71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 566
House Bill 2360
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for the Board of Governors of the Oregon State Bar)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes changes in operation of house of delegates of Oregon
State Bar. Eliminates term limitation on delegates. Eliminates
Oregon State Bar committee chairs as ex officio voting delegates.
Eliminates special election process for vacancies in house of
delegates. Eliminates requirement of 10 signatures for nomination
of out-of-state delegate. Eliminates nomination process for
public member delegates.
A BILL FOR AN ACT
Relating to the house of delegates of the Oregon State Bar;
creating new provisions; and amending ORS 9.136, 9.145, 9.150
and 9.152.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 2. 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 3. 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 4. 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.
{ + 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 5. { + 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 ___, ___.
(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 ___, ___.
(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 ___, ___.
(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 ___, ___.
(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 ___, ___.
(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 ___, ___. + }
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