Chapter 59
AN ACT
HB 2355
Relating to client security fund; amending ORS 9.655.
Be It Enacted by the People of
the State of
SECTION 1. ORS 9.655 is amended to read:
9.655. (1) Upon the
filing of a claim, verified under oath, by a client claiming a pecuniary loss [under ORS 9.625] 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 attorney
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 [claimed]
dishonest conduct [which caused the loss];
(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 [claimed]
dishonest conduct [which caused the loss];
or
(c) [Has been the object of a judgment entered in
any proceeding arising out of the claimed dishonest conduct which caused the
loss and, if the object of a judgment for money entered in favor of the
claimant, has failed to pay the judgment,] 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 [that] issuance of execution would be a useless act.
(2) [After complying with subsection (1) of this
section, if the board or representative requires additional information to
determine the claim,] 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 attorney 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.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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