February 22, 2013 - Oregon State Bar

OREGON STATE BAR
Board of Governors Agenda
Meeting Date: February 22, 2013
From:
David Wade, Chair, Governance and Strategic Planning Committee
Re:
BOG Role in Reinstatements
Action Recommended
Approve the recommendation of the Governance and Strategic Planning Committee to
delegate to the Executive Director the authority to review formal reinstatement applications in
certain cases.
Background
There are several types of reinstatement applications, two of which can come before
the BOG under existing rules:
• formal applications (BR 8.1 1 ) in which lawyers seek reinstatement after more
than five years of voluntary resigned or inactive status, or disciplinary suspension
greater than six months. These applications are given a high degree of scrutiny
by staff and are presented to the BOG for discussion. The BOG then makes a
recommendation to the Supreme Court, the final decision-maker; and
• informal applications (BR 8.2), in which lawyers seek reinstatement after less
than five years of voluntary resigned or inactive status, or after an administrative
suspension (for not complying with bar dues, PLF or IOLTA requirements) that
has lasted more than six months. Staff investigation into these applications is not
as comprehensive as with the formal applications and the results are submitted
to the Executive Director, who can approve them if everything looks in order.
The BOG reviews these application only If the ED has a question whether an
applicant has the requisite character and fitness. The BOG can then either
reinstate the applicant or make a recommendation to the Supreme Court that
2
the application be approved with conditions or denied.
Currently, the BOG’s only direct participation in the regulation of lawyers is reviewing formal
reinstatement applications. 3
1 References are to the Bar Rules of Procedure which are adopted by the Board and approved by the Supreme
Court pursuant to ORS 9.005(8) and ORS 9.542.
2 BR 8.2(e) provides that: “If the Executive Director is unable to determine from a review of an informal application
and any information gathered in the investigation of the application that the applicant for reinstatement has [good
moral character and general fitness to practice law and that the resumption of the practice of law in this state by
the applicant will not be detrimental to the administration of justice or the public interest], the Executive Director
shall refer the application to the Board for consideration, with notice to the applicant.”
3 The BOG participates indirectly in its general oversight of the bar’s regulatory functions and in recommending
changes to the Rules of Procedure that govern disciplinary cases.