Chapter 171 Oregon Laws 1999
Session Law
AN ACT
HB 2451
Relating to the Oregon State
Bar; creating new provisions; and amending ORS 9.191, 9.220, 9.545, 9.565 and
192.690.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 9.545 is amended to read:
9.545. (1)(a) The Board of Governors of the Oregon State Bar may create a state lawyers assistance
committee for the purpose of implementing a lawyers assistance program and,
pursuant thereto, authorize the state lawyers assistance committee to
investigate and resolve complaints or referrals regarding lawyers whose
performance or conduct may impair their ability to practice law or professional
competence. The board may also create local lawyers assistance committees to
investigate complaints or referrals for the state lawyers assistance committee.
(b) The board [of
governors] may adopt rules for the processing and resolution of complaints
or referrals [under the lawyers
assistance program] by state and
local lawyers assistance committees.
(c) The purpose of [lawyers
assistance] state and local lawyers
assistance committees is [to provide] the provision of supervision and
assistance to those lawyers whose performance or conduct may impair their
ability to practice law or professional competence.
[(2)(a) Any information
provided to, or obtained by, the state lawyers assistance committee or any
local lawyers assistance committee, or designees thereof shall be exempt from
the provisions of ORS 192.410 to 192.505 and shall be inadmissible as evidence
in any disciplinary or civil proceeding.]
(2)(a) In addition to
state and local lawyers assistance committees created under subsection (1) of
this section, the board may create personal and practice management assistance
committees to provide assistance to lawyers who are suffering from impairment
or other circumstances that may adversely affect professional competence or
conduct. Personal and practice management assistance committees may also
provide advice and training to lawyers in practice management.
(b) The board may adopt
rules governing the provision of assistance to lawyers by personal and practice
management assistance committees.
(c) The purpose of a
personal and practice management assistance committee is the provision of
completely confidential assistance, advice and training to lawyers in a manner
that fosters maximum openness in communications between a lawyer and the
committee and that encourages a lawyer to seek assistance from the committee.
(3) Any information provided
to or obtained by the state lawyers assistance committee, any local lawyers
assistance committee or any personal and practice management assistance
committee, or provided to or obtained by any agent of those committees, is:
(a) Confidential;
(b) Exempt from the provisions
of ORS 192.410 to 192.505;
(c) Not discoverable or
admissible in any civil proceeding without the written consent of the lawyer to
whom the information pertains; and
(d) Not discoverable or
admissible in any disciplinary proceeding except to the extent provided by
rules of procedure adopted pursuant to ORS 9.542.
(4) The limitations placed on
the disclosure and admissibility of information in this section shall not apply
to information relating to a lawyer's noncooperation with the state lawyers assistance
committee, any local lawyers assistance committee or [designees thereof] any agent
of those committees, or to information otherwise obtained by the bar from
any other source.
[(b)] (5) All meetings of the state lawyers
assistance committee [and], the local lawyers assistance
committees [created by the board shall be] and the personal and practice management
assistance committees are exempt from the provisions of ORS 192.610 to
192.690.
[(3)] (6) Any person who makes a complaint
or referral to the bar as to the competence of an attorney or provides
information or testimony in connection with the [lawyers assistance program authorized by this section shall not be]
state lawyers assistance committee, any
local lawyers assistance committee or any personal and practice management
assistance committee is not subject to an action for civil damages as a
result thereof.
[(4)] (7) With respect to their acts in
connection with the [lawyers assistance
program authorized by this section] state
lawyers assistance committee, any local lawyers assistance committee or any
personal and practice management assistance committee, the same privileges
and immunities from civil and criminal proceedings that apply to prosecuting
and judicial officers of the state shall apply to the board [of governors], all officers and
employees of the bar, and the members of the [state lawyers assistance committee, local lawyers assistance
committees, and their designees]
committees and their agents.
[(5)] (8) For the purposes of this section,
[designees shall] agents of the state lawyers assistance
committee, a local lawyers assistance committee or a personal and practice
management assistance committee include investigators, attorneys,
counselors, staff personnel and any other individual or entity acting on behalf
of or at the request of the [state
lawyers assistance committee or local lawyers assistance committees created by
the board of governors] committees.
SECTION 2.
ORS 9.565 is amended to read:
9.565. The Department of Revenue may furnish to the Oregon
State Bar the name and address, if known, of any person admitted to practice
law in this state who prepares a return or report permitted or required to be
filed with the department for another, and may also furnish to the bar the name
and address of the taxpayer, in instances where the department has reasonable
grounds to believe the person preparing the return or report prepared it in
violation of any provision of ORS 9.460 to [9.545] 9.542 or 9.705 to 9.755 or the
disciplinary rules adopted thereunder. The department shall provide a statement
of the basis for its belief that a violation may have occurred. The bar and any
person, board or committee described in ORS 9.537 (2), shall use the names,
addresses and information furnished under this section solely in the
enforcement of ORS 9.460 to [9.545] 9.542 or 9.705 to 9.755 or the
disciplinary rules adopted thereunder. Any information disclosed by the
department pursuant to this section may be used in any bar proceeding relating
to the discipline, admission or reinstatement of the person preparing the
return or report.
SECTION 3.
ORS 9.220 is amended to read:
9.220. An applicant for admission as attorney must apply to the
Supreme Court and show that the applicant:
(1) Is at least 18 years old, which proof may be made by the
applicant's affidavit.
(2)(a) Is a person of good moral character and fit to practice
law.
(b) For purposes of this section and ORS 9.025, 9.070, 9.110,
9.210, 9.250[,] and 9.527 [and 9.545],
the lack of "good moral character" may be established by reference to
acts or conduct that reflect moral turpitude or to acts or conduct which would
cause a reasonable person to have substantial doubts about the individual's
honesty, fairness and respect for the rights of others and for the laws of the
state and the nation. The conduct or acts in question should be rationally
connected to the applicant's fitness to practice law.
(3) Has the requisite learning and ability, which must be shown
by the examination of the applicant, by the judges or under their direction.
However, no rule shall establish any maximum on the number of times an
applicant may apply for and take the bar examination whenever presented if the
reason for refusing admission to practice law is failure to pass the bar
examination.
SECTION 4.
ORS 192.690 is amended to read:
192.690. (1) ORS 192.610 to 192.690 shall not apply to the
deliberations of the State Board of Parole and Post-Prison Supervision, the
Psychiatric Security Review Board, of state agencies conducting hearings on
contested cases in accordance with the provisions of ORS 183.310 to 183.550,
the review by the Workers' Compensation Board or the Employment Appeals Board
of similar hearings on contested cases, meetings of [the] state or local
lawyers assistance committees[, the local
lawyers assistance committees in accordance with] operating under the provisions of ORS 9.545, meetings of the personal and practice management assistance committees
operating under the provisions of ORS 9.545, the multidisciplinary teams
required to review child abuse and neglect fatalities in accordance with the
provisions of ORS 418.747, the peer review committees in accordance with the
provisions of ORS 441.055, mediation conducted under sections 2 to 10, chapter
967, Oregon Laws 1989, any judicial proceeding or to meetings of the Oregon
Health Sciences University Board of Directors or its designated committee
regarding candidates for the position of university president.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of information considered
during such review and approval, ORS 192.610 to 192.690 shall not apply to
review and approval of security programs by the Energy Facility Siting Council
pursuant to ORS 469.530.
SECTION 5.
ORS 192.690, as amended by section 14, chapter 967, Oregon Laws 1989, section
33, chapter 18, Oregon Laws 1993, section 4, chapter 318, Oregon Laws 1993,
section 2, chapter 36, Oregon Laws 1995, and section 62c, chapter 162, Oregon
Laws 1995, is amended to read:
192.690. (1) ORS 192.610 to 192.690 shall not apply to the
deliberations of the State Board of Parole and Post-Prison Supervision, the
Psychiatric Security Review Board, of state agencies conducting hearings on
contested cases in accordance with the provisions of ORS 183.310 to 183.550,
the review by the Workers' Compensation Board or the Employment Appeals Board
of similar hearings on contested cases, meetings of [the] state or local
lawyers assistance committees[, the local
lawyers assistance committees in accordance with] operating under the provisions of ORS 9.545, meetings of the personal and practice management assistance committees
operating under the provisions of ORS 9.545, the multidisciplinary teams
required to review child abuse and neglect fatalities in accordance with the
provisions of ORS 418.747, the peer review committees in accordance with the
provisions of ORS 441.055, any judicial proceeding or to meetings of the Oregon
Health Sciences University Board of Directors or its designated committee
regarding candidates for the position of university president.
(2) Because of the grave risk to public health and safety that
would be posed by misappropriation or misapplication of information considered
during such review and approval, ORS 192.610 to 192.690 shall not apply to
review and approval of security programs by the Energy Facility Siting Council
pursuant to ORS 469.530.
SECTION 6. Nothing in the amendments to ORS 192.690 by
section 4 or 5 of this 1999 Act affects the operative date provisions of
section 17, chapter 967, Oregon Laws 1989, as amended by section 1, chapter
277, Oregon Laws 1995.
SECTION 7.
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 [on or before February 1 of each year] shall be established by the
Board of Governors of the Oregon State
Bar, and each year notice [thereof] of the proposed fees for the coming year shall be published and
distributed to the membership not later than 20 days [prior to] before the
annual meeting of the house of delegates [in
the preceding year]. 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 annual
membership fees for the year of admission to be paid by persons admitted to
practice law in this state after February 1 of that year shall be established
by the board.] 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 been admitted to
practice law in Oregon for 50 years or more except that such member shall be
required to pay any amount assessed under any plan for professional liability
insurance if such member is engaged in the private practice of law whose
principal office is in Oregon.
Approved by the Governor May
3, 1999
Filed in the office of
Secretary of State May 3, 1999
Effective date October 23,
1999
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