BULLETINS FROM ALOHA

THE COMPONENTS  --  Initially, there are three sources of written guidance to the disciplinary system at the Oregon State Bar.   First, there is the statutory authority which is found in ORS  9.005 and specifically 9.527 et seq.  Second, there are the 'rules' (Oregon Rules of Professional Conduct and the Rules of Procedure).  Finally, there are the Oregon State Bar Bylaws the existence of which are known to few.  Each defines and outlines the bodies that control the process.  Those bodies are:   (1) Client Assistance Office which reports to the Bar's General Counsel.  (2) Disciplinary Counsel which reports to the Executive Director.  (3)  State Professional Responsibility Board which has as it's attorney, the Disciplinary Counsel (See Bylaw 18.1)  (4)  The Disciplinary Board (trial panels) which are supposed to be appointed by the Oregon Supreme Court, but are actually appointed by the Board of Governors with help from the Disciplinary Counsel.  It is not well known that Jeff Sapiro sits in on the meetings where the trial panels are chosen. 

HOW THE PROCESS IS SKEWED   --   The Disciplinary Counsel's office has many resources and few cases.  This allows the 15 lawyers in the office to devote their time to the an individual caseload of about 15 cases.  In addition, the Bar has a paid staff of investigators.  Further, the Oregon State Bar has a staff of volunteer outside counsel (mostly downtown law firms) who provide legal expertise unavailable to the accused lawyer.  Finally, the Bylaws state that the accused lawyer may not communicate with anyone about their case who may be connected to the Bar other than the lawyers in the Disciplinary Counsel's office or the appointed counsel for the Bar.  (Bylaw 18.107)   The Oregon State Bar Staff and Members of the Board of Governors, on the other hand may discuss an accused's case with anyone they want to including judges.  Recently, Karen Garst  (Executive Director) and William Carter (President of the Bar) discussed an individual's disciplinary case with members of the Professionalism Commission, naming the accused and having that discussion without the knowledge of the accused's lawyer.  In another case Mr. Carter saw fit to contact the Chief Justice of the Supreme Court of Oregon about a pending disciplinary case without informing the accused that such a contact had taken place.   There is regular contact by the General Counsel's office and the Disciplinary Counsel's office with the Oregon Supreme Court members from which the regular OSB membership are excluded.  There are sanctions if the OSB member does not respond to the Disciplinary Counsel's office, but no sanctions if the Disciplinary Counsel's office does not respond to the OSB member.  Timelines are strictly construed against the OSB member, but Bar Rule 11.1 gives the Bar and the surrogates a free pass if they miss a deadline. 

LOOK FOR FURTHER INFORMATION ABOUT YOUR OREGON STATE BAR'S DISCIPLINARY PROCESS HERE ON A REGULAR BASIS. 

IF YOU HAVE A TALE OF THE OREGON STATE BAR DISCIPLINARY OFFICE  OR ANY ISSUES YOU HAVE ABOUT DISCIPLINE IN OREGON PLEASE POST YOUR INFORMATION HERE OR EMAIL THE MATTER TO LAUREN PAULSON.