IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of the Amendment to the
OREGON STATE BAR
RULES OF PROCEDURE
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ORDER NO. 08-014

ORDER AMENDING OREGON STATE BAR
RULES OF PROCEDURE

At its public meeting on March 18, 2008, the court considered and approved revisions to the following Bar Rules of Procedure: BR 1.10(a), BR 2.6(g) and BR 12.2. These rules were approved as amended by the Board of Governors addressing the appeal of dismissed complaints to the SPRB and updating the address of the Oregon State Bar. Deleted text is struck out; new text is underlined.

IT IS HEREBY ORDERED that the attached revised Oregon State Bar Rules of Procedure are approved and effective immediately.

Dated this 20th day of March, 2008.

Paul J. De Muniz
Chief Justice


Proposed Amendments to the Oregon State Bar Rules of Procedure

Adopted by the Board of Governors 2/22/08

BR 1.10† Filing.†

(a) Any pleading or document to be filed with the Disciplinary Board Clerk shall be delivered in person or by mail to the Disciplinary Board Clerk, Oregon State Bar, 5200 S.W. Meadows Road, P.O. Box 1689, Lake Oswego, Oregon 97035-0889 16037 S.W. Upper Boones Ferry Road, Tigard, Oregon 97224, or by mail to the Disciplinary Board Clerk, Oregon State Bar, P.O. Box 231935, Tigard, Oregon 97281-1935. Any pleading or document to be filed with the Supreme Court shall be delivered to the State Court Administrator, Appellate Courts Records Section, 1163 State Street, Salem, Oregon 97301-2563. Any pleading or document to be filed with the State Chair of the Disciplinary Board, a regional chair or a trial panel chair shall be delivered to the intended recipient at his or her last designated business or residence address on file with the Bar.††††††

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BR 2.6 Investigations.

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(g) Investigation of Complaints Against Disciplinary Counsel, General Counsel or other Bar agents. Complaints of misconduct concerning disciplinary counsel or general counsel of the Oregon State Bar, or complaints that Bar Counsel or members of an LPRC have engaged in misconduct while acting on the Barís behalf, shall be referred to the chairperson of the State Professional Responsibility Board within seven days of their receipt by the bar.

(1) If the SPRB chairperson determines that probable cause does not exist to believe misconduct has occurred, the complaint shall be dismissed and the parties shall be notified of the dismissal in writing by the SPRB chairperson. A complainant may contest in writing the dismissal, in which case the matter shall be submitted to the SPRB at a scheduled meeting. The SPRB shall thereafter take such action as it deems appropriate on the complaint.

(2) If the SPRB chairperson determines the complaint should be investigated, the SPRB chairperson may appoint a local professional responsibility committee or an investigator of his or her choice to investigate the matter and to report on the matter directly to the SPRB. The same procedure shall, as far as practicable, apply to the investigation of such complaints as apply to members of the Oregon State Bar generally.

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Rule 12.2† Notice to Answer.

A copy of the formal complaint (statement of objections), accompanied by a notice to answer it within a designated time, shall be served on the accused (applicant). Such notice shall be in substantially the following form:

(Heading as in complaint/statement of objections)

NOTICE TO ANSWER

You are hereby notified that a formal complaint against you (statement of objections to your admission) (statement of objections to your reinstatement) has been filed by the Oregon State Bar, a copy of which formal complaint (statement of objections) is attached hereto and served upon you herewith. You are further notified that you may file with the Disciplinary Board Clerk, with a service copy to Disciplinary Counsel, your verified answer within fourteen (14) days from the date of service of this notice upon you. In case of your default in so answering, the formal complaint (statement of objections) shall be heard and such further proceedings had as the law and the facts shall warrant.

(The following paragraph shall be used in a disciplinary proceeding only:)

You are further notified that an attorney accused of misconduct may, in lieu of filing an answer, elect to file with Disciplinary Counsel of the Oregon State Bar, a written resignation from membership in the Oregon State Bar. Such a resignation must comply with BR 9.1 and be in the form set forth in BR 12.7. You should consult an attorney of your choice for further information about resignation.

The address of the Oregon State Bar is 5200 S.W. Meadows Road, P.O. Box 1689, Lake Oswego, Oregon 97035-0889 16037 S.W. Upper Boones Ferry Road, Tigard, Oregon 97224, or by mail at P.O. 231935, Tigard, Oregon 97281-1935.

DATED this _____ day of ______________, 20____.

OREGON STATE BAR

By:

Disciplinary Counsel


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