IN THE SUPREME COURT OF THE STATE OF OREGON
|In the Matter of Adoption
of the OREGON RULES FOR
ADMISSION OF ATTORNEYS
| ) |
|ORDER NO. 09-022
ORDER APPROVING OREGON
RULES FOR ADMISSION OF
At its public meeting on February 4, 2009, the court considered and approved the new admission category – Rules for Admission of Attorneys RFA 17.05 – Admission of Out-of-State Active Pro Bono Attorneys. The rule is set out as follows.
ADMISSION OF OUT-OF-STATE ACTIVE PRO BONO ATTORNEYS
17.05 Admission of Out-of-State Active Pro Bono Attorneys
An attorney, who has been admitted to practice law in another state, federal territory or commonwealth, or the District of Columbia, may be admitted to practice law as an Active Pro Bono Attorney, subject to the provisions, conditions and limitations in this rule, by the following procedure:
(1) The attorney, having actively practiced law for at least 15 years, may apply for admission to practice law as an Active Pro Bono Attorney by:
(a) Filing an application as prescribed in Rule 4.15;
(b) Presenting satisfactory proof of graduation from an ABA approved law school with a Juris Doctor degree or its equivalent;
(c) Presenting satisfactory proof of passage of a bar examination in a jurisdiction in which the applicant is admitted to the practice of law;
(d) Presenting satisfactory proof that the applicant is not currently serving any disciplinary sanction or disbarment in any jurisdiction; or has not resigned from the practice of law while disciplinary charges were pending or in lieu of discipline;
(e) Presenting satisfactory proof that the applicant will practice law with a Certified Pro Bono Program; and
(f) Agreeing to abide by the Rules of Professional Conduct and submit to the jurisdiction of the Oregon State Bar for disciplinary purposes.
(2) The applicant shall pay the investigation fee as set forth in Rule 4.10(2).
(3) The applicant shall be investigated as prescribed in Rule 6.05 to 6.15.
(4) If a majority of the non-recused members of the Board of Bar Examiners considers the applicant to be qualified as to the requisite moral character and fitness to practice law, the Board shall recommend the applicant to the Supreme Court for admission to practice law as an Active Pro Bono Attorney in Oregon.
(5) If the Supreme Court considers the applicant qualified for admission, it shall admit the applicant to practice law as an Active Pro Bono Attorney in Oregon. The applicant's date of admission as an Active Pro Bono member of the Oregon State Bar shall be the date the applicant files the oath of office with the State Court Administrator as provided in Rule 8.10(2).
(6) In order to qualify for and retain admission to practice law as an Active Pro Bono Attorney, an attorney admitted under this rule must satisfy the following conditions, requirements and limitations:
(a) The attorney shall be limited to practice exclusively as a pro bono attorney, and through a Certified Pro Bono Program;
(b) All business cards, letterhead and directory listings, whether in print or electronic form, used in Oregon by the attorney shall clearly identify that the attorney is admitted to practice in Oregon only as an Active Pro Bono Attorney;
(c) The attorney shall pay the Oregon State Bar all annual and other fees required of inactive members admitted to practice for two years or more;
(d) The attorney shall be subject to ORS Chapter 9, these rules, the Oregon Rules of Professional Conduct, the Oregon State Bar's Rules of Procedure, the Oregon Minimum Continuing Legal Education Rules and Regulations, and to all other laws and rules governing attorneys admitted to active practice of law in this state; and
(e) The attorney shall promptly report to the Oregon State Bar: a change in membership status, good standing or authorization to practice law in a state, federal territory, commonwealth, or the District of Columbia where the attorney has been admitted to the practice of law; or the commencement of a formal disciplinary proceeding in any such jurisdiction.
(7) The attorney shall report immediately to the Oregon State Bar, and the admission granted under this section shall be automatically suspended, when the attorney is suspended or disbarred for discipline or resigns while disciplinary complaints or charges are pending, in any jurisdiction.
(8) The admission granted under this section shall be terminated automatically when the attorney has been otherwise admitted to the practice of law in Oregon as an active member of the Oregon State Bar.
(9) For the purposes of this Rule 17.05, the term "Certified Pro Bono Program" means a legal services provider that has applied for and received certification through the Oregon State Bar and that maintains Professional Liability Coverage for the Active Pro Bono Attorney, either through a waiver of coverage or through purchasing coverage from the PLF.
IT IS HEREBY ORDERED that Oregon Rules for Admission of Attorneys 17.05, be adopted.
Dated this 17th day of February, 2009.
Paul J. De Muniz