served, the chief executive officer shall distribute ballots to each active member of the bar within the region eligible to vote, submitting the question whether the governor shall be recalled. If a majority of the members voting at the election vote in favor of the recall, the governor is recalled.

      (c) The board of governors shall approve the ballot and any information submitted to the members in connection with a recall vote.

      (2) The board of governors may remove a member of the board on the affirmative vote of two-thirds of the entire membership of the board. For purposes of a vote under this subsection, three-fourths of the total number of members then in office shall constitute a quorum. [Amended by 1973 c.114 §4; 1979 c.252 §16; 2003 c.14 §8; 2005 c.347 §2; 2017 c.94 §6; 2021 c.497 §14]

 

      9.055 Chief executive officer. The board of governors shall appoint a chief executive officer of the Oregon State Bar. The chief executive officer is the chief administrative employee of the bar. The chief executive officer may, but need not, be a member of the bar. The chief executive officer serves at the board’s discretion and shall perform such duties as the board prescribes. [2017 c.94 §2]

 

      9.060 President, president-elect and immediate past president. A president and president-elect shall be elected by the governors each year immediately following the annual election of governors and before the newly elected governors have qualified. The president and president-elect shall be elected from among the board members. All officers shall continue in office until their successors are elected and qualify. Vacancies in any of the offices shall be filled by the board by appointment for the remainder of the term. Upon completion of the term for which the president is elected or appointed, the president becomes the immediate past president and shall serve as a nonvoting, ex officio member of the board for one year. All officers shall take office as provided by the bar bylaws. [Amended by 1985 c.512 §2; 1991 c.726 §1; 1995 c.302 §3; 2017 c.94 §13; 2023 c.5 §1]

 

      9.070 Duties of president and president-elect; deposit and disbursement of fees. (1) The president shall preside at all meetings of the house of delegates and of the board of governors, and in the president’s absence or inability to act, the president shall designate another officer to preside. The board of governors may prescribe other duties of the president and president-elect.

      (2) All fees shall be paid into the treasury of the Oregon State Bar, and when so paid shall become part of its funds and shall be disbursed only on order of the board of governors. [Amended by 1981 c.193 §4; 1991 c.331 §1; 1995 c.302 §4; 2017 c.94 §14]

 

      9.080 Duties and authority of bar and of board of governors; professional liability fund; quorum; status of employees of bar. (1) The state bar shall be governed by the board of governors, except as provided in ORS 9.136 to 9.155. The state bar has the authority to adopt, alter, amend and repeal bylaws and to adopt new bylaws containing provisions for the regulation and management of the affairs of the state bar not inconsistent with law. The board is charged with the executive functions of the state bar and shall at all times direct its power to serve the public interest by:

      (a) Regulating the legal profession and improving the quality of legal services;

      (b) Supporting the judiciary and improving the administration of justice; and

      (c) Advancing a fair, inclusive and accessible justice system.

      (2)(a)(A) The board has the authority to require all active members of the state bar engaged in the private practice of law whose principal offices are in Oregon to carry professional liability insurance and is empowered, either by itself or in conjunction with other bar organizations, to do whatever is necessary and convenient to implement this provision, including the authority to own, organize and sponsor any insurance organization authorized under the laws of the State of Oregon and to establish a professional liability fund. This fund shall pay, on behalf of active members of the state bar engaged in the private practice of law whose principal offices are in Oregon, all sums as may be provided under such plan which any such member shall become legally obligated to pay as money damages because of any claim made against such member as a result of any act or omission of such member in rendering or failing to render professional services for others in the member’s capacity as a member practicing law or caused by any other person for whose acts or omissions the member is legally responsible.

      (B) The board has the authority to assess each active member of the state bar engaged in the private practice of law whose principal office is in Oregon for contributions to the professional liability fund and to establish the date by which contributions must be made.

      (C) The board has the authority to establish definitions of coverage to be provided by the professional liability fund and to retain or employ legal counsel to represent the fund and defend and control the defense against any covered claim made against the member.

      (D) The board has the authority to offer optional professional liability coverage on an underwritten basis above the minimum required coverage limits provided under the professional liability fund, either through the fund, through a separate fund or through any insurance organization authorized under the laws of the State of Oregon, and may do whatever is necessary and convenient to implement this provision. Any fund so established shall not be subject to the Insurance Code of the State of Oregon.

      (E) Records of a claim against the professional liability fund are exempt from disclosure under ORS 192.311 to 192.478.

      (F) The board shall establish a reasonable standard for claims submitted by associate members to the professional liability fund. Each year, if the claims submitted by associate members exceed the standard established under this subparagraph, the board shall authorize substantially equivalent coverage for all members for the following calendar year.

      (b) For purposes of paragraph (a) of this subsection, a member is not engaged in the private practice of law if the member is a full-time employee of a corporation other than a corporation incorporated under ORS chapter 58, the state, an agency or department thereof, a county, city, special district or any other public or municipal corporation or any instrumentality thereof. However, a member who practices law outside of the member’s full-time employment is engaged in the private practice of law.

      (c) For the purposes of paragraph (a) of this subsection, the principal office of a member is considered to be the location where the member engages in the private practice of law more than 50 percent of the time engaged in that practice. In the case of a member practicing law in a branch office outside Oregon and the main office to which the branch office is connected is in Oregon, the principal office of the member is not considered to be in Oregon unless the member engages in the private practice of law in Oregon more than 50 percent of the time engaged in the private practice of law.

      (3) The board may appoint such committees, officers and employees as it deems necessary or proper and fix and pay their compensation and necessary expenses. At any meeting of the board, two-thirds of the total number of members then in office shall constitute a quorum. It shall promote and encourage voluntary county or other local bar associations.

      (4) Except as provided in this subsection, an employee of the state bar shall not be considered an “employee” as the term is defined in the public employees’ retirement laws. However, an employee of the state bar may, at the option of the employee, for the purpose of becoming a member of the Public Employees Retirement System, be considered an “employee” as the term is defined in the public employees’ retirement laws. The option, once exercised by written notification directed to the Public Employees Retirement Board, may not be revoked subsequently, except as may otherwise be provided by law. Upon receipt of such notification by the Public Employees Retirement Board, an employee of the state bar who would otherwise, but for the exemption provided in this subsection, be considered an “employee,” as the term is defined in the public employees’ retirement laws, shall be so considered. The state bar and its employees shall be exempt from the provisions of the State Personnel Relations Law. No member of the state bar shall be considered an “employee” as the term is defined in the public employees’ retirement laws, the unemployment compensation laws and the State Personnel Relations Law solely by reason of membership in the state bar. [Amended by 1955 c.463 §2; 1975 c.641 §3; 1977 c.527 §1; 1979 c.508 §1; 1983 c.128 §2; 1985 c.486 §1; 1989 c.1052 §5; 1995 c.302 §17; 2015 c.122 §4; 2019 c.248 §4; 2023 c.72 §3]

 

      Note: Sections 50 and 51, chapter 72, Oregon Laws 2023, provide:

      Sec. 50. For each year through 2026, the board of governors of the Oregon State Bar shall submit an annual report in the manner provided in ORS 192.245 to the committees or interim committees of the Legislative Assembly related to the judiciary on the aggregate covered claims submitted to the professional liability fund by members, as defined in ORS 9.005. [2023 c.72 §50]

      Sec. 51. Section 50 of this 2023 Act is repealed on January 2, 2028. [2023 c.72 §51]

 

      9.090 Appropriation and disbursement of funds. The board may make appropriations and disbursements from the funds of the bar and pay all necessary expenses. [Amended by 1969 c.314 §5; 1979 c.252 §17]

 

      9.100 Statement of financial condition. The board shall have prepared annually a statement explaining the financial condition of the Oregon State Bar for the 12 months preceding. The chief executive officer of the bar shall promptly submit the statement to the Chief Justice of the Supreme Court. [Amended by 1991 c.726 §2; 2017 c.94 §7]

 

      9.110 Board of governors to formulate rules. The board of governors may formulate and declare rules for carrying out the functions of the state bar. [Amended by 1975 c.641 §4; 1981 c.193 §5; 1995 c.302 §5]

 

      9.112 Board of governors to establish minimum continuing legal education requirements. The board of governors shall by rule establish minimum continuing legal education requirements for all active members of the Oregon State Bar. Rules adopted by the board of governors are subject to review by the Supreme Court. [1999 c.953 §3]

 

      9.114 Mandatory training on duties relating to reporting child abuse and abuse of elderly persons; rules. The Oregon State Bar shall adopt rules to establish minimum training requirements for all active attorney members of the bar relating to the duties of attorneys under ORS 124.060 and 419B.010. Rules adopted under this section are subject to review and approval by the Supreme Court. [1999 c.953 §2; 2013 c.352 §7; 2023 c.72 §4]

 

      9.120 [Repealed by 1995 c.302 §23]

 

      9.130 [Amended by 1979 c.508 §2; 1981 c.193 §2; 1983 c.373 §1; repealed by 1995 c.302 §23]

 

      9.132 [1993 c.131 §2; renumbered 9.685 in 2011]

 

HOUSE OF DELEGATES

 

      9.136 House of delegates created; membership; terms. (1) The house of delegates of the Oregon State Bar is created. The house consists of elected and ex officio voting delegates. All delegates must be active members of the state bar except for the public members of the board of governors and the public members appointed by the board pursuant to ORS 9.145.

      (2) The members of the board of governors of the Oregon State Bar are ex officio voting delegates.

      (3) The chairperson of each Oregon State Bar section is an ex officio voting delegate.

      (4) The elected president of each county bar association is an ex officio voting delegate. Not more than one county bar association from each county may be represented by a delegate under this subsection.

      (5) Elected delegates shall be elected from the regions established by ORS 9.025. Only active members of the bar may vote for delegates. A member may vote for delegates from the region in which the member maintains the member’s principal office.

      (6) Each region shall elect at least five delegates. If more than 550 active members maintain their principal offices in the region, the members shall elect delegates as follows:

      (a) The members shall elect one delegate for each 100 members who maintain their principal offices in the region.

      (b) The members shall elect one additional delegate if more than 50 members who maintain their principal offices in the region are not accounted for after the allocation provided for in paragraph (a) of this subsection.

      (7) Elected delegates shall serve for terms of three years. A vacancy in the office of an elected delegate shall be filled for the remainder of the term by a delegate appointed by the board of governors.

      (8) An elected delegate may not serve as a member of the board of governors, as a section chairperson or as a county bar association president during the delegate’s term.

      (9) For the purposes of this section, “county bar association” means a general purpose bar association established by the lawyers of one or more counties for the purpose of maintaining good professional relations between members of the bench and of the bar in the county or counties, and for the purpose of improving the administration of justice in the county or counties. [1995 c.302 §7; 2001 c.297 §2; 2015 c.122 §2]

      9.139 Powers of house of delegates. (1) The delegates at a meeting of the house of delegates may, by a vote of the majority of the delegates attending the meeting, do either of the following:

      (a) Modify or rescind an action or decision of the board of governors.

      (b) Direct the board of governors as to future action.

      (2) The board of governors is bound by a decision of the house of delegates made in the manner prescribed by subsection (1) of this section.

      (3) The power of the house of delegates to direct, modify or rescind an action or decision of the board of governors under subsection (1) of this section does not include the power:

      (a) To invalidate payments previously made at the direction of the board;

      (b) To direct, modify or rescind any assessment by the board for contributions to a professional liability fund established under ORS 9.080; or

      (c) To direct, modify or rescind any other action or decision by the board that is subject to control, approval or review by the Supreme Court.

      (4) Subsection (3)(c) of this section does not affect the ability of the house of delegates to formulate disciplinary rules under ORS 9.490. [1995 c.302 §8]

      9.142 Rules for conduct of business; meetings. (1) The board of governors shall formulate rules for the conduct of the business of the house of delegates. Rules adopted by the board become effective upon the adoption of the rules by the house of delegates. The president of the Oregon State Bar may call special meetings of the house. The president shall call a special meeting of the house if 25 or more delegates make a written request for a special meeting. A majority of the total number of delegates constitutes a quorum for any regular or special meeting of the house.

      (2) The board of governors shall set a time and place for the annual meeting of the house of delegates. At the annual meeting, the board of governors shall submit to the house of delegates reports of the proceedings by the board since the last meeting of the house, reports of the officers and committees of the state bar and recommendations of the board.

      (3) The house of delegates may vote through electronic ballot. If electronic ballots are used at a meeting, the vote of each member must be recorded and published after the meeting. [1995 c.302 §9; 2021 c.497 §12]

      9.145 Public members. The board of governors shall appoint a public member delegate for each region in the State of Oregon established by ORS 9.025 (2)(a). A public member delegate shall serve a three-year term. A vacant public member delegate position shall be filled for the remainder of the term by a delegate appointed by the board of governors. The appointment of public member delegates shall be made by the board before the time set for the election of delegates under ORS 9.152. The term of a public member delegate shall commence on the same date that the term of an elected delegate commences. [1995 c.302 §10; 2001 c.297 §3; 2015 c.122 §3]

 

      9.148 Participation by nondelegates; referral of question for vote; petition for consideration or vote. (1) Active members of the Oregon State Bar may participate in the discussion of matters before the house of delegates, but only delegates may vote. The house of delegates may by rule impose restrictions on participation by members of the state bar who are not delegates.

      (2) The board of governors or the house of delegates, acting on its own motion, may refer to the members of the bar by ballot any question or measure considered by the board or house to be appropriate for submission to a vote of the members. Referral may be made under this subsection at any time.

      (3) Active members of the state bar, by written petition signed by at least two percent of all active members, may have placed on the agenda of a meeting of the house of delegates any question or measure appropriate for a vote of the house. The petition shall contain the full text of the question or measure proposed. The petition must be filed with the chief executive officer of the bar at least 45 days before the annual or special meeting of the house specified in the petition at the meeting when the petitioners seek to have the question or measure considered.

      (4) Active members of the state bar, by written petition signed by no fewer than five percent of all active members, may request that the board of governors submit to a vote of the members any question or measure. The board of governors shall submit the question or measure to a vote of the members of the bar if the question or measure is appropriate for a vote of the members. The initiative petition must contain the full text of the question or measure proposed. [1995 c.302 §11; 2017 c.94 §8]

      9.150 Termination of delegate’s term. The term of service of any delegate shall end upon the death or resignation of the delegate. If the delegate is an attorney delegate, the term of service shall end on the date that the delegate:

      (1) Terminates the delegate’s active membership in the Oregon State Bar for any reason;

      (2) Ceases to maintain the delegate’s principal office in the region the delegate was appointed or elected to represent;

      (3) Takes office as a member of the board of governors, as a chairperson of a state bar section or as a county bar association president; or

      (4) Is recalled pursuant to ORS 9.155. [1995 c.302 §12; 2001 c.297 §4]

 

      9.152 Election of delegates; rules. (1) The election of delegates to the house of delegates shall be held annually on a date set by the board of governors. The election shall be by ballot. Any member of the Oregon State Bar who is eligible to serve as a member for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the bar at least 30 days before the election.

      (2)(a) The bar shall distribute ballots containing the names of the candidates for the office of delegate in each region to every active member in the region. Voting must be completed on or before the day of the election. The chief executive officer shall canvass the votes and record the results of the election.

      (b) The board by rule may provide for electronic elections under paragraph (a) of this subsection. Rules adopted under this paragraph may provide for electronic distribution of election materials and electronic tabulation of votes.

      (3) In a region in which only one position is to be filled, the candidate receiving the highest vote shall be declared elected. If a region has more than one position to be filled, the candidate with the most votes received shall be declared elected, the candidate with the next highest number of votes received shall then be declared elected, and so on until all positions are filled. The balloting shall be conducted so that only eligible active members can vote, and the secrecy of the ballot shall be preserved.

      (4) Notwithstanding subsection (1) of this section, the board may not conduct an election for a region if the number of candidates for the region is equal to or less than the number of open positions for the region. If the number of candidates for the region is equal to or less than the number of open positions for the region, the board shall declare the candidate or candidates elected on a date specified by the board. [1995 c.302 §13; 2001 c.297 §5; 2003 c.192 §2; 2011 c.303 §5; 2017 c.94 §9]

 

      9.155 Recall of delegate. Upon the filing of a petition with the Oregon State Bar signed by 25 percent of the members of the bar from a region for the recall of a delegate elected from that region, the chief executive officer of the bar shall serve notice on the delegate of the filing of the petition. If the delegate does not resign within 15 days after the date that the notice is served, the chief executive officer shall distribute ballots to each member of the bar within the region. The ballots shall submit the question of whether the delegate should be recalled. If a majority of the members voting in the election vote in favor of the recall, the delegate is recalled and the position held by the delegate becomes vacant upon the chief executive officer’s declaration of the results of the election. [1995 c.302 §14; 2001 c.297 §6; 2017 c.94 §10]

 

PRACTICE OF LAW; MEMBERSHIP IN THE BAR

 

      9.160 Bar membership required to practice law; exceptions. (1) Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active member of the Oregon State Bar.

      (2) Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320.

      (3) Any employee or volunteer of the Judicial Department acting with the authorization and direction of the Chief Justice or a presiding judge of a circuit court to provide assistance to members of the public with court processes, selecting and completing court forms and legal information is not engaged in the practice of law in violation of subsection (1) of this section.

      (4) An individual licensed under ORS 696.022 acting in the scope of the individual’s license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in this state in violation of subsection (1) of this section.

      (5) A title insurer authorized to do business in this state, a title insurance agent licensed under the laws of this state or an escrow agent licensed under the laws of this state is not engaged in the practice of law in this state in violation of subsection (1) of this section if, for the purposes of a transaction in which the insurer or agent provides title insurance or escrow services, the insurer or agent:

      (a) Prepares any satisfaction, reconveyance, release, discharge, termination or cancellation of a lien, encumbrance or obligation;

      (b) Acts pursuant to the instructions of the principals to the transaction as scrivener to fill in blanks in any document selected by the principals;

      (c) Presents to the principals to the transaction for their selection any blank form prescribed by statute, rule, ordinance or other law; or

      (d) Presents to the principals to the transaction for their selection a blank form prepared or approved by a lawyer licensed to practice law in this state for one or more of the following:

      (A) A mortgage.

      (B) A trust deed.

      (C) A promissory note.

      (D) An assignment of a mortgagee’s interest under a mortgage.

      (E) An assignment of a beneficial interest under a trust deed.

      (F) An assignment of a seller’s or buyer’s interest under a land sale contract.

      (G) A power of attorney.

      (H) A subordination agreement.

      (I) A memorandum of an instrument that is to be recorded in place of the instrument that is the subject of the memorandum.

      (6) In performing the services permitted in subsection (5) of this section, a title insurer, a title insurance agent or an escrow agent may not draft, select or give advice regarding any real estate document if those activities require the exercise of informed or trained discretion.

      (7) The exemption provided by subsection (5) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (5)(b), (c) or (d) of this section unless the escrow agent provides to the principals to the transaction a notice in at least 12-point type as follows:

______________________________________________________________________________

      YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT.

______________________________________________________________________________

      (8) The exemption provided by subsection (5) of this section does not apply to any acts relating to a document or form that are performed by an escrow agent under subsection (5)(b), (c) or (d) of this section for a real estate sale and purchase transaction in which all or part of the purchase price consists of deferred payments by the buyer to the seller unless the escrow agent provides to the principals to the transaction:

      (a) A copy of any proposed instrument of conveyance between the buyer and seller to be used in the transaction;

      (b) A copy of any proposed deferred payment security instrument between the buyer and seller to be used in the transaction; and

      (c) A copy of any proposed promissory note or other evidence of indebtedness between the buyer and seller to be used in the transaction.

      (9) The notice and copies of documents that must be provided under subsections (7) and (8) of this section must be delivered in the manner most likely to ensure receipt by the principals to the transaction at least three days before completion of the transaction. If copies of documents have been provided under subsection (8) of this section and are subsequently amended, copies of the amended documents must be provided before completion of the transaction.

      (10) Failure of any person to comply with the requirements of subsections (4) to (9) of this section does not affect the validity of any transaction and may not be used as a basis to challenge any transaction. [Amended by 2003 c.260 §1; 2007 c.319 §24; 2009 c.218 §4; 2021 c.497 §11]

 

      9.162 Definitions for ORS 9.160 to 9.166. As used in ORS 9.160 to 9.166 and 9.280, unless the context or subject matter requires otherwise:

      (1) “Person” means a human being, a public body as defined by ORS 174.109, a public or private corporation, an unincorporated association, a partnership, a limited liability company or any other business entity created under law.

      (2) “Restitution” means full, partial or nominal payment of pecuniary damages to a victim.

      (3) “Victim” means any person who the court determines has suffered pecuniary damages as a result of any other person’s violation of ORS 9.160. [1987 c.860 §2; 2009 c.218 §3]

 

      9.164 Investigation of alleged violation of ORS 9.160. Upon written complaint of any person or upon its own initiative, the Board of Governors of the Oregon State Bar shall investigate any alleged violation of ORS 9.160. [1987 c.860 §3]

 

      9.166 Enjoining practicing law without a license; restitution to victim. If the board has reason to believe that a person is practicing law without a license, the board may maintain a suit for injunctive relief in the name of the Oregon State Bar against any person violating ORS 9.160. The court shall enjoin any person violating ORS 9.160 from practicing law without a license. Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. The court shall order restitution to any victim of any person violating ORS 9.160. The prevailing party may recover its costs and attorney fees in any suit for injunctive relief brought under this section in which the board is the plaintiff. [1987 c.860 §4; 2001 c.300 §57; 2003 c.260 §3; 2003 c.670 §6]

 

      9.180 Classes of membership. All persons admitted to practice law in this state thereby shall become active members of the bar. Every member shall be an active member unless, at the member’s request, or for reasons prescribed by statute, the rules of the Supreme Court, or the rules of procedure, the member is enrolled as an inactive member. An inactive member may, on compliance with the rules of the Supreme Court and the rules of procedure and payment of all required fees, again become an active member. Inactive members shall not hold office or vote, but they shall have such other privileges as the board may provide. [Amended by 1961 c.499 §1; 1979 c.252 §18]

 

      9.190 [Amended by 1957 c.271 §1; 1961 c.138 §1; part renumbered 9.200 (2); repealed by 1969 c.602 §1 (9.191 enacted in lieu of 9.190)]

 

      9.191 Annual membership fees; professional liability assessments. (1) Except as provided in subsection (2) of this section, the annual membership fees to be paid by members of the Oregon State Bar shall be established by the Board of Governors of the Oregon State Bar, and each year notice of the proposed fees for the coming year shall be published and distributed to the membership not later than 20 days before the annual meeting of the house of delegates. Any increase in annual membership fees over the amount established for the preceding year must be approved by a majority of delegates of the house of delegates voting thereon at the annual meeting of the house of delegates. The board shall establish the date by which annual membership fees must be paid.

      (2) The board shall establish prorated membership fees payable for the year that a member is admitted to the practice of law in this state. If the new member is admitted on or before the date established by the board for the payment of annual membership fees under subsection (1) of this section, the new member must pay the full annual membership fees established under subsection (1) of this section.

      (3) In establishing annual membership fees, the board shall consider and be guided by the anticipated financial needs of the state bar for the year for which the fees are established, time periods of membership and active or inactive status of members. Annual membership fees may include any amount assessed under any plan for professional liability insurance for active members engaged in the private practice of law whose principal offices are in Oregon as provided in ORS 9.080 (2). [1969 c.602 §2 (enacted in lieu of 9.190); 1973 c.21 §1; 1975 c.641 §5; 1977 c.527 §2; 1979 c.508 §3; 1985 c.486 §2; 1985 c.512 §3; 1995 c.302 §18; 1999 c.171 §7; 2001 c.104 §2; 2003 c.192 §3; 2019 c.248 §1]

 

      9.200 Effect of failure to pay membership fees; reinstatement. (1) Any member in default in payment of membership fees established under ORS 9.191 (1) or any member in default in payment of assessed contributions to a professional liability fund established under ORS 9.080 (2) shall be given written notice of delinquency and a reasonable time to cure the default. The chief executive officer of the Oregon State Bar shall send the notice of delinquency to the member at the member’s electronic mail address on file with the bar on the date of the notice. The chief executive officer shall send the notice by mail to any member who is not required to have an electronic mail address on file with the bar under the rules of procedure. If a member fails to pay the fees or contributions within the time allowed to cure the default as stated in the notice, the member is automatically suspended. The chief executive officer shall provide the names of all members suspended under this section to the State Court Administrator and to each of the judges of the Court of Appeals, circuit and tax courts of the state.

      (2) An active member delinquent in the payment of fees or contributions is not entitled to vote.

      (3) A member delinquent in the payment of fees or contributions may be assessed a late payment penalty determined by the board of governors.

      (4) A member suspended for delinquency under this section may be reinstated only on compliance with the rules of the Supreme Court and the rules of procedure and payment of all required fees or contributions. [Amended by 1957 c.271 §1; 1961 c.499 §2; subsection (2) formerly part of 9.190; 1979 c.508 §4a; 2013 c.3 §2; 2015 c.122 §5; 2017 c.94 §11]

 

      9.210 Board of bar examiners; fees of applicants for admission to bar. (1) The Supreme Court shall appoint a board of bar examiners to carry out the admissions functions of the Oregon State Bar as set forth in the bar bylaws and the rules of the Supreme Court. The composition of the board of bar examiners shall be as provided in the rules of the Supreme Court, but the board must include at least two public members.

      (2) The board shall examine applicants, investigate applicants’ character and fitness and recommend to the Supreme Court for admission to practice law those who fulfill the requirements prescribed by law and the rules of the Supreme Court.

      (3) With the approval of the Supreme Court, the board may fix and collect fees to be paid by applicants for admission, which fees shall be paid into the treasury of the bar.

      (4) Applications for admission and any other material pertaining to individual applicants are confidential and may be disclosed only as provided in the rules of the Supreme Court. The board’s consideration of an individual applicant’s qualifications is a judicial proceeding for purposes of ORS 192.610 to 192.705. [Amended by 1979 c.252 §20; 1981 c.193 §6; 2015 c.122 §6]

 

      9.220 General requirements for admission. An applicant for admission as a member of the bar must apply to the Supreme Court and show that the applicant:

      (1) Is at least 18 years old, which proof may be made by the applicant’s affidavit.

      (2)(a) Is a person of good moral character and fit to practice law.

      (b) For purposes of this section and ORS 9.025, 9.070, 9.110, 9.210, 9.250 and 9.527, the lack of “good moral character” may be established by reference to acts or conduct that reflect moral turpitude or to acts or conduct which would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation. The conduct or acts in question should be rationally connected to the applicant’s fitness to practice law.

      (3) Has the requisite learning and ability, which must be shown by the examination of the applicant, by the judges or under their direction. However, no rule shall establish any maximum on the number of times an applicant may apply for and take the bar examination whenever presented if the reason for refusing admission to practice law is failure to pass the bar examination. [Amended by 1973 c.827 §2; 1981 c.193 §7; 1983 c.373 §2; 1985 c.599 §1; 1991 c.726 §3; 1995 c.302 §21; 1999 c.171 §3; 2023 c.72 §5]

 

      9.230 [Repealed by 1981 c.193 §12]

 

      9.240 [Amended by 1961 c.499 §3; repealed by 1993 c.213 §2]

 

      9.241 Practice of law by attorneys licensed in other jurisdictions; associate membership; rules; fee. (1) Notwithstanding ORS 9.160, the Supreme Court may adopt rules to govern the appearance in judicial and administrative proceedings by attorneys who have not been admitted to practice law in this state. Subject to those rules, an attorney who has not been admitted to practice law in this state may appear as counsel for a party in an action or proceeding before a court, or may appear as counsel for a party in an administrative proceeding, if the attorney is associated with an active member of the Oregon State Bar.

      (2) Notwithstanding ORS 9.160, the Supreme Court may adopt rules pursuant to the procedures established by ORS 9.490 that allow attorneys who have not been admitted to practice law in this state to practice law in Oregon on a temporary basis, including performing transactional or prelitigation work.

      (3) Notwithstanding ORS 9.160, the Supreme Court may adopt rules pursuant to ORS 9.210 to admit individuals with substantial legal education as associate members of the Oregon State Bar without taking the examination required by ORS 9.210. An individual admitted as an associate member under this subsection must meet all character and fitness requirements under ORS 9.220.

      (4) The Supreme Court may by rule require the payment of a fee by an attorney appearing as counsel for a party in an action or proceeding before a court under the provisions of subsection (1) of this section. All amounts collected from any fee imposed by the Supreme Court under the provisions of this subsection shall be deposited with the Oregon State Bar and are continuously appropriated to the Oregon State Bar. Amounts appropriated to the Oregon State Bar under this subsection may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572 and for expenses incurred by the Oregon State Bar in the administration of the Legal Services Program and in collecting fees imposed under this subsection. [1993 c.213 §1; 2001 c.223 §1; 2003 c.260 §5; 2021 c.497 §13]

 

      9.242 Advice on law of foreign jurisdiction; rules. (1) The Supreme Court may adopt rules permitting a person licensed to practice law in a foreign jurisdiction to advise on the law of that foreign jurisdiction in Oregon without the necessity of compliance with ORS 9.160.

      (2) As used in this section, “foreign jurisdiction” means any nation, country, state, political or other entity other than any state of the United States, the District of Columbia, Puerto Rico or a United States Territory or possession. [1989 c.1052 §2]

 

      9.250 Order for admission; oath of qualified applicant. (1) If the Supreme Court finds that an applicant for admission as a member of the bar is 18 years of age or more, is of good moral character and fit to practice law, and possesses the requisite learning and ability to practice as a member, the court shall enter an order that the applicant be admitted to practice as a member. The order shall specify that admission take effect upon the applicant taking the oath required by subsection (2) of this section.

      (2) The applicant shall execute a written oath that in the practice of law the applicant will support the Constitution and laws of the United States and of this state, and be of faithful and honest demeanor in office. The applicant is entitled to practice as a member after the State Court Administrator has received the oath executed under this subsection. [Amended by 1973 c.827 §3; 1981 c.193 §8; 1989 c.1052 §6; 1991 c.726 §4; 1997 c.388 §3; 2023 c.72 §6]

 

      9.260 [Amended by 1953 c.604 §1; 1979 c.252 §21; repealed by 1989 c.1052 §7 (9.261 enacted in lieu of 9.260)]

 

      9.261 Resignation of member. (1) A member may resign from membership in the bar pursuant to rules adopted by the board under ORS 9.542. After acceptance of the resignation by the Supreme Court, the member shall not be entitled to the rights nor subject to the disabilities or prohibitions incident to membership, except that the member is still subject to the power of the court in respect to matters arising prior to the resignation.

      (2) A member who has resigned may be readmitted to practice only in compliance with rules adopted pursuant to ORS 9.542. [1989 c.1052 §8 (enacted in lieu of 9.260); 2023 c.72 §7]

 

      9.270 [Amended by 1953 c.604 §1; 1961 c.499 §4; 1971 c.193 §17; 1979 c.252 §22; repealed by 1989 c.1052 §26]

 

      9.280 Prohibition on acting as immigration consultant; definitions; exception. (1) It shall be a violation of ORS 9.160 for any person to engage in the business or act in the capacity of an immigration consultant in this state, for compensation, unless the person is an active member of the Oregon State Bar.

      (2) As used in this section, unless the context or subject matter requires otherwise:

      (a) “Immigration consultant” means any person who gives advice on an immigration matter, including but not limited to drafting an application, brief, document, petition or other paper or completing a form provided by a federal or state agency in an immigration matter.

      (b) “Immigration matter” means any proceeding, filing or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Department of Homeland Security, the United States Department of Justice, the United States Department of State or the United States Department of Labor.

      (3) This section does not apply to any person or qualified designated entity authorized by federal law to represent persons before the United States Department of Homeland Security or the United States Department of Justice. [1987 c.860 §5; 2007 c.61 §1]

 

ATTORNEY AND CLIENT RELATIONSHIP

 

      9.310 Attorney defined; counsel. An attorney is a person authorized to represent a party in the written proceedings in any action, suit or proceeding, in any stage thereof. An attorney, other than the one who represents the party in the written proceedings, may also represent a party in court, or before a judicial officer, in which case the attorney is known as counsel, and the authority of the attorney is limited to the matters that transpire in the court or before such officer at the time.

 

      9.320 Necessity for employment of attorney; effect of employment. Any action, suit, or proceeding may be prosecuted or defended by a party in person, or by attorney, except that the state or a party that is not a natural person appears by attorney in all cases, unless otherwise specifically provided by law. Where a party appears by attorney, the written proceedings must be in the name of the attorney, who is the sole representative of the client of the attorney as between the client and the adverse party, except as provided in ORS 9.310. [Amended by 1975 c.451 §171; 2015 c.7 §1]

 

      9.330 Authority of attorney. An attorney has authority to bind the attorney’s client in any of the proceedings in an action, suit or proceeding, by the attorney and client agreement, filed with the clerk or entered in the appropriate record of the court. The attorney also has authority to receive money or property claimed by the client in an action, suit or proceeding, during the pendency thereof, or within three years after judgment, and upon the payment or delivery thereof to discharge the claim or acknowledge satisfaction of the judgment. This section does not prevent a party from employing a new attorney to issue execution upon a judgment or to take other proceedings prescribed by law for its enforcement, and when the party does so, the authority of the former attorney ceases. [Amended by 1985 c.540 §23; 2003 c.576 §277]

 

      9.340 Challenge by party of attorney’s authority to appear for party. If it is alleged by a party for whom an attorney appears that the attorney does so without authority, and the allegation is verified by the affidavit of the party, the court may, if it finds the allegation true, at any stage of the proceedings relieve the party for whom the attorney has assumed to appear from the consequences of the attorney’s acts.

 

      9.350 Challenge of attorney’s authority to appear for adverse party. The court or judge thereof may, on motion of either party and on showing reasonable grounds therefor, require the attorney for an adverse party to prove the authority under which the attorney appears, and until the attorney does so, may stay all proceedings by the attorney on behalf of the party for whom the attorney assumes to appear.

 

      9.360 Compelling delivery by attorney of money or papers. When an attorney refuses to deliver over money or papers to a person from whom or for whom the attorney has received them in the course of professional employment, the attorney may be required by an order of the court in which a judicial proceeding was prosecuted or defended, or if none were prosecuted or defended, then by an order of the circuit court or judge thereof for the county where such attorney resides or may be found, to do so within a specified time, or show cause why the attorney should not be punished for a contempt.

 

      9.370 Compelling delivery when attorney claims lien. If an attorney claims a lien, under the provisions of ORS 87.430, upon the money or papers subject to delivery under ORS 9.360, the court shall:

      (1) Impose, as a condition of making the order, the requirement that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action or suit;

      (2) Summarily inquire into the facts on which the claim of a lien is founded, and determine the same; or

      (3) Direct the trial of the controversy by a jury, or refer it, and upon the verdict or report, determine the same as in other cases. [Amended by 1975 c.648 §70; 1991 c.67 §2; 2003 c.14 §9]

 

      9.380 Changing attorneys and terminating attorney-client relationship. (1) The attorney in an action or proceeding may be changed, or the relationship of attorney and client terminated, as follows:

      (a) Before judgment or final determination, upon the consent of the attorney filed with the clerk or entered in the appropriate record of the court; or

      (b) At any time, upon the order of the court, based on the application of the client or the attorney, for good and sufficient cause.

      (2) The relationship of attorney and client may be terminated after the entry of a judgment or other final determination in an action or proceeding by the filing of a notice of termination of the relationship in the action or proceeding. The notice must be signed by the attorney and must state that all services required of the attorney under the agreement between the attorney and the client have been provided. [Amended by 1985 c.540 §24; 2003 c.576 §278; 2011 c.60 §1]

 

      9.390 Notice of change or termination. When an attorney is changed, or the relationship of attorney and client is terminated, as provided in ORS 9.380, written notice of the change or termination shall be given to the adverse party. Until the notice is given, the adverse party is bound to recognize the former attorney. [Amended by 2011 c.60 §2]

      9.400 [1987 c.774 §8; renumbered 20.340 in 1997]

 

PROFESSIONAL CONDUCT

 

      9.460 Duties of attorneys. An attorney shall:

      (1) Support the Constitution and laws of the United States and of this state;

      (2) Employ, for the purpose of maintaining the causes confided to the attorney, such means only as are consistent with truth, and never seek to mislead the court or jury by any artifice or false statement of law or fact;

      (3) Maintain the confidences and secrets of the attorney’s clients consistent with the rules of professional conduct established pursuant to ORS 9.490; and

      (4) Never reject, for any personal consideration, the cause of the defenseless or the oppressed. [Amended by 1989 c.1052 §9; 1991 c.726 §5]

 

      9.470 [Repealed by 1965 c.353 §2]

 

      9.480 [Amended by 1965 c.353 §1; 1981 c.193 §9; renumbered 9.527]

 

      9.490 Formulation of rules of professional conduct; prohibition on certain sanctions for violation of rule. (1) The board of governors, with the approval of the house of delegates given at any regular or special meeting, shall formulate rules of professional conduct for attorneys, and when such rules are adopted by the Supreme Court, shall have power to enforce the same. Such rules shall be binding upon all attorney members of the bar.

      (2) A court of this state may not order that evidence be suppressed or excluded in any criminal trial, grand jury proceeding or other criminal proceeding, or order that any criminal prosecution be dismissed, solely as a sanction or remedy for violation of a rule of professional conduct adopted by the Supreme Court. [Amended by 1995 c.302 §19; 1995 c.708 §2; 2023 c.72 §8]

 

PROHIBITED CONDUCT

 

      9.500 Solicitation of personal injury business by nonlawyer. No person shall solicit within the state any business on account of a claim for personal injuries to any person, or solicit any litigation on account of personal injuries to any person within the state, and any contract wherein any person not an attorney agrees to recover, either through litigation or otherwise, any damages for personal injuries to any person shall be void.

 

      9.505 Payment for referring claims resulting from personal injury or death. No person shall offer or promise payment of money or other consideration, or accept any offer or promise of payment of money or other consideration, nor shall any person pay or accept money or other consideration, for referring to an attorney any claim for damage resulting from personal injury or death. [1961 c.561 §1]

 

      9.510 Solicitation by attorneys. No attorney shall solicit business at factories, mills, hospitals or other places, or retain members of a firm or runners or solicitors for the purpose of obtaining business on account of personal injuries to any person, or for the purpose of bringing damage suits on account of personal injuries.

 

      9.515 Referral of claims, suits or actions between members; division of fees. (1) Nothing contained in ORS 9.505 shall prevent referral of claims, suits or actions between members of the bar.

      (2) The provisions of ORS 9.505 shall not prohibit the referral of claims, suits or actions between members of the bar or the dividing of fees for legal services with another member consistent with the rules of professional conduct adopted pursuant to ORS 9.490. [1961 c.561 §§2,3; 1989 c.1052 §10; 2023 c.72 §9]

 

      9.520 Acceptance and prosecution of solicited claims. No attorney shall accept from a solicitor described in ORS 9.500 any claim for damages, or bring an action for damages on account of any claim obtained from such solicitor. Any agreement between an attorney and such solicitor regarding compensation to be paid to the attorney or solicitor is void.

 

      9.525 [1975 c.641 §8; repealed by 1983 c.618 §1]

 

BAR DISCIPLINARY PROCEEDINGS

 

      9.527 Grounds for disbarment, suspension or reprimand. The Supreme Court may disbar, suspend or reprimand a member of the bar whenever, upon proper proceedings for that purpose, it appears to the court that:

      (1) The member has committed an act or carried on a course of conduct of such nature that, if the member were applying for admission to the bar, the application should be denied;

      (2) The member has been convicted in any jurisdiction of an offense which is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States, in any of which cases the record of the conviction shall be conclusive evidence;

      (3) The member has willfully disobeyed an order of a court requiring the member to do or forbear an act connected with the legal profession;

      (4) The member is guilty of willful deceit or misconduct in the legal profession;

      (5) The member is guilty of willful violation of any of the provisions of ORS 9.460 or 9.510;

      (6) The member is guilty of gross or repeated negligence or incompetence in the practice of law; or

      (7) The member has violated any of the provisions of the rules of professional conduct adopted pursuant to ORS 9.490. [Formerly 9.480; 1989 c.1052 §11]

 

      9.528 Advice on conducting covert operations; participation in covert operations. (1) Notwithstanding ORS 9.527 (4), the attorneys listed in subsection (2) of this section:

      (a) May provide legal advice and direction to the officers and employees of a public body, as defined in ORS 192.311, or to the officers and employees of the federal government, on conducting covert activities for the purpose of enforcing laws, even though the activities may require the use of deceit or misrepresentation; and

      (b) May participate in covert activities that are conducted by public bodies, as defined in ORS 192.311, for the purpose of enforcing laws, or in covert activities that are conducted by the federal government for the purpose of enforcing laws, even though the participation may require the use of deceit or misrepresentation.

      (2) The provisions of this section apply to the Attorney General, the Deputy Attorney General, assistant attorneys general, district attorneys, deputy district attorneys and any other attorney employed by, or working on behalf of, a public body, as defined in ORS 192.311, or the federal government. [2001 c.667 §2]

 

      9.529 Status of proceedings relating to discipline, admission or reinstatement. Bar proceedings relating to discipline, admission and reinstatement are neither civil nor criminal in nature. They are sui generis and within the inherent power of the Supreme Court to control. The grounds for denying any applicant admission or reinstatement or for the discipline of members set forth in ORS 9.005 to 9.757 are not intended to limit or alter the inherent power of the Supreme Court to deny any applicant admission or reinstatement to the bar or to discipline a member of the bar. [1983 c.618 §3; 1997 c.249 §9; 2023 c.72 §10]

 

      9.530 [Repealed by 1965 c.353 §2]

 

      9.532 State professional responsibility board. The Supreme Court shall appoint a state professional responsibility board to institute disciplinary proceedings of the Oregon State Bar against members of the bar, as provided in the bar bylaws and the rules of the Supreme Court. [1983 c.618 §4; 2017 c.524 §1]

 

      9.534 Disciplinary board; procedure before board; oaths; subpoenas; hearing; record. (1) The Supreme Court shall appoint a disciplinary board, which may include one or more professional adjudicators as set forth in the rules of the Supreme Court and the Oregon State Bar bylaws, to adjudicate disciplinary proceedings of the bar.

      (2) A member, formally accused of misconduct by the bar, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to examine and cross-examine witnesses. The member has the right to appear and testify, and the right to the issuance of subpoenas for attendance of witnesses and the production of books, papers or documents in the defense of the member.

      (3) Rules of evidence and discovery in disciplinary proceedings shall be as provided in the rules of procedure.

      (4)(a) The disciplinary board has the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the accused member, and the production of books, papers and documents pertaining to the matter before the disciplinary board.

      (b) A witness in a disciplinary proceeding who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to paragraph (a) of this subsection may be enforced by application to any circuit court.

      (c) Any member of the disciplinary board may administer oaths or affirmations and issue any subpoena provided for in paragraph (a) of this subsection.

      (5) The hearing before the disciplinary board shall be held in the county in which the member charged maintains an office for the practice of law, the county in which the member resides, or the county in which the offense is alleged to have been committed. With the consent of the member, the hearing may be held elsewhere in the state.

      (6) A record of all hearings shall be made and preserved by the disciplinary board. [1983 c.618 §5; 2017 c.524 §2]

 

      9.535 [1975 c.641 §9; 1979 c.450 §1; repealed by 1983 c.618 §1]

 

      9.536 Disciplinary board decision; appeal to Supreme Court; review; costs. (1) Upon the conclusion of a hearing, the disciplinary board shall file with the State Court Administrator a written decision in the matter. The Oregon State Bar or the accused may seek review of the decision by the Supreme Court. Such review shall be a matter of right upon the request of either party. Otherwise, the decision of the disciplinary board shall be final. The procedure for seeking discretionary review and on review shall be as provided in the rules of procedure.

      (2) When a matter is before the Supreme Court for review, the court shall consider the matter de novo and may adopt, modify or reject the decision of the disciplinary board in whole or in part and thereupon enter an appropriate order.

      (3) The Supreme Court, or the disciplinary board in cases where its decision has become final, may award judgment in any bar proceeding for all or part of a party’s actual and necessary costs and disbursements incurred. The procedures for recovery of such costs and disbursements shall be the same as in civil cases.

      (4) The State Court Administrator shall enter any judgment for costs and disbursements in the records of the Supreme Court and shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the member or applicant resides or maintains an office for the practice of law or other business. If a judgment for costs and disbursements is entered against the bar, the State Court Administrator shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the bar maintains its principal place of business. On receipt of a certified copy of the judgment, the clerk of the circuit court shall file it and cause it to be entered in the circuit court register. Such judgment shall thereafter have the same force and effect, may be enforced by execution in the same manner, may be extended in the same manner and, upon payment, shall be satisfied in the same manner as other judgments entered in circuit court. [1983 c.618 §6; 1985 c.540 §25; 1991 c.790 §2; 1997 c.149 §1; 2003 c.192 §4; 2003 c.576 §175]

 

      9.537 Civil immunity of witnesses, bar officials and employees. (1) Any person who has made a complaint to the bar concerning the conduct of a member, or who has given information or testimony in or relative to a proposed or pending admission, reinstatement or disciplinary proceeding is absolutely immune from civil liability for any such acts.

      (2) The Oregon State Bar and its officers, the members of the state professional responsibility board, the board of bar examiners, the board of governors and the disciplinary board, bar counsel, investigators, disciplinary monitors, mentors and employees of the bar are absolutely immune from civil liability in the performance of their duties relative to proposed or pending admission, professional licensing requirements, reinstatement or disciplinary proceedings. [1983 c.618 §7; 2017 c.524 §3; 2023 c.72 §11]

 

      9.539 Application to admission and reinstatement proceedings. ORS 9.534 and 9.536 apply to admission and reinstatement proceedings to the extent provided in the rules of procedure. However, the Supreme Court shall review the decisions of the disciplinary board in all such matters. [1983 c.618 §8]

 

      9.540 [Amended by 1961 c.499 §5; 1971 c.193 §18; repealed by 1973 c.490 §1 (9.541 enacted in lieu of 9.540)]

 

      9.541 [1973 c.490 §2 (enacted in lieu of 9.540); repealed by 1975 c.641 §13]

 

      9.542 Rules for investigation of members and applicants; authority of board of governors to require fingerprints. (1) The board of governors, subject to the approval of the Supreme Court, may adopt rules of procedure relating to the investigation of the conduct of members and applicants for admission and reinstatement to the bar, and relating to the conduct of admission, reinstatement and disciplinary proceedings.

      (2) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the board of governors may require the fingerprints of a person who is applying for admission or reinstatement to the bar or for renewal of a license issued by the bar. [1983 c.618 §9; 2005 c.730 §56; 2023 c.72 §12]

 

      9.545 [1983 c.617 §2 (enacted in lieu of 9.595); 1999 c.171 §1; renumbered 9.568 in 1999]

 

      9.550 [Amended by 1961 c.499 §6; 1973 c.490 §3; 1975 c.641 §6; 1979 c.252 §23; repealed by 1983 c.618 §1]

 

      9.555 Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions. (1) Upon commencement of any action in which the bar is a plaintiff, the bar shall mail a copy of the complaint by certified or registered mail, return receipt requested, to the Attorney General and shall file proof of such mailing with the court.

      (2) When the bar is served with summons and complaint in an action in which the bar is named as a defendant, the bar shall give notice to the Attorney General by mailing a copy of the summons and complaint to the Attorney General by certified or registered mail, return receipt requested, within five working days of the date of service on the bar.

      (3) The notice provisions of subsections (1) and (2) of this section shall not apply to matters involving admission of any applicant to the bar, discipline or reinstatement of a member of the bar or claims made against a member of the bar for which the professional liability fund of the bar may be obligated to pay money damages under ORS 9.080 (2). [1985 c.446 §3]

 

      9.560 [Amended by 1963 c.106 §1; 1973 c.490 §4; 1975 c.641 §7; 1979 c.252 §24; repealed by 1983 c.618 §1]

 

      9.565 Tax return information from Department of Revenue; use. (1) The Department of Revenue may provide to the Oregon State Bar the name and address of any person admitted to practice law in this state if the department has reasonable grounds to believe that:

      (a) The person admitted to practice law prepared a return or report for another person that is filed with the department and the return or report was prepared in violation of any provision of ORS 9.460 to 9.542 or 9.705 to 9.757 or the disciplinary rules adopted thereunder;

      (b) The person admitted to practice law failed to file a required return, the person has not filed an appeal contesting the tax with the department by the filing deadline and the department has been unable to obtain payment of the tax through other methods of collection;

      (c) The person admitted to practice law failed to withhold or remit personal income taxes on behalf of an employee of an entity, the person has been held liable for the failure under ORS 316.207, the person has not filed an appeal contesting the tax with the department by the filing deadline and the department has been unable to obtain payment of the tax through other methods of collection; or

      (d) The person admitted to practice law failed to withhold or remit personal income taxes on behalf of an employee of an entity in which the person has a direct ownership interest, the person has not filed an appeal contesting the tax with the department by the filing deadline and the department has been unable to obtain payment of the tax through other methods of collection.

      (2) If the department provides the name and address of a person admitted to practice law under subsection (1) of this section, the department shall also provide to the bar a statement of the basis of the department’s belief that a violation may have occurred.

      (3) If the department provides the name and address of a person admitted to practice law under subsection (1) of this section with regard to a return or report prepared for a person other than the person admitted to practice law, or with regard to a failure to withhold and remit personal income taxes withheld, the department may also provide to the bar the name and address of the taxpayer.

      (4) The bar and any person or board described in ORS 9.537 (2) shall use the names, addresses and other information provided under this section solely in the enforcement of ORS 9.460 to 9.542 or 9.705 to 9.757 or the disciplinary rules adopted thereunder. Information disclosed by the department pursuant to this section may be used in any bar proceeding relating to discipline or admission or reinstatement of any person to the bar.

      (5) Information disclosed by the department pursuant to this section is confidential and not subject to disclosure by the bar unless the state professional responsibility board appointed under ORS 9.532 has found probable cause of a rule violation or the matter investigated is finally resolved by disciplinary board action, a diversion or agreement or an order of the Supreme Court. [1985 c.602 §10; 1999 c.171 §2; 2017 c.524 §4; 2019 c.248 §2]

 

MEMBER ASSISTANCE

 

      9.568 State lawyers assistance committee; personal and practice management assistance committees; rules; confidentiality; civil immunity. (1)(a) The board of governors of the Oregon State Bar may create a state lawyers assistance committee for the purpose of implementing a members assistance program and, pursuant thereto, authorize the state lawyers assistance committee to investigate and resolve complaints or referrals regarding members whose performance or conduct may impair their ability to practice law or their professional competence.

      (b) The board may adopt rules for the operation of the state lawyers assistance committee.

      (c) The purpose of the state lawyers assistance committee is the provision of supervision and assistance to those members whose performance or conduct may impair their ability to practice law or their professional competence.

      (2)(a) In addition to the state lawyers assistance committee created under subsection (1) of this section, the board may create personal and practice management assistance committees to provide assistance to members who are suffering from impairment or other circumstances that may adversely affect professional competence or conduct. Personal and practice management assistance committees may also provide advice and training to members in practice management.

      (b) The board may adopt rules governing the provision of assistance to members by personal and practice management assistance committees.

      (c) The purpose of a personal and practice management assistance committee is the provision of completely confidential assistance, advice and training to members in a manner that fosters maximum openness in communications between a member and the committee and that encourages a member to seek assistance from the committee.

      (3) Any information provided to or obtained by the state lawyers assistance committee or any personal and practice management assistance committee, or provided to or obtained by any agent of those committees, is:

      (a) Confidential;

      (b) Exempt from the provisions of ORS 192.311 to 192.478;

      (c) Not discoverable or admissible in any civil proceeding without the written consent of the member to whom the information pertains; and

      (d) Not discoverable or admissible in any disciplinary proceeding except to the extent provided by rules of procedure adopted pursuant to ORS 9.542.

      (4) The limitations placed on the disclosure and admissibility of information in this section shall not apply to information relating to a member’s noncooperation with the state lawyers assistance committee or any agent of the committee, or to information otherwise obtained by the bar from any other source.

      (5) The board may authorize the state lawyers assistance committee to act as the monitor or supervisor for members placed on probation or in diversion in connection with a disciplinary investigation or proceeding, or who have been conditionally admitted or reinstated to the practice of law. Any information provided to or obtained by the state lawyers assistance committee when the committee acts as a monitor or supervisor under the provisions of this subsection is not subject to subsection (3) of this section.

      (6) All meetings of the state lawyers assistance committee and the personal and practice management assistance committees are exempt from the provisions of ORS 192.610 to 192.705.

      (7) Any person who makes a complaint or referral to the bar as to the competence of a member or provides information or testimony in connection with the state lawyers assistance committee or any personal and practice management assistance committee is not subject to an action for civil damages as a result thereof.

      (8) With respect to their acts in connection with the state lawyers assistance committee or any personal and practice management assistance committee, the same privileges and immunities from civil and criminal proceedings that apply to prosecuting and judicial officers of the state shall apply to the board, all officers and employees of the bar, and the members of the committees and their agents.

      (9) For the purposes of this section, agents of the state lawyers assistance committee or a personal and practice management assistance committee include investigators, attorneys, associate members licensed to practice law, counselors, staff personnel and any other individual or entity acting on behalf of or at the request of the committees. [Formerly 9.545; 2005 c.347 §3; 2023 c.72 §13]

 

      9.570 [Repealed by 1983 c.618 §1]

 

LEGAL SERVICES PROGRAM

 

      9.572 Bar to establish Legal Services Program; director; advisory and technical committees. (1) The Oregon State Bar shall by rule establish a Legal Services Program. The program shall provide standards and guidelines for legal service providers receiving funding from the program. The rules shall also provide methods for evaluating legal service providers. Funding received under the program may be used only for the provision of legal services to the poor without charge and for expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.

      (2) The Oregon State Bar shall appoint a director of the Legal Services Program established under this section. The bar shall prescribe the duties of the director and fix the salary of the director.

      (3) The Oregon State Bar may establish any advisory or technical committees it deems necessary to advise the bar in establishing and operating the Legal Services Program. [1997 c.801 §73; 2011 c.595 §99]

 

      9.574 [1997 c.801 §72; 2003 c.737 §98; repealed by 2011 c.595 §97a]

 

      9.576 Review of providers; mediation; hearing; suspension of funding. (1) The director of the Legal Services Program appointed under ORS 9.572 shall periodically review legal service providers who receive funding from the program. If the director determines that there are reasonable grounds to believe that a provider is not in substantial compliance with the standards and guidelines adopted under ORS 9.572, the director shall negotiate with the provider in an attempt to bring the program into compliance.

      (2) If the director of the Legal Services Program is unable to negotiate satisfactory compliance with the standards and guidelines of the program established by the Oregon State Bar under ORS 9.572, the director shall give the provider 30 days in which to bring the program into compliance. If the director concludes that the program is not in compliance at the end of the 30-day period, the matter shall be submitted to mediation. The director and the provider shall jointly select a mediator. If the director and provider are unable to select a mediator within 15 days after the expiration of the 30-day period, any presiding judge for a judicial district may appoint a mediator upon the petition of the director.

      (3) If mediation under subsection (2) of this section fails to produce a resolution of the matter, the director shall give the provider notice that a hearing will be held not sooner than 30 days after the date the notice is given. If, after hearing, the director determines that the provider is not in compliance with the standards and guidelines of the program and that the provider has failed to show satisfactory progress toward achieving compliance, the director shall suspend further funding of the program until such time as the provider makes a showing of compliance. [1997 c.801 §74; 2011 c.595 §100]

 

      9.577 [2011 c.595 §3a; repealed by 2019 c.643 §13]

 

      9.578 Funding sources. The Oregon State Bar may apply for, accept and expend moneys from any public or private source, including the federal government, made available for the purpose of establishing or funding legal service programs in Oregon. [1997 c.801 §75]

 

      9.580 [Repealed by 1983 c.618 §1]

 

      9.582 Use of amounts not paid to class members in class action lawsuits. All amounts paid or delivered to the Oregon State Bar under ORCP 32 O are continuously appropriated to the Oregon State Bar, and may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572. [2015 c.2 §4]

 

      Note: 9.582 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 9 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      9.590 [Repealed by 1953 c.609 §2]

 

      9.595 [1981 c.193 §11; repealed by 1983 c.617 §1 (9.545 enacted in lieu of 9.595)]

 

      9.600 [Repealed by 1953 c.609 §2]

 

      9.610 [Repealed by 1953 c.609 §2]

 

CLIENT SECURITY FUND

 

      9.615 Definition for ORS 9.615 to 9.665. As used in ORS 9.615 to 9.665, “client security fund” means a fund created under ORS 9.625. [1967 c.546 §2]

 

      9.620 [Repealed by 1953 c.609 §2]

 

      9.625 Plan to relieve client losses; rules. The board of governors may adopt a plan to relieve or mitigate pecuniary losses to the clients of active members caused by dishonest conduct of those members in their practice of law. The plan may provide for establishing, administering and dissolving a separate fund and for payments from that fund to reimburse losses and costs and expenses of administering the fund. The board may adopt rules of procedure to carry out the plan. The insurance laws of the state shall not apply to this fund. [1967 c.546 §3; 1975 c.641 §10; 1989 c.1052 §12]

 

      9.630 [Repealed by 1953 c.609 §2]

 

      9.635 Sources of client security fund. A client security fund may include:

      (1) Transfers by the board of governors from other funds of the state bar;

      (2) Voluntary contributions and payments by members under ORS 9.645;

      (3) Claims recovered under ORS 9.665; and

      (4) Income from investments of the fund. [1967 c.546 §4]

 

      9.640 [Repealed by 1953 c.609 §2]

 

      9.645 Annual payment by state bar members. To establish and maintain a client security fund, the board of governors may require an annual payment by each active member of the state bar. The payment authorized by this section shall be due at the same time, and enforced in the same manner, as payment of the annual membership fee. [1967 c.546 §5; 1975 c.641 §11; 1979 c.314 §1; 1983 c.122 §1; 1989 c.1052 §25; 1991 c.726 §6]

 

      9.650 [Repealed by 1953 c.609 §2]

 

      9.655 Investigation of claim of loss; subpoena. (1) Upon the filing of a claim, verified under oath, by a client claiming a pecuniary loss payable from the client security fund, the board of governors or its designated representative shall determine if the person named in the claim as the member whose dishonest conduct caused the loss was an active member of the Oregon State Bar engaged in the practice of law in Oregon at the time of the transaction out of which the claim arose and whether the transaction arose out of the person’s practice of law in Oregon. The board or designated representative shall then determine whether the loss was caused by the person’s dishonest conduct and if the person:

      (a) Has been found guilty of a crime arising out of the dishonest conduct;

      (b) In the case of a claim of loss of $5,000 or less, has been disbarred, suspended or reprimanded in disciplinary proceedings or has resigned from the bar due to circumstances arising out of the dishonest conduct; or

      (c) Is a judgment debtor under the money award portion of a judgment entered in favor of the client in a proceeding arising out of the dishonest conduct, and execution issued on the judgment has been returned uncollected or issuance of execution would be a useless act.

      (2) At any time after a claim is filed by a client claiming a pecuniary loss payable from the client security fund, the board or the board’s representative may compel by subpoena the person named in the claim as the member whose dishonest conduct caused the loss, or any other person having knowledge of the matter, to appear for the purpose of giving testimony, and may compel by subpoena the production of records and documents pertinent to the claim. The subpoena shall have the same force and effect as in a civil action in the circuit court, and may be enforced by order of the circuit court for the county in which the person was served. [1967 c.546 §6; 1975 c.641 §12; 1979 c.383 §1; 1989 c.1052 §13; 2003 c.576 §279; 2005 c.347 §4; 2007 c.59 §1; 2023 c.72 §14]

 

      9.657 Immunity from civil liability. (1) Any person who has made a claim with the client security fund committee of the bar concerning a loss allegedly caused by the intentional dishonest conduct of a member representing the person, or who has given information to the bar relative to a client security fund claim or award shall be absolutely immune from civil liability for such acts.

      (2) The Oregon State Bar, its officers, the members of the client security fund committee, the board of governors, bar counsel, investigators and employees of the bar shall be absolutely immune from civil liability in the performance of their duties relative to client security fund claims or awards. [1989 c.1052 §4; 2021 c.497 §2; 2023 c.72 §15]

 

      9.660 [Repealed by 1953 c.609 §2]

 

      9.665 Authority for reimbursement of client; waiver of conditions; subrogation for amount paid. (1) Except as provided in this section, reimbursement from the client security fund is discretionary with the board of governors.

      (2) The board shall not authorize payment unless the conditions of ORS 9.655 (1) have been found to exist. However, the board may, in its sole discretion, waive one or more of the conditions of ORS 9.655 (1) in cases of extreme hardship or special and unusual circumstances. The state bar is subrogated, in the amount that a client’s claim is reimbursed from the client security fund, to all rights and remedies of that client against the member whose dishonest conduct caused the loss, against the estate of the member or against any other person liable for the loss. [1967 c.546 §7; 1989 c.1052 §14; 1991 c.726 §7; 2003 c.14 §10; 2023 c.72 §16]

 

      9.670 [Repealed by 1953 c.609 §2]

 

LAWYER TRUST ACCOUNTS

 

      9.675 Mandatory certification and disclosures for lawyer trust accounts. (1) An active member of the Oregon State Bar shall certify annually to the bar whether the member maintains any lawyer trust accounts in Oregon. If a member maintains one or more lawyer trust accounts, the member must disclose the financial institution in which each account is held and the account number for each account. The chief executive officer of the bar shall prescribe a form and due date for the certification and disclosures required by this section.

      (2) If a member does not file the certification and disclosures required by this section by the due date prescribed under subsection (1) of this section, the chief executive officer shall give the member written notice of default and prescribe a reasonable time to cure the default. The chief executive officer shall send the notice of default to the member at the member’s electronic mail address on file with the bar on the date of the notice of default. The chief executive officer shall send the notice of default by mail to any member who is not required to have an electronic mail address on file with the bar under the rules of procedure. If a member does not file the certification and disclosures required by this section within the time allowed to cure the default as stated in the notice of default, the person’s membership in the bar is automatically suspended. The chief executive officer shall provide the names of all persons suspended under this section to the judges of the circuit courts, the Court of Appeals and the Oregon Tax Court.

      (3) A person suspended under this section may be reinstated to membership in the bar only if the person pays all required fees and contributions and complies with all rules of procedure and rules of the Supreme Court relating to reinstatement. [2011 c.304 §2; 2013 c.3 §3; 2017 c.94 §12; 2019 c.248 §3]

 

      9.680 [Repealed by 1953 c.609 §2]

 

      9.685 Trust account overdraft notification program. (1) Subject to the requirements of ORS 9.490, the Supreme Court may establish a trust account overdraft notification program for members.

      (2) The board of governors may adopt regulations for the administration of a trust account overdraft notification program established under this section. Regulations adopted under this subsection are binding upon all members of the bar only after those regulations are approved by the Supreme Court. [Formerly 9.132; 2023 c.72 §17]

 

      9.688 Circuit court jurisdiction to determine entitlement to property in lawyer trust account. A circuit court has jurisdiction to determine who is entitled to property contained in a lawyer trust account during a probate of a deceased member’s estate. [2021 c.497 §10; 2023 c.72 §18]

 

      9.690 [Repealed by 1953 c.609 §2]

 

SEARCH OR SEIZURE OF LEGAL FILES OR PREMISES

 

      9.695 Status of files or work premises of member; inadmissibility of evidence subject to search or seizure. (1) Notwithstanding ORS 133.535, the files, papers, effects or work premises of a member relating to the provision of legal service by the member shall not be subject to search or seizure by any law enforcement officer, either by search warrant or otherwise.

      (2) The provisions of subsection (1) of this section do not apply where there is probable cause to believe that the member has committed, is committing or is about to commit a crime.

      (3) As used in this section, “member” means a member or associate member of the Oregon State Bar or a person licensed to practice law in any court of this state or any court of record of the United States or of any state, territory or other jurisdiction of the United States.

      (4) Evidence or the fruits thereof obtained in violation of this section shall be inadmissible in any criminal or civil action or proceeding, except for an action or suit brought for violation of this section or the rights protected thereby. [1981 c.908 §1; 2023 c.72 §19]

 

      9.700 [Repealed by 1953 c.609 §2]

 

ASSUMING PRACTICE OF NONPERFORMING MEMBER

 

      9.705 Definitions for ORS 9.705 to 9.757. As used in ORS 9.705 to 9.757:

      (1) “Affected member” means a member or former member of the Oregon State Bar whose law practice is placed within the jurisdiction of the court under ORS 9.720 or as to whom a petition has been filed to place such law practice within the jurisdiction of the court under ORS 9.715.

      (2) “Law practice” means a practice conducted by an individual, a partnership or a professional corporation. [1979 c.252 §2; 1985 c.512 §4; 1989 c.1052 §15; 2015 c.6 §1; 2023 c.72 §20]

 

      9.710 Jurisdiction of circuit court over law practice of nonperforming member. The circuit court of the county in which a member engaged in the practice of law in this state maintains or has maintained a principal office has jurisdiction as provided in ORS 9.705 to 9.757 whenever the member has died, is disbarred or suspended from the active practice of law, is incarcerated or has abandoned the practice and:

      (1) The member failed to make arrangements for the orderly suspension or termination of the law practice of the member; or

      (2) A duly appointed personal representative or other person assisting with the suspension or termination of the law practice is unable to adequately protect the interests of the member’s clients. [1979 c.252 §3; 1985 c.512 §5; 1989 c.1052 §16; 2015 c.6 §2; 2023 c.72 §21]

 

      9.715 Petition to take jurisdiction over law practice. (1) When the Oregon State Bar or an attorney determines that one of the circumstances listed in ORS 9.710 exists, the bar or the attorney may petition the court ex parte to take immediate jurisdiction over the affected member’s law practice as provided in ORS 9.705 to 9.757.

      (2) When an attorney files a petition under subsection (1) of this section, the attorney shall provide notice to the Oregon State Bar. [1979 c.252 §4; 1985 c.512 §6; 1989 c.1052 §17; 1991 c.249 §2; 2015 c.6 §3; 2021 c.497 §3; 2023 c.72 §22]

 

      9.720 Court taking jurisdiction over law practice. If the court finds that it has jurisdiction and finds that the assumption of such jurisdiction is necessary in order to protect the interest of the clients of the affected member or to protect the public interest, the court may, by appropriate order, immediately take jurisdiction over the law practice of the affected member to the extent the court determines is necessary. The exercise of jurisdiction may extend only to the affected member’s lawyer trust account or may include all legal files, clients’ trust funds, clients’ property and all books, records, funds and property used in the law practice of the affected member. [1979 c.252 §5; 2015 c.6 §4; 2023 c.72 §23]

 

      9.722 [1997 c.135 §2; repealed by 2015 c.6 §5]

 

      9.725 Appointment of bar or attorney as custodian of law practice; duties of custodian, court and financial institution. (1) If the court assumes jurisdiction under ORS 9.705 to 9.757, it shall appoint the Oregon State Bar or, if the bar declines the appointment, an attorney, to act as custodian of the law practice of the affected member. Immediately upon appointment, the bar shall take possession and control of all property over which the court assumed jurisdiction. The court may order the bar or the appointed attorney to do one or more of the following:

      (a) Examine the files and records of the law practice and obtain information as to any pending matters which may require attention;

      (b) Notify persons and entities who appear to be clients of the affected member that the court has assumed jurisdiction and inform such persons that it may be in their best interest to obtain other legal counsel;

      (c) Apply for extensions of time pending employment of other counsel by the client;

      (d) File notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained;

      (e) Give notice to appropriate persons and entities who may be affected, other than clients, that the court has assumed jurisdiction;

      (f) Arrange for the surrender or delivery of clients’ papers or property; and

      (g) Do such other acts as the court may direct to carry out the purposes of ORS 9.705 to 9.757.

      (2) The court has jurisdiction over that portion of the files, records and property of the affected member for the purposes of ORS 9.705 to 9.757 as established in the order, and may make all orders necessary or appropriate to protect the interest of the affected member, the clients of the affected member and the public.

      (3) Any financial institution holding funds in a lawyer trust account of the affected member shall release the funds to the bar or the appointed attorney upon presentment of a copy of the order appointing the custodian. The bar or the appointed attorney shall determine the ownership of the funds in the lawyer trust account and distribute the funds as directed by the interested client. Any funds for which ownership cannot be determined or for whom the owner cannot be located shall be turned over to the bar or the appointed attorney as provided in ORS 98.302 to 98.436.

      (4) The court may not charge a filing fee for filing a petition under ORS 9.715. [1979 c.252 §6; 1985 c.512 §7; 1989 c.1052 §18; 2015 c.6 §6; 2021 c.497 §4; 2023 c.72 §24]

 

      9.727 Service of order of custodianship. The Oregon State Bar or an attorney appointed as custodian of a law practice under ORS 9.725 shall serve a copy of an order appointing the custodian on the affected member or any person assisting in the suspension or termination of the affected member’s practice. The bar or appointed attorney shall serve the copy of the order by regular mail to the last-known address of the affected member in the records of the bar or to a duly appointed fiduciary at the address provided in an official filing. The affected member or assisting person may, within 10 days of the service, request a hearing to challenge the order. After the hearing, the court may vacate or modify the custodianship order as the court finds appropriate. [2015 c.6 §9; 2021 c.497 §5; 2023 c.72 §25]

 

      9.730 Assistance by professional liability fund and other members. After appointment as custodian of a law practice under ORS 9.725, the Oregon State Bar may engage the services of the Oregon State Bar Professional Liability Fund created under ORS 9.005 to 9.757 or any active member of the bar to assist in the performance of the bar’s duties as custodian. Acts performed by a member of the bar in assisting the custodian do not constitute acceptance of employment by any client of the affected member. [1979 c. 252 §9; 1985 c.512 §8; 1989 c.1052 §19; 2015 c.6 §7; 2023 c.72 §26]

 

      9.735 Compensation of custodian. The court shall enter a judgment awarding reasonable compensation and expenses to the Oregon State Bar or an attorney appointed under ORS 9.725 for acting as custodian under ORS 9.705 to 9.757. The judgment shall be against the affected member or the estate of the affected member. The judgment is a lien upon all nontrust funds, office furnishings, supplies, equipment, library and other personal property used in the law practice of the affected member retroactive to the date of filing of the petition for jurisdiction under ORS 9.705 to 9.757. The judgment lien takes priority over all general unsecured creditors, nonpossessory liens and security interests that were unperfected on the date the court assumed jurisdiction, and may be foreclosed as provided in ORS chapter 87. [1979 c.252 §11; 1985 c.512 §9; 1989 c.1052 §20; 2003 c.576 §225; 2013 c.3 §1; 2015 c.6 §11; 2021 c.497 §6; 2023 c.72 §27]

 

      9.740 Court orders appealable; stay. Jurisdictional and final orders of the circuit court pursuant to ORS 9.705 to 9.757 are appealable but may not be stayed except as ordered by the circuit court or any appellate court. [1979 c.252 §7; 1985 c.512 §10; 1989 c.1052 §21]

 

      9.745 Statutes of limitation suspended. Any applicable statute of limitations or time limit for the filing set by statute or rule of court as it relates to the affected member’s clients shall be suspended automatically by the filing of a petition for jurisdiction under ORS 9.705 to 9.757 for a period of 120 days following the date of filing of such petition. [1979 c.252 §8; 1985 c.512 §11; 1989 c.1052 §22; 2023 c.72 §28]

 

      9.750 Confidentiality of files and records; attorney-client privilege. Persons examining the files and records of the law practice of an affected member pursuant to ORS 9.705 to 9.757 shall preserve the confidentiality of the information relating to the affected member’s representation of a client and shall make disclosure only to the extent necessary to carry out the purposes of ORS 9.705 to 9.757. Such disclosure is a disclosure which is reasonably necessary for the accomplishment of the purpose for which the affected member was consulted. Communications between the Oregon State Bar or its designees or an attorney appointed as custodian of a law practice under ORS 9.725 and a client of the affected member are subject to the attorney-client privilege to the same extent as it would have applied to communications by or to the affected member. [1979 c.252 §10; 1985 c.512 §12; 1989 c.1052 §23; 2015 c.6 §12; 2021 c.497 §7; 2023 c.72 §29]

 

      9.755 Final report of custodian; petition for compensation; court approval. Whenever the purposes of ORS 9.705 to 9.757 have been accomplished with respect to the law practice of an affected member for which the Oregon State Bar or an attorney has been appointed as custodian under ORS 9.725, the bar or the appointed attorney shall file with the court a final report and accounting of all funds and property coming into the possession or control of the bar or the appointed attorney as custodian and a petition for compensation and expenses of the bar or the appointed attorney for acting as custodian. The bar or the appointed attorney shall mail a copy of the report and accounting and a copy of the petition for compensation and expenses to all persons upon whom service was made pursuant to ORS 9.727. Upon approval by the court, an order shall be entered approving the final report and accounting, fixing the amount of compensation and expenses to be allowed to the bar or the appointed attorney, and discharging the bar or the attorney from further duties. [1979 c.252 §12; 1985 c.512 §13; 1989 c.1052 §24; 2015 c.6 §13; 2021 c.497 §8; 2023 c.72 §30]

 

      9.757 Retention of client materials. (1) Except as provided in subsection (2) of this section or by court order, the Oregon State Bar may dispose of client papers and files that have not been claimed by a client of an affected member within six months after written notice to the client from the bar. The bar must dispose of the papers and files in a manner reasonably calculated to protect the confidentiality of the information contained in the papers and files.

      (2) The bar may dispose of an unclaimed original will as provided in ORS 112.815 and 112.820.

      (3) The bar shall maintain a log of all retained wills that is accessible to the public.

      (4) Upon receipt of satisfactory proof of identity, the bar shall release a will belonging to a client to the client or to a duly appointed personal representative or conservator of the client.

      (5) The bar may retain wills in digitized form, and a digitized copy, certified by the bar as a true copy of the digital document retained by the bar, shall be admissible in evidence to the same extent as the original. [2015 c.6 §10; 2023 c.72 §31]

 

LAW LIBRARIES

 

      9.760 Judicial department library services; fees. The State Court Administrator may authorize any library of the judicial department of government to provide photographic or other copies of any of its materials, and to make reasonable charges for such copies or services. [Amended by 1959 c.655 §1; 1985 c.308 §2]

 

      9.770 [Amended by 1959 c.655 §2; repealed by 1985 c.308 §6]

 

      9.780 Exchange of legal publications. The State Court Administrator may send, free of charge, one copy of the codes, session laws and Supreme Court, Court of Appeals and Oregon Tax Court reports of this state as the same may be published, to each state and foreign country that exchanges, free of charge, its codes, session laws and equivalent reports with this state. All legal books and publications received in exchange by the state shall be added to the collection of the State of Oregon Law Library. [Amended by 1985 c.308 §3; 2001 c.779 §6]

 

      9.790 Legislative Counsel furnishing copies of codes and session laws for exchange. The Legislative Counsel shall, upon requisition of the State Court Administrator, supply a sufficient number of copies of the codes and session laws of this state, as the same may be published, to carry out the provisions of ORS 9.780. [Amended by 1985 c.308 §4]

 

      9.800 Sale of surplus codes and session laws. The State Court Administrator may sell the unused sets of Oregon codes and session laws which are not needed for the purpose of exchanging for the codes and session laws of other states and for other books. The sales shall be for cash and the proceeds deposited as provided by ORS 8.130. [Amended by 1985 c.308 §5]

 

      9.810 [Repealed by 1985 c.308 §6]

 

      9.815 County law libraries and law library services. (1) Each county shall:

      (a) Operate a free law library at a location that is convenient and available at reasonable hours; or

      (b) Provide free law library services at one or more locations that are convenient and available at reasonable hours.

      (2) A county governing body may enter into a contract with a law library association or other organization for the operation of the law library, or the provision of law library services, required by this section. [2011 c.224 §1; 2011 c.595 §176]

 

      9.820 Law libraries in Multnomah County. (1) In all counties containing more than 700,000 inhabitants, according to the latest federal decennial census, the governing body of the county may:

      (a) Enter into an intergovernmental agreement with the Judicial Department to provide law library services; or

      (b) Enter into a contract with any law library association or corporation owning and maintaining a law library in the county at or convenient to the courthouse, for the use of the library by the judges of the circuit and county courts, county commissioners, district attorney and all members of the bar.

      (2) Law library services may include services provided by a family law facilitation program established under ORS 3.428 or a court facilitation program established under ORS 3.445. [Amended by 1963 c.519 §1; 1965 c.619 §3; 2011 c.595 §105; 2018 c.29 §1]

 

      9.825 Law library surveys; reports. (1) The State Court Administrator shall conduct every two years an electronic survey of all county law libraries and the law library services provided by counties. The survey must request information on:

      (a) The extent to which counties provide access to statutes, rules, cases and other legal information, whether through printed materials or electronic access;

      (b) Staffing in county law libraries;

      (c) The number and types of persons who use county law libraries and other law library services;

      (d) The hours that county law libraries are open, or access to law library services is available;

      (e) The hours that law library staff assistance is available, either in person, by telephone or through the Internet; and

      (f) The extent to which persons who use county law libraries and law library services have free or low-cost public, on-site access to computers, printers, copiers and other electronic devices provided by the counties.

      (2) The State Court Administrator shall submit a report to the Legislative Assembly in the manner provided by ORS 192.245 based on each survey conducted under this section. The report must be delivered to the Legislative Assembly not later than February 1 of each odd-numbered year. [2011 c.224 §5]

 

      9.829 Use of moneys distributed to counties. Notwithstanding any other law, the governing body of a county may, after consulting with the presiding judge of the circuit court, use up to one-half of the moneys distributed to the county by the Chief Justice of the Supreme Court from moneys appropriated to the Judicial Department for the purpose of operating law libraries or providing law library services, for the purpose of providing conciliation and mediation services in circuit courts. [2017 c.725 §19]

 

      9.830 [Amended by 1965 c.619 §4; 1981 s.s. c.3 §78; 1983 c.763 §36; repealed by 2011 c.595 §104]

 

      9.840 [Amended by 1963 c.519 §2; 1965 c.619 §5; 1981 s.s. c.3 §79; 1983 c.763 §37; 1997 c.801 §147; 2011 c.224 §2; repealed by 2011 c.595 §104]

 

      9.850 [Amended by 1963 c.519 §3; 1965 c.619 §6; 2003 c.14 §11; 2011 c.224 §3; repealed by 2011 c.595 §104]

 

UNIVERSAL REPRESENTATION

 

      9.860 Universal representation program; grants; transfer of funds to Legal Services Program for immigration legal services; advisory committee; report to legislature. (1)(a) A nonprofit organization registered in this state that addresses and executes worker relief as the organization’s primary purpose shall serve as the fiscal agent to award grants to organizations to provide services related to immigration matters through a universal representation program. Funds must be allocated for, but are not limited to, the following purposes:

      (A) Attorneys working at community-based organizations to provide culturally responsive services to members of the immigrant and refugee community;

      (B) Navigators working at community-based organizations to guide persons who are at risk of deportation or need assistance with immigration matters into the universal representation program;

      (C) Development of capacity and training to support navigation efforts through community-based organizations into the universal representation program and culturally responsive services carried out by community-based organizations;

      (D) A client service fund to assist with fees associated with filings, interpretation and related costs in immigration matters;

      (E) A statewide universal navigation and support system, including a call center, to provide direct contacts and streamlined access for those seeking assistance with immigration matters; and

      (F) A clearinghouse to provide logistical support, income and program eligibility screening, navigation review, case placement and technical assistance, and referral coordination, mentoring and supervision of attorneys working for community-based organizations.

      (b) All individuals seeking services through the universal representation program must be enrolled and are subject to an income and program eligibility screening and a priority recommendation through the clearinghouse described in paragraph (a) of this subsection.

      (c) Information provided to the clearinghouse described in paragraph (a) of this subsection is subject to the lawyer-client privilege under ORS 40.225.

      (2) For all grants awarded under this section by the fiscal agent described in subsection (1) of this section, the fiscal agent shall:

      (a) Create a uniform method of reporting grant outcomes to facilitate comparison of results between grant recipients;

      (b) Require that grant recipients provide services free of charge;

      (c) Require grant recipients to prioritize legal services to detained individuals and individuals at imminent risk of deportation before other immigration matters when applicable;

      (d) Require all individuals seeking services to be enrolled and subject to a uniform income and program eligibility screening and a priority recommendation through the clearinghouse described in subsection (1) of this section;

      (e) Provide services to all income- and program-eligible individuals subject to reasonably measured capacity;

      (f) Encourage the use of best practices to design the delivery of legal services to the immigrant and refugee population; and

      (g) Ensure that a person denied services receives notice of the reasons for denial and that the notice is provided to the fiscal agent.

      (3) The fiscal agent described in subsection (1) of this section shall:

      (a) Issue grants through a request for proposal process;

      (b) Conduct a performance audit at the conclusion of the second year after the Universal Representation Fund established under ORS 9.865 is operative and every two years thereafter; and

      (c) Conduct a financial audit at the conclusion of the second year after the fund is operative and every two years thereafter.

      (4)(a) The Chief Justice of the Supreme Court shall transfer funds appropriated for this purpose to the Oregon State Bar for use by the Legal Services Program established under ORS 9.572 to provide legal services to individuals on immigration matters and related matters, including but not limited to the provision of general legal information and legal referral services designed to increase access to the justice system.

      (b) The Legal Services Program shall adopt standards and guidelines for the provision of services under this subsection that are consistent with the requirements set forth in subsection (2) of this section.

      (5) The fiscal agent described in subsection (1) of this section shall convene an advisory committee for the universal representation program. The advisory committee shall meet periodically and make recommendations relating to the coordination of services, standards and guidelines, the development of best practices and other matters related to universal representation. The committee shall be chaired by:

      (a) The administrative head, or the designee of the administrative head, of the fiscal agent described in subsection (1) of this section;

      (b) The administrative head, or the designee of the administrative head, of a grantee under subsection (1) of this section; and

      (c) The administrative head, or the designee of the administrative head, of a legal services provider providing services under subsection (4) of this section.

      (6) No later than August 31 of each year, the fiscal agent described in subsection (1) of this section shall submit, to a committee or interim committee of the Legislative Assembly dealing with legal services, the Oregon Department of Administrative Services and the Legislative Fiscal Officer, a report on the grants the fiscal agent awarded under this section. The report must specify, but is not limited to:

      (a) How many individuals have entered the universal representation program;

      (b) How many individuals have accepted wraparound assistance from community-based organizations;

      (c) The number and types of cases and matters in which legal services were delivered, disaggregated by grantee;

      (d) The counties in which the community-based organizations have provided services;

      (e) A comparison of programs offering services and recommendations to improve service delivery for community-based organizations receiving funds from the fiscal agent;

      (f) The findings of performance and fiscal audits described in subsection (3)(b) and (c) of this section; and

      (g) Other matters as recommended by the advisory committee.

      (7) In appropriating moneys for programs under this section, the Legislative Assembly shall endeavor to allocate funding as follows:

      (a) 70 percent of available funds to the Universal Representation Fund established under ORS 9.865; and

      (b) 30 percent of available funds to the Judicial Department for purposes of transfer to the Oregon State Bar under subsection (4) of this section.

      (8) As used in this section:

      (a) “Community-based organization” means a nonprofit organization registered in this state that provides culturally responsive services to immigrant and refugee communities in Oregon.

      (b) “Culturally responsive service” means a service that is respectful of, and relevant to, the beliefs, practices, cultures and linguistic needs of diverse consumer or client populations and communities whose members identify as having particular cultural or linguistic affiliations by virtue of their place of birth, ancestry or ethnic origin, religion, preferred language or language spoken at home, and that has the capacity to respond to the issues of diverse communities and to require knowledge and capacity at systemic, organizational, professional and individual levels of intervention.

      (c) “Immigration matter” has the meaning given that term in ORS 9.280. [2022 c.88 §2]

 

      Note: Section 3, chapter 88, Oregon Laws 2022, provides:

      Sec. 3. The fiscal agent described in section 2 (1) of this 2022 Act [9.860 (1)] shall make the first report described in section 2 (6) of this 2022 Act no later than August 31, 2024. [2022 c.88 §3]

 

      9.865 Universal Representation Fund. (1) The Universal Representation Fund is established in the State Treasury, separate and distinct from the General Fund.

      (2) Interest earned by the Universal Representation Fund shall be credited to the fund.

      (3) Moneys in the fund are continuously appropriated to the Oregon Department of Administrative Services for the purpose of disbursement to the fiscal agent described in ORS 9.860 (1) for providing a statewide integrated, universal navigation and representation system for immigration matters. [2022 c.88 §1]

 

PENALTIES

 

      9.990 Penalties. (1) Any person who violates ORS 9.160 shall be fined not more than $500 or imprisoned in the county jail for a period not to exceed six months, or both.

      (2) Any person who violates any of the provisions of ORS 9.500 or 9.520 commits a Class A violation.

      (3) Any person violating any of the provisions of ORS 9.505 shall, upon conviction, be fined not more than $1,000 or imprisoned in the county jail for a period not to exceed one year, or both. [Subsection (3) enacted as 1961 c.561 §4; 1999 c.1051 §143]

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