Resolutions

Whereas, the Board of Governors has proposed the following amendment to the Oregon State Bar House of Delegates pursuant to ORS 9.142;

Whereas, the House of Delegates must adopt any changes in the House of Delegates Rules of Procedure pursuant to ORS 9.142; now, therefore, be it

Resolved, that the following amendment to the House of Delegates Rule of Procedure 8.5 as set forth below is approved and shall go into effect immediately upon adoption:

8.5 If delegates are required to vote via electronic ballot, the presiding officer shall announce a vote and the time for delegates to submit their votes on the electronic ballot. The presiding officer will provide delegates at least two (2) one (1) minutes to record their vote via electronic ballot. Upon completion of the vote, the results may be displayed to all delegates via the voting platform, and the official vote shall be stated by the presiding officer and recorded in the minutes.

Financial Impact

None.

Presenter:
Ankur Doshi, OSB General Counsel

Whereas, the Legal Ethics Committee and the Board of Governors formulated the following amendment to the Oregon Rule of Professional Conduct 1.16(a);

Whereas, the House of Delegates must approve any changes in the rules of professional conduct before they are presented to the Oregon Supreme Court for adoption pursuant to ORS 9.490(1); now, therefore, be it

Resolved, that the amendment of Oregon Rule of Professional Conduct 1.16(a) as set forth below is approved and shall be submitted to the Oregon Supreme Court for adoption:

Rule 1.16: Declining or Terminating Representation

(a)A lawyer shall reasonably inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation. Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(1)the representation will result in violation of the Rules of Professional Conduct or other law;

(2)the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or

(3)the lawyer is discharged.; or

(4)the client or prospective client seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(c) regarding the limitations on the lawyer assisting with the proposed conduct.

Financial Impact

None stated.

Presenter:
Ankur Doshi, OSB General Counsel

Whereas, the Constitutions of both Oregon and the United States require that all people facing a possible deprivation of their physical liberty in court proceedings, such as those accused of criminal offenses, juveniles accused of conduct that would constitute crimes if committed by an adult, and those who are subjects of civil commitment proceedings, have the right to assistance by ethical and competent legal counsel;

Whereas, Oregon statutes guarantee a right to counsel for parents defending against a petition to terminate their parental rights, for parents in juvenile dependency proceedings in which parents may lose custody of their children whenever the nature of the proceedings and due process so require, and for children in juvenile dependency proceedings when requested.

Whereas, those same constitutions and statutes require that the counsel provided the person be paid for by the government, if the person is indigent and cannot afford their own legal counsel;

Whereas, the Sixth Amendment Center published in January 2019 a comprehensive study of Oregon’s public defense system and determined that Oregon’s fixed-fee contract system pits appointed counsels’ financial self-interest against the due process rights of their clients and is prohibited by national public defense standards;

Whereas, the American Bar Association published in January 2022 its report on its calculations of the amount of time public defense providers should spend on average on the various types of public defense cases and concluded that Oregon had one-third the number of public defense attorneys needed to ensure that indigent clients receive constitutionally competent representation;

Whereas, there is a salary and resource disparity between most trial level legal counsel for the person and legal counsel for the State;

Whereas, most trial level legal counsel for the person are government contractors and legal counsel for the State are government employees funded through direct appropriations;

Whereas, legal counsel for the person has an ethical and professional obligation pursuant to the state and federal constitutions, as well as Oregon Rules of Professional Conduct 1.1 (“A lawyer shall provide competent representation to a client”), 1.3 (“A lawyer shall not neglect a legal matter entrusted to the lawyer”) and 1.7 (“A lawyer shall not represent a client if the representation involves a current conflict of interest”) to provide adequate and conflict-free representation;

Whereas, the American Bar Association has acknowledged for over a decade that resource parity, salary parity, and caseload workload standards are essential to its “Ten Principles of Public Defense”;

Whereas, the House of Delegates has long supported a strong public defense system and increased financial resources for public defense providers; now, therefore, be it

Resolved, that the Oregon State Bar, through its Board of Governors and staff, continue to participate actively with in efforts by courts, prosecutors, the Oregon Department of Justice, the Legislative Assembly, the Public Defense Services Commission, the Office of Public Defense Services, Oregon Public Defense Commission, the Oregon Criminal Defense Lawyers Association, and other public safety and child welfare stakeholders, to obtain equal resources and commensurate compensation for public defense providers, and work toward developing caseload workload standards that ensure those public defense providers can meet their constitutional and ethical obligations.

Financial Impact

None stated.

Submitted by:
Keiler Beers, HOD Region 5
Amy Bingham, HOD Region 6
Janae Bly, HOD Region 3
Laura Coffin, HOD Region 2
Kristen Farnworth, HOD Region 6
Shannon Flowers, HOD Region 6
Joshua Gums, HOD Region 1
Jennifer Kinzey, HOD Region 4
Adam LeBrun, HOD Region 4
Kyra Rohner
John Schlosser, HOD Region 5

Whereas, the Oregon Supreme Court has approved Paralegal Licensing that limits Paralegals to practice only within certain areas of Family Law and Landlord-Tenant Law;

Whereas, Expansion of Licensed Paralegal Services will further address a long-standing need for improved Access to Justice for the 80% of Oregonians unable to afford traditional Legal Services;

Whereas, to further serve the needs of the unserved 80% of Oregonians; and, in particular to serve their needs in areas of Law such as Traffic Violations, Unemployment Hearings, Fish and Game Violation Cases, Local Planning Hearings, Land Use Advisory Commissions, School Suspension of Students, and other areas of Law where there remains a lack of affordable Legal Services; now,

Resolved, that the House of Delegates recommends that the Board of Governors appoint a Volunteer Committee [Workgroup] to study Expansion of Licensed Paralegal Services, so as to encourage Licensees to become better qualified in additional areas of Law; and, become authorized to practice in underserved areas of Law toward the goal of greater Access to Justice for the 80% of Oregonians with unmet needs for Legal Services.

Financial Impact

The Board of Governors anticipates there will be a budgetary impact based on additional staff time needed to support the volunteer workgroup.

Presenter:
Danny Lang, Ex-Officio Delegate, Region 3

Whereas, Oregon children have statutory rights to: (A) Permanency with a safe family; (B) Freedom from physical, sexual or emotional abuse or exploitation; and (C) Freedom from substantial neglect of basic needs. ORS 419B.090(2)(a).

Whereas, “In every case under ORS chapter 419B, the court shall appoint a court appointed special advocate.” ORS 419B.112(1). This means that Court Appointed Special Advocates (CASAs) must be appointed to every foster care case statewide.

Whereas, ORS 419B.112(2) identifies the duties of the CASA to:

“(a) Investigate all relevant information about the case;

(b)Advocate for the child or ward, ensuring that all relevant facts are brought beforethe court;

(c)Facilitate and negotiate to ensure that the court, the Department of Human Services,if applicable, and the child or ward’s attorney, if any, fulfill their obligations to the childor ward in a timely fashion; and

(d)Monitor all court orders to ensure compliance and to bring to the court’s attentionany change in circumstances that may require a modification of an order of the court.”

Whereas, CASAs are supervised by CASA programs statewide. There is a CASA program in every Oregon County; together, these CASA programs comprise the Oregon CASA Network. Each CASA program is responsible for the recruitment, training, and supervision of CASAs for the county or counties they serve. CASAs advocate for the best interests of children in foster care, including their physical safety, health, emotional well-being, education, and culturally-specific needs.

Whereas, despite establishing a statewide CASA Fund under ORS 184.498, the State of Oregon never appropriated the $20 million dollars per biennium needed to fulfill the statutory mandate of providing a CASA to the thousands of Oregon children living in foster care. Oregon has over 5,000 children and young adults in foster care according to the Oregon Department of Human Services Data Book.

Whereas, foster youth are a marginalized and vulnerable community, having undergone the traumatic experience of removal from home and being disproportionately comprised of Black and Indigenous youth. Inadequate funding for CASA undermines access to justice for abused and neglected foster youth.

Whereas, foster youth face heightened risks of homelessness and incarceration. Less than half of all Oregon foster youth have graduated from high school or earned a GED by age 21, according to the Annie E. Casey Foundation (2023). Failure to earn a diploma or GED results in a lifetime of lost earning potential.

Resolved, that the Oregon State Bar;

(1) Make a commitment to raise awareness of the value of and advocate for state funding for the Oregon CASA Network.

(2) Request that Congress and the President of the United States make a genuine commitment to foster children by bringing back lost federal funding to the Oregon CASA Network and the local CASA programs that make up OCN.

(3) Work with Oregon’s juvenile judges and the Oregon CASA Network to appropriate additional funds to the CASA Fund under ORS 184.498.

(4)(2) Actively participate in the efforts of the Oregon CASA Network to encourage the participation of OSB members in their local CASA program, either by becoming a CASA or by offering pro bono services and support of local CASA programmatic needs.

(5)(3) Raise awareness of local CASA programs within every HOD region by each region’s members of the House of Delegates.

(6)(4) Support the Oregon CASA Network in efforts to educate lawyers and the community about the legal needs of foster youth.

(7) Support the fundraising efforts of Oregon CASA Network and local CASA programs.

Submitted by:
Brent Smith, OSB #065971, HOD, Region 1
Timothy Williams, OSB # 034940, HOD, Region 1
David Wade, OSB #931217, HOD, Region 2 & OSB Past President 2021
Brent Barton, OSB # 062698, HOD, Region 4
John Grant, OSB #112052, HOD, Region 5
Kamron Graham, OSB #131874, HOD, Region 5 & OSB Past President 2022
Vanessa Nordyke, OSB #084339, HOD, Region 6 & OSB Past President 2018
James Klonoski, OSB # 145408, Out-of-State Elected Delegate

Whereas, the Oregon State Bar supports enhanced Access to Justice;

Whereas, Access to Justice depends upon the availability of an adequate number of Oregon State Bar Member Lawyers to serve the needs of the unserved 80% of Oregonians;

Whereas, the number of OSB Lawyers has failed to keep pace with the population growth of Oregon, resulting in underserved Communities being denied Access to Justice in Civil and Criminal cases;

Whereas, the ongoing shortage of Oregon Lawyers has become more critical in rural Counties; OSB Accredited Law Schools will inspire rural Law Students to represent local Clients by residing and practicing in rural Counties;

Whereas, the shortage of Public Defender Lawyers has also become an acute problem implicating deprivation of Constitutional Rights to Legal Defense Services;

Whereas, the ABA Law School Tuition, and the accompanying burden of Student Loan Debt, has negatively impacted the present and future supply of potential OSB Lawyers;

Whereas, State of Oregon Accredited Law Schools will open more Legal Career Opportunities for students from diverse communities, by making a Law School Education affordable;

Whereas, State of Oregon Accredited Law Schools could provide certain online classes, along with internships and periodic in-person seminars offering flexible scheduling of courses, without the expense of student housing;

Whereas, State of Oregon Accredited Law Schools could feature local practicing Adjunct Faculty Members, with practical experience in representing Clients within their County and community;

Whereas, State of Oregon Accredited Law Schools could qualify for voluntary financial support by OSB Law Firms and Community Non-profits via Endowments and Scholarships; and,

Whereas, State of Oregon Accredited Law Schools could participate in affordable Alternative Pathways to the Bar; now,

Resolved, that the House of Delegates recommends that the Board of Governors appoint a Voluntary Workgroup to study the feasibility of Oregon State Bar Accredited Law Schools.
 

Financial Impact

The Board of Governors anticipates there will be a budgetary impact based on additional staff time needed to support the volunteer workgroup.

Presenter:
Danny Lang, OSB #790078, Ex-Officio Delegate, Region 3

Whereas, providing equal access to justice and high-quality legal representation to all Oregonians is central to the mission of the Oregon State Bar;

Whereas, equal access to justice plays an important role in the perception of fairness of the justice system;

Whereas, programs providing civil legal services to low-income Oregonians are a fundamental component of the Bar’s effort to provide such access;

Whereas, since 1998, pursuant to ORS 9.572, the Oregon State Bar has operated the Legal Services Program to manage and provide oversight of funds allocated by the State of Oregon for legal aid. This is done in accordance with the Bar’s Standards and Guidelines, which incorporate national standards for operating a statewide legal aid program;

Whereas, Oregon’s legal aid programs do not have sufficient resources to meet the civil legal needs of Oregon’s poor;

Whereas, assistance from the Oregon State Bar and the legal community is critical to maintaining and developing resources that will provide low-income Oregonians meaningful access to the justice system; now, therefore be it

Resolved, that the Oregon State Bar:

(1) Strengthen its commitment and ongoing efforts to improve the availability of a full range of legal services to all citizens of our state, through the development and maintenance of adequate support and funding for Oregon’s legal aid programs and through support for the Campaign for Equal Justice.

(2) Request that Congress and the President of the United States make a genuine commitment to equal justice by adequately funding the Legal Services Corporation, which provides federal support for legal aid.

(3) Work with Oregon’s legal aid programs and the Campaign for Equal Justice to preserve and increase state funding for legal aid and explore other sources of new funding.

(4) Actively participate in the efforts of the Campaign for Equal Justice to increase contributions by the Oregon legal community, by establishing goals of a 100% participation rate by members of the House of Delegates, 75% of Oregon State Bar Sections contributing, and a 50% contribution rate by all lawyers.

(5) Support the Oregon Law Foundation and its efforts to increase resources through the Interest on Lawyers Trust Accounts (IOLTA) program, and encourage Oregon lawyers to bank with financial institutions that are OLF Leadership Banks, meaning that they pay the highest IOLTA rates.

(6) Support the Campaign for Equal Justice in efforts to educate lawyers and the community about the legal needs of the poor, legal services delivery and access to justice for low-income and vulnerable Oregonians.

(7) Encourage Oregon lawyers to support civil legal services programs through enhanced pro bono work.

(8) Ensure continued funding for critical immigration legal services so that the most vulnerable Oregonians are provided legal representation.

Submitted by:
Peter A. Werner, OSB# 091722, HOD Region 1
Maureen McGee, OSB #120215, HOD Region 5
Kristie Gibson, OSB #990528, HOD Region 2
Vanessa Nordyke, OSB# 084339, HOD Region 6, OSB Past President 2018
Victory Walker, OSB #014483, HOD Region 3
Heather Decker, OSB# 962589, HOD Region 7

Whereas, the mission of the Oregon State Bar is to serve justice and the public interest by promoting respect for the rule of law, by improving the quality of legal services, and by increasing access to justice; and,

Whereas, the Oregon Judicial Branch has adopted a Justice Campaign for 2024-2027 continuing four commitments to the people of Oregon: (1) to improve services and outcomes of people who are underserved or vulnerable; (2) to improve access to justice by eliminating barriers and continuing to leverage technology; (3) to enhance the public’s trust and confidence in Oregon’s state government and the Judicial Branch; and (4) to create a workplace and courthouse culture that is welcoming and inclusive where all people are treated with respect and dignity; and,

Whereas, the Chief Justice has based her budget requests for the Oregon Judicial Department on needs and services identified through that strategic planning process, and the Oregon Legislative Assembly has based many of its funding decisions on the priorities established in the Strategic Campaign; and,

Whereas, the Justice Campaign will need adequate resources for courts to respond to court users who have mental and behavioral health challenges, continue collaborative initiatives to better serve self-represented litigants, expand outreach and transparency efforts, continue using data-driven performance measures, continue to assist in finding solutions to the unrepresented persons crisis in Oregon, and ensure that judges and court staff have the training and education needed to address the needs of the people they serve, now, therefore, be it

Resolved, that we applaud the Legislative Assembly for its support of the Oregon Judicial Department’s strategic priorities; we request that the Assembly continue to improve funding to provide necessary court services, improve compensation to attract and retain highly qualified judges, provide safe and secure court facilities, and otherwise support the goals of the Justice Campaign; and we further encourage all members of the Oregon State Bar to thank legislators for funding the Judicial Branch and continue to urge their support for the Chief Justice’s Recommended Budget for the Oregon Judicial Department.

Submitted by:
Vanessa Nordyke, OSB# 084339, HOD, Region 6, OSB Past President 2018
David Wade, OSB# 931217, HOD, Region 2, OSB Past President 2021
Brent Barton, OSB# 062698, HOD, Region 4

Whereas, The Oregon State Bar currently has the highest bar dues in the country, which imposes a significant financial burden on its members; and

Whereas, High bar dues disproportionately affect solo practitioners and small law firms, who often have limited financial resources compared to larger firms; and

Whereas, These increased financial pressures can lead to a decrease in the number of solo and small law firms, which in turn can reduce access to legal services in rural and underserved areas; and

Whereas, Solo and small firm practitioners play a critical role in serving diverse and marginalized communities and providing affordable legal representation to individuals and businesses across Oregon; therefore, be it

Resolved, That the Oregon State Bar shall establish a committee to investigate why Oregon has the highest bar dues in the country, explore the impacts of high bar dues on solo practitioners and small firms, and propose actionable solutions to reduce the cost of bar dues while maintaining the Bar’s essential functions and services.

Financial Impact

This committee should be staffed with volunteers so as to minimize additional costs to the Bar.

Submitted by:
Mario Musil, OSB# 206766, HOD Region 7

Whereas, The Oregon State Bar Professional Liability Fund (PLF) currently holds a mandated statewide monopoly on primary malpractice insurance for all bar members; and

Whereas, Oregon is the only state in the entire country that requires attorneys to carry malpractice insurance as a condition of practicing law and it is also the only state in the country with a mandated monopoly insurance carrier; and

Whereas, This lack of competition allows a single entity to control prices and the terms of coverage, limiting options for Oregon attorneys; and

Whereas, PLF premiums are significantly higher, and the policy provisions are less comprehensive compared to what is available through private insurance markets; and

Whereas, Many attorneys, particularly solo practitioners and small law firms, are financially burdened by the high cost of PLF coverage, which may also limit their ability to grow their practices, serve their communities, and provide legal services to marginalized and underserved populations; and

Whereas, Allowing bar members to obtain malpractice insurance from private insurers—so long as the coverage is equal to or exceeds that provided by the PLF—will promote competition, potentially lowering premiums and improving the terms of coverage; therefore, be it

Resolved, that the Oregon State Bar shall establish a committee to explore and propose the feasibility of allowing bar members to obtain primary malpractice insurance from private insurers, provided that the coverage meets or exceeds the protections currently offered by the Oregon State Bar Professional Liability Fund (PLF).

Financial Impact

This committee should be staffed with volunteers so as to minimize additional costs to the Bar. The Board of Governors anticipates there will be a budgetary impact based on additional staff time needed to support the volunteer workgroup.

Submitted by:
Mario Musil, OSB# 206766, HOD Region 7

Whereas, military service is vital to the perpetuation of freedom and the rule of law; and

Whereas, thousands of Oregonians have served in the military, and many have given their lives; now, therefore, be it

Resolved, that the Oregon State Bar hereby extends its gratitude to all those who have served and are serving in the military, and further offers the most sincere condolences to the families and loved ones of those who have died serving their country.

Presenter:
Myah Kehoe, OSB# 084378, 2024 OSB President-Elect

Resolved, that the OSB House of Delegates and members assembled stand for a moment of silence in honor of the members of the Oregon State Bar who have died since the 2023 House of Delegates Meeting.

Presenters:
Kyle Sciuchetti, BOG Region 8
John Marandas, BOG Region 7
Kellie Furr, BOG Region 5