February 22, 2013 - Oregon State Bar

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Board of Governors Memo — Amending Appellate Selection Bylaws November 10, 2013 Page 4 professional experience, judicial temperament, diligence, health, financial responsibility and public service. The Board will then determine the final list of candidates to submit to the Governor. (e) A lawyer who seeks appointment to the same position within two years of first having received a “[suitable for consideration by the Governor status] highly qualified” rating will not be required to submit another application or to be re-interviewed. [Candidates in this category must inform the Board of any changes in information previously submitted.] The Board [reserves the right to] will request [and receive additional] those candidates to update the previously submitted information [from any candidate] prior to deciding whether to resubmit the candidate’s name to the Governor. [The chair of the Board’s Committee on the Judiciary (along with members of the committee as determined by the committee) will also provide a written or oral summary of the committee’s information about each candidate to the Office of General Counsel for the Governor. The summary will also include comments regarding candidates not submitted for consideration.] ([c] f) [The Board will appoint on a yearly basis, pursuant to Subsection 2.102 of the Bar’s Bylaws, a committee to make candidate qualification recommendations to the Board using the criteria set forth in this section.] Meetings of the committee, including interviews of candidates, are public meetings, except for portions of meetings during which reference reports are presented and discussed. The term "reference reports," for purposes of this section, means information obtained by committee members and staff from persons listed as references by the candidates and information obtained by committee members and staff from other persons knowledgeable about candidates as part of the candidate background check process. Discussion of reference reports by the committee and the Board will be [The committee will discuss reference reports] in executive session pursuant to ORS 192.660(1)(f). [The committee will vote on its recommendations to the Board in a public meeting. The selection process will include, but is not limited to, review of the written applications; interviews of each candidate, unless waived; contacts with judges or hearings officers before whom the candidate has practiced; contacts with opposing counsel in recent cases or other matters; contacts with references; and review of writing samples.] Bylaw 2.700 suggests that the Board will participate in judicial selection only upon request: Section 2.7 Judicial Selection Subsection 2.700 General If requested by the appropriate appointing authority, the Board will participate in a state or federal judicial selection process. Any poll conducted by the Bar will be for informational purposes only and will not constitute the official position of the Bar. Certified election results will be made available as promptly as possible to the press, to the candidates, to the appointing authority and otherwise as the Board may direct. That language has been in the bar’s regulations for many years. The committee recommends amending it to clarify that the Bar will conduct its own processes regardless of whether the appointing authority wants the Bar’s input. The committee recommends that Bylaw 2.700 be revised as follows:
Board of Governors Memo — Amending Appellate Selection Bylaws November 10, 2013 Page 5 The Bar plays an important role in state and federal judicial selection by conducting preference polls for contested elections and for circuit court appointments, and by interviewing and evaluating candidates for appellate court appointments. Any poll conducted by the Bar is for informational purposes only and will not constitute an official position of the Bar. Results of evaluations and polls will be made public as soon as practicable to the press, the candidates and the appointing authority.
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February 22, 2013 - Oregon State Bar

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