Chapter 297 Oregon Laws 2001

AN ACT

HB 3260

Relating to Oregon State Bar; creating new provisions; and amending ORS 9.040, 9.136, 9.145, 9.150, 9.152 and 9.155.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 9.040 is amended to read:

9.040. (1) The election of governors shall be held [on the third Monday of April of each year] annually on a date set by the board of governors. Nomination shall be by petition signed by at least 10 members entitled to vote for such nominee. Election shall be by ballot. Nominating petitions shall be filed with the executive director of the bar at least 30 days before the election. The executive director shall mail ballots, containing the nominations for the office of governor in each region, to every eligible active member in such region[, on or before the first day of April preceding such election]. Ballots must be returned in person or by mail to the executive director on or before the day of the election in order to be counted. The executive director shall canvass the votes and record the result thereof. 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 so conducted that only eligible active members can vote, and the secrecy of the ballot shall be preserved.

(2) 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 subsection (1) of this section as soon as possible after the occurrence of the vacancy. The vacancy may be filled for the period between the occurrence of the vacancy and the special election by a governor 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 governor appointed by the board.

(3) 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.

SECTION 2. ORS 9.136 is amended to read:

9.136. (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 [committee and] 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 and an additional region composed of all areas not located in this state. Only active members of the bar may vote for delegates. A member who maintains a principal office in one of the regions established by ORS 9.025 may vote for delegates from the region where the member maintains the office. A member who does not maintain a principal office in this state but who has an address on file with the bar may vote for delegates from the region composed of all areas not located in this state.

(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 that occurs more than 18 months before the expiration of the term shall be filled for the remainder of the term by a delegate elected at a special election. The election shall be held as soon as possible after the vacancy occurs. The vacancy may be filled, for the period between the occurrence of the vacancy and the special election, by a delegate appointed by the board of governors. A vacancy in the office of an elected delegate that occurs 18 months or less before the expiration of the term shall be filled for the remainder of the term by a delegate appointed by the board of governors.] 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 [committee or] 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.

SECTION 3. ORS 9.145 is amended to read:

9.145. The board of governors shall appoint a public member delegate for each region established by ORS 9.025. [The elected delegates of each of those regions shall, by majority vote, nominate five candidates for the position of public member delegate for the district. The nominations must be submitted to the board by June 15 of every third year, beginning in 1996. The board shall select one of the candidates as the public member delegate for the region. The selection must be made by August 1 of the year the nominations are made.] 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.

SECTION 4. ORS 9.150 is amended to read:

9.150. [(1)] 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:

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

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

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

[(d)] (4) Is recalled pursuant to ORS 9.155.

[(2) A delegate to the house of delegates may not serve more than two consecutive three-year terms or six consecutive years regardless of the number of terms or portion of terms the delegate is appointed or elected to serve.]

SECTION 5. ORS 9.152 is amended to read:

9.152. (1) The election of delegates to the house of delegates shall be held [on the third Monday of April each year] annually on a date set by the board of governors. Except as provided in subsection (2) of this section, nominations shall be made by petition signed by at least 10 members of the Oregon State Bar entitled to vote for a delegate in the election. The election shall be by ballot. Nominating petitions must be filed with the executive director of the state bar at least 30 days before the election. The executive director shall mail ballots containing the nominations for the office of delegate in each region to every active member in the region. [The ballots must be mailed on or before April 1 of the year of the election.] Ballots may be delivered in person or by mail to the executive director, but must be received by the executive director on or before the day of the election. The executive director, with any assistants that the executive director may designate, shall canvass the votes and record the results of the election. The candidate, or candidates if there is more than one open position, receiving the highest number of votes in each region for the position or positions being filled shall be declared elected. Balloting shall be conducted in a manner than ensures that only active members of the bar can vote and that the secrecy of the ballots shall be preserved.

(2) The nomination petition for a delegate from the region composed of all areas not located in this state need only be signed by the candidate for the position.

SECTION 6. ORS 9.155 is amended to read:

9.155. 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 executive director shall serve notice on the delegate of the filing of the petition. If the delegate does not resign within [10] 15 days after the date that the notice is served, the executive director shall mail 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 executive director’s declaration of the results of the election.

SECTION 7. Notwithstanding ORS 9.145 (1999 Edition), of the six public member delegates serving in the house of delegates on the effective date of this 2001 Act:

(1) The public member delegate appointed for the region established under ORS 9.025 and designated region number 1 by the board of governors, shall serve until December 31, 2003.

(2) The public member delegate appointed for the region established under ORS 9.025 and designated region number 2 by the board of governors, shall serve until December 31, 2004.

(3) The public member delegate appointed for the region established under ORS 9.025 and designated region number 3 by the board of governors, shall serve until December 31, 2005.

(4) The public member delegate appointed for the region established under ORS 9.025 and designated region number 4 by the board of governors, shall serve until December 31, 2004.

(5) The public member delegate appointed for the region established under ORS 9.025 and designated region number 5 by the board of governors, shall serve until December 31, 2003.

(6) The public member delegate appointed for the region established under ORS 9.025 and designated region number 6 by the board of governors, shall serve until December 31, 2005.

Approved by the Governor June 4, 2001

Filed in the office of Secretary of State June 4, 2001

Effective date January 1, 2002

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