72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2057
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary for Oregon State Bar Board of Governors)
CHAPTER ................
AN ACT
Relating to Oregon State Bar; creating new provisions; and
amending ORS 9.040, 9.152, 9.191 and 9.536.
Be It Enacted by the People of the State of Oregon:
{ +
ELECTIONS FOR BOARD OF GOVERNORS AND + }
{ +
HOUSE OF DELEGATES + }
SECTION 1. ORS 9.040 is amended to read:
9.040. (1) The election of governors shall be held 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.
{ + (2)(a) + } 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. 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.
{ + (b) The board by rule may provide for electronic
elections in lieu of using mailed ballots 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 so conducted
that only eligible active members can vote, and the secrecy of
the ballot shall be preserved.
{ + (4) Notwithstanding subsection (1) of this section, an
election shall not be held for any position for which only a
single candidate has been nominated. If only a single candidate
Enrolled House Bill 2057 (HB 2057-A) Page 1
has been nominated, the board shall declare the single candidate
elected to the position on a date specified by the board. + }
{ - (2) - } { + (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 { - subsection (1) of - } this
section as soon as possible after the occurrence of the
vacancy { + , or as provided in subsection (4) of this section if
only a single candidate is nominated + }. The vacancy may be
filled for the period between the occurrence of the vacancy and
the { - special - } election { + of a new governor + } by a
{ - governor - } { + 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 { - governor - } { + person + }
appointed by the board.
{ - (3) - } { + (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.
SECTION 2. ORS 9.152 is amended to read:
9.152. (1) The election of delegates to the house of delegates
shall be held 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.
{ + (2)(a) + } The executive director shall mail ballots
containing the nominations for the office of delegate in each
region to every active member in the region. 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.
{ + (b) The board by rule may provide for electronic
elections in lieu of using mailed ballots 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) + } 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) - } { + (4) + } 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.
{ + (5) Notwithstanding subsection (1) of this section, an
election shall not be held for any position for which only a
single candidate has been nominated. If only a single candidate
has been nominated, the board shall declare the single candidate
elected to the position on a date specified by the board. + }
{ +
50-YEAR MEMBERS + }
Enrolled House Bill 2057 (HB 2057-A) Page 2
SECTION 3. ORS 9.191 is amended to read:
9.191. (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). { - No annual
membership fees shall be required or assessed by the board for
members who have - } { + The board may not require that a member
who has + }been admitted to practice law in Oregon for 50 years
or more { + pay membership fees, assessments or any amount under
ORS 9.645, + } except that { - such - } { + the + } member
shall be required to pay any amount assessed under any plan for
professional liability insurance if the member is engaged in the
private practice of law and the member's principal office is in
Oregon.
{ +
REVIEW OF DISCIPLINARY BOARD DECISIONS + }
SECTION 4. ORS 9.536 is amended to read:
9.536. (1) Upon the conclusion of a hearing, the disciplinary
board shall file with the State Court Administrator a written
decision in the matter. { - If the decision of the disciplinary
board finds the accused attorney has not committed the alleged
wrongdoing or determines that the accused attorney should be
disciplined by way of reprimand or suspension from the practice
of law up to a period of six months, - } The Oregon State Bar or
the accused { - , as the case may be, - } 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) If the decision of the disciplinary board is to
suspend the accused attorney from the practice of law for a
period of longer than six months or to disbar the accused
attorney, the matter shall be reviewed by the Supreme Court. The
Enrolled House Bill 2057 (HB 2057-A) Page 3
procedure on review shall be as provided in the rules of
procedure. - }
{ - (3) - } { + (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.
{ - (4) - } { + (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.
{ - (5) - } { + (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 and docketed in the judgment docket. Such judgment shall
thereafter have the same force and effect, may be enforced by
execution in the same manner, may be renewed in the same manner
and, upon payment, shall be satisfied in the same manner as other
judgments entered in circuit court.
SECTION 5. { + The amendments to ORS 9.536 by section 4 of
this 2003 Act apply only to decisions of the disciplinary board
filed with the State Court Administrator on or after the
effective date of this 2003 Act. + }
{ +
CAPTIONS + }
SECTION 6. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
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Enrolled House Bill 2057 (HB 2057-A) Page 4
Passed by House April 10, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 13, 2003
...........................................................
President of Senate
Enrolled House Bill 2057 (HB 2057-A) Page 5
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2057 (HB 2057-A) Page 6