74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2355
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Board of Governors of the Oregon State Bar)
CHAPTER ................
AN ACT
Relating to client security fund; amending ORS 9.655.
Be It Enacted by the People of the State of Oregon:
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
Enrolled House Bill 2355 (HB 2355-INTRO) Page 1
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.
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Passed by House February 8, 2007
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Chief Clerk of House
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Speaker of House
Passed by Senate March 26, 2007
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President of Senate
Enrolled House Bill 2355 (HB 2355-INTRO) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
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Secretary of State
Enrolled House Bill 2355 (HB 2355-INTRO) Page 3