2011COMMITTEE & SECTION - Oregon State Bar

2011 COMMITTEE 

& SECTION 

Annual Reports

2011 Committee and Section Annual Reports 

The Oregon State Bar would like to thank all Committee and Section volunteers for their service. 

Committees and Sections are vital to the ability of the bar to provide both member and public services and to 

keep the organization responsive to the needs of its members, the courts, and the bar. To all 2011 Committee 

and Section members, thank you for your time and expertise. 

COMMITTEES 

Table of Contents 

Affirmative Action Committee............................................. 1 

Client Security Fund Committee......................................... 1 

Federal Practice and Procedure Committee.................. 2 

Judicial Administration Committee.................................... 2 

Legal Ethics Committee......................................................... 3 

Legal Heritage Interest Group.............................................. 3 

Legal Services Committee.................................................... 4 

MCLE Committee..................................................................... 4 

New Lawyer Mentoring Committee.................................. 6 

Procedure and Practice Committee................................... 6 

Pro Bono Committee............................................................... 7 

Public Service Advisory Committee.................................. 8 

Quality of Life Committee...................................................... 8 

State Lawyers Assistance Committee............................10 

Uniform Civil Jury Instructions Committee .................10 

Uniform Criminal Jury Instructions Committee...........11 

Unlawful Practice of Law Committee..............................11 

SECTIONS 

Administrative Law Section................................................13 

Agricultural Law Section......................................................13 

Alternative Dispute Resolution Section .........................13 

Animal Law Section...............................................................14 

Antitrust and Trade Regulation Section.........................15 

Aviation Law Section.............................................................15 

Business Litigation Section.................................................16 

Civil Rights Section................................................................ 17 

Computer and Internet Law Section...............................18 

Constitutional Law Section.................................................18 

Consumer Law Section........................................................19 

Corporate Counsel Section.................................................20 

Criminal Law Section............................................................20 

Diversity Section ....................................................................21 

Environmental and Natural Resources Section...........23 

Estate Planning & Administration Section....................24 

Family Law Section................................................................25 

Government Law Section....................................................25 

Health Law Section................................................................26 

Indian Law Section.................................................................27 

Intellectual Property Section...............................................28 

Juvenile Law Section.............................................................28 

Labor and Employment Section........................................30 

Products Liability Section....................................................30 

Real Estate and Land Use Section................................... 31 

Securities Regulation Section............................................32 

Sole and Small Firm Practitioners Section....................34 

Sustainable Future Section.................................................34 

Taxation Section..................................................................... 36 

Workers’ Compensation Section .....................................37 

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Oregon State Bar 

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COMMITTEES 


Affirmative Action Committee 

Activities and accomplishments: 

OLIO is a major activity of the AAC and the 2011 

OLIO was a very successful event, as were the Spring 

Social and BOWLIO. The new location for OLIO has 

been working out very well and it has been booked 

for next year. The dates for 2012 are August 9 – 12. 

The Convocation on Equality was a major focus 

of activity this year and it was a wonderful event. 

It brought together many people who have been 

working on diversity issues in various capacities and 

was both educational and a chance for celebration 

and planning. 

Two areas of focus for the AAC this year were 

Pipelining and looking at disparity in Bar exam 

passage rates. Bar staff made significant efforts 

in pipelining. The Explore the Law program that 

Mariann is implementing with Portland State 

University looks like it will be a great program. Toni 

Kelich is working with the Classroom Law Project 

to identify areas where the Bar and AAC can work 

with them to increase pipelining opportunities. We 

shared materials on bar passage rate disparities and 

created a subcommittee to work with the Board of 

Bar Examiners to develop more reliable data on who 

takes and passes the Bar exam. 

The AAC and Diversity Section began discussions 

about how to coordinate and support each other. 

The First Year Internship program has had only 

one employer participant in the past couple of 

years, although many students apply. The AAC 

decided to put the program on hiatus until the 

economy improves and some effort can be put in to 

determining whether the is a role for the program. 

We will contact the participating employer to see if 

we can continue to match a student. 

Matters considered/Matters pending: 

Both the pipelining efforts and the Bar passage 

disparity work remain on-going, as does coordination 

with the Diversity Section. The pipelining 

subcommittee needs some additional members. 

Most of the pipelining work is being done by Bar 

staff and the AAC could provide more support. 

The OLIO subcommittee has functioned 

somewhat independently from the main AAC. It 

might be energizing to the AAC if there were more 

coordination and involvement of the AAC and the 

subcommittee. 

The Strategic Plan Mariann Hyland is developing 

will be very important for the AAC to define its role 

in Diversity and Inclusion matters for the Bar. 

Respectfully submitted: Linda Meng (CH), 

Christina Thacker (SEC), Amanda J. Austin, David F. 

Bartz, Eric Catherman, John M. Haroldson, Roland 

H. Iparraguirre, Judge Angel Lopez, Mavel Morales, 

Janice R. Morgan, Margie Paris, Thomas J. Rastetter, 

Liani JH Reeves, Michelle Gates Rudd, Neisha A. 

Saxena, Joelle Tavan, Lauren E. Winters, Bryne A. 

Moore (PM), Paulette Wtanabe (PM), Audrey T. 

Matsumonji (BC), Mariann Hyland (BL). 

Client Security Fund Committee 


The Client Security Fund Committee (CSF 

Committee) reviews claims of clients who lawyers 

have misappropriated their money or other property. 

The CSF Committee discharges its duties by 

investigating claims and, in appropriate cases, 

recommending to the Board of Governors that a 

client be reimbursed for some or all of the loss. 

The Fund is comprised entirely of annual member 

assessments (currently $15) and earnings on 

invested reserves. The reserve is maintained at a 

minimum level of $500,000. The maximum award 

is $50,000 on any one claim. Clients are expected 

to exhaust their remedies against the lawyer before 

seeking an award from the Fund. In exchange for a 

reimbursement from the Fund, claimants assign all of 

their rights against the defalcating lawyer; the OSB 

attempts to recoup on those assigned claims to the 

extent possible. 


In 2011, the CSF Committee received 27 new 

claims. On the Committee’s recommendation, the 

BOG approved awards in 22 cases, 11 of which were 

carried over from 2010 and one carried over from 

2009. The awards ranged from $430 to $50,000 

and totaled $115, 111.95. 

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Recommendations for 2012: 

Continue reviewing claims. Review fund reserve 

and, if appropriate, recommend an increase in the 

CSF assessment to the Board of Governors. 

Any other comments: 

The Client Security Fund is an important part of 

the Oregon State Bar’s public protection activities. 

The ability to reimburse clients even in part for losses 

caused by their lawyers, promotes confidence in the 

profession and improves the public view of lawyers. 

Respectfully submitted: Max S. Taggart (CH), 

Theresa L. Wright (SEC), Jane E. Angus, Martin 

Barrack, Steven R. Bennett, Jessica L. Cousineau, 

Christopher J. Eggert, Linda K. Gouge, C Scott 

Howard, Eric A. Kekel, Michael Hugh McGean, 

Elizabeth E. Welch, Carlos G. Calderon (PM), Michael 

E. Haglund (BC), Sylvia E. Stevens (BL). 

Federal Practice and Procedure 

Committee 


In 2011, the committee has continued to work 

with the OSB to increase participation in the US 

District Court pro bono panel, including drafting and 

publishing an advertisement in the OSB Bulletin to 

inform bar members of pro bono opportunities. The 

committee is also researching judicial nominating 

procedures to determine whether the OSB could 

provide input into the selection of federal judges. 

The committee is also involved in exploring whether 

it makes sense for the District of Oregon to adopt 

patent local rules and an exploratory subcommittee 

has been set up for this purpose. Lastly, some 

members of the committee have organized an 

FBA luncheon to discuss the heightened pleading 

standards in federal court, which will take place in 

early 2012. 


The committee will continue to explore how other 

districts handle judicial selection and nomination 

to determine whether this group should undertake 

any role in these activities. The committee has 

organized a federal practice CLE luncheon for early 

2012 and will continue to organize these information 

exchange meetings. The committee will continue to 

explore whether the adoption of local patent rules is 

something that would benefit the bar. 

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Continue working on ways to improve interest and 

involvement in committee service. Participate in any 

future local rule amendment process. Further explore 

whether the OSB could become involved in the 

federal judge selection procedure. Continue working 

with the Bar to facilitate and create information 

exchange opportunities on all issues within 

committee’s charge. Explore the benefits of adopting 

local patent rules. 

Respectfully submitted: R Scott Jerger (CH), Bryan 

D. Beel (SEC), James Baldock, Britney Ann Colton, 

Thomas J. Flaherty, Joseph J. Haddad, Benjamin 

Wright Haile, Calvin L. Keith, Sarah S E Lora, Linda L. 

Marshall, P Andrew McStay, Anna Sortun, Honorable 

John V. Acosta (ADV), Honorable Ann Aiken (ADV), 

Michael E. Haglund (BC), Martha M. Hicks (BL). 

Judicial Administration Committee 


During 2011, JAC met each month except 

during the summer months (July and August) and 

considered the following matters: 

• OJD’s ongoing eCourt project; 

• Oregon Judicial Department’s budget; 

• Expedited civil jury trial project at Multnomah 

County Circuit Court; 

• Legislation changing the civil and criminal court 

fees structure – HB 2710, HB 2712 

• New treatment court in Multnomah County 

regarding homeless people; 

• Multnomah Co. Commissioners’ approval of the 

building of the East County Courthouse; 

• Complex Litigation Courts; 

• Draft Bill LC 2562. 


JAC officers to meet with the Chief Justice to 

identify ways that JAC can support/promote Oregon 

courts and their administration; 

Create and execute a state-wide judicial outreach 

program; 

Monitor various courts’ efforts to develop 

veterans’ courts and create a toolkit/database of 

information regarding the development of these 

courts;


Continue monitoring the following: Oregon 

eCourt, the State’s budget and its impact on the 

courts; developments regarding potential renovation 

of Multnomah County Courthouse and other court 

facilities; other bills relevant to the JAC. 

Respectfully Submitted: Yumi Minagawa O’Neil 

(CH), Nancy Cozine (SEC), Susan G. Bischoff, Susan 

R. Gerber, Dexter A. Johnson, Michael Thomas 

McGrath, Vanessa A. Nordyke, Sean E. O’Day, Robert 

W. Rainwater, Richard A. Roseta, Travis Taylor Sewell, 

Kim Sugawa-Fujinaga, John L. Svoboda, John H. 

Collier (PM), David Wade (BC), Susan Evans Grabe 

(BL). 

Legal Ethics Committee 


The committee worked on thirteen matters 

during the year including new opinions, revisions of 

existing opinions, and consideration of several Rules 

of Professional Conduct. The Board of Governors 

approved six new opinions drafted by the committee 

(Limiting the Scope of Representation, Disclosure 

of Metadata, Receipt of Documents Sent without 

Authority, Disclosing Confidences on Withdrawal, 

Consulting Between Lawyers Not in the Same Firm, 

and Third Party Electronic Storage of Client Materials) 

and one opinion revised by the committee to confirm 

to the amendment of RPC 1.15 (Earned on Receipt 

Fees). 


The committee continues to work on opinions 

dealing with elder law conflicts and appropriate use 

of social media, and on a revised opinion explaining 

a lawyer’s obligations with regard to client files. At 

the request of the BOG, the committee is studying 

whether the RPCs should be amended to prohibit 

discrimination and harassment and whether RPC 

4.4 should be amended to limit a lawyer’s use of 

inadvertently sent documents. The committee is also 

reviewing the rules on advertising with a view toward 

conforming them to the rules in neighboring states. 


The Committee will continue to work on 

its pending projects and any new requests or 

suggestions for opinions, together with any issues 

referred to it by the BOG. 

Respectfully submitted: David J. Elkanich (CH), 

Jet Harris (SEC), Shannon Riordan, Robert G. Burt, 

Peter A. Christoff, Kathleen A. Cushing, Janmarie 

Dielschneider, Susan R. Gerber, Kurt F. Hansen, 

Lori A G Hellis, Michael J. Licurse, Charles Marr, 

William Alexander Masters, Justin N. Rosas, Mark M. 

Williams, Steve D. Larson (BC), Sylvia E. Stevens (BL). 

Legal Heritage Interest Group 


During 2011, the Legal Heritage Interest Group 

scheduled and held four business meetings. 

The January 29 meeting was held at the Oregon 

State Bar. 

The April 2 meeting was held at Miller Nash 

hosted by Wayne Landsverk. 

The June 25 meeting was held at Miller Nash 

after members visiting the Portland Police Museum 

in Downtown Portland. 

The October 22 meeting was held at the Oregon 

State Bar. 


With leadership from Janet Kreft, and the Group 

members assistance in furnishing, the major 

project, “Members Room” at the OSB Center, is 

near completion. The “Members Room” resembles a 

lawyer’s office of the 1930s. In 2011, The Members 

Room received a few valuable books from the OSB 

library; due to its limited space, the Committee 

decided to limit the number of books received. While 

waiting for the final touch of professional assistance, 

the final details about the Members Room are being 

addressed by Janet Kreft. 

Bill Chin and other Group members have 

been and continue to work on the “Oregon Legal 

Professionals of Color Timeline Display.” Bill plans to 

submit a tentative draft and collected Key Names of 

significant legal professionals of color in Oregon. This 

project will take several years because of the need to 

collect hard-to-get historical information and the need 

to verify the accuracy of such information. 


Luke Stanton will be the new Chair. Wayne 

Landsverk will be the new Secretary. 

A CLE subcommittee is formed to organize a CLE 

program in topics relating to legal perspective of 

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Guantanamo Bay. The CLE subcommittee members 

will finalize the specific legal issues for the CLE 

program and the selection of prospective speakers 

and panelists. 

The subcommittee on “Legal Professionals of 

Color Timeline” will continue with new subcommittee 

members. 

The Group, through Paul Nickell, continues to 

solicit articles for the OSB Bulletin that addresses 

historical legal issues. 

Visiting historical sites and holding meetings 

in these locations will continue. Suggestions have 

been made about visiting the Oregon Historical 

Society and the Oregon Police Museum. Members 

also express interest in having the group meetings at 

different locations, such as the Applegate House or 

county historical societies. 

Respectfully submitted: Ning Fu (CH), Luke A. 

Stanton (SEC), Mary Anne Anderson, Robyn Ridler 

Aoyagi, David B. Avison, Christian F. Boenisch, Bill Y. 

Chin, Wayne D. Landsverk, Karen MT Nashiwa, Jamie 

Lynn Pfeiffer, Brandy D. Pirtle, Jason Edward Wolf, 

Elizabeth D. Wright, Paul Martinez (PM), Jay Mullen 

(PM), Tom Kranovich (BC), Paul Nickell (BL). 

Legal Services Committee 


Approved a new method of disbursement of filing 

fee to providers based on the passing of HB 2760. 

Considered how to allocate the unclaimed client 

funds to the providers. 

Received updates regarding the 2011 legislative 

session and impact on legal aid. 

The LSP Committee was asked to investigate an 

inflammatory email sent by a Lane County Law and 

Advocacy Center attorney to legislators in protest of 

changes made to the Oregon Health Plan. 

The LSP Committee approved the 2010 

Achievement and Results Report on Legal Aid in 

Oregon. 


The committee will continue to consider the 

issue of how to disburse the unclaimed client funds 

received by the bar for the legal aid providers. 


Continue to stay informed about what happens 

during the 2012 legislative session and be prepared 

as a committee to take steps to assist in getting the 

most favorable outcome for legal aid. 

Develop a policy concerning how to disburse the 

unclaimed client funds. This includes a percentage 

for disbursement and a percentage for the reserve. 

Continue to stay informed about what is 

happening during the 2012 legislative session and 

be prepared as a committee to take steps to assist in 

getting the most favorable outcome for legal aid. 

Develop a policy concerning how to disburse the 

unclaimed client funds. This includes a percentage 

for disbursement and a percentage for the reserve. 

Respectfully submitted: Scott G. Seidman (CH), 

Amy Edwards (SEC), Michael B. Hallinan, Laurence H. 

Hamblen, Erin Keith Landis, Josh Newton, Honorable 

Eva J. Temple, Cassandra Garrison (PM), Tom 

Kranovich (BC), Judith Baker (BL). 

MCLE Committee 


The Committee reviewed and made decisions on 

requests for review of MCLE administrator decisions. 

The Committee discussed issues facing different 

groups in meeting their MCLE requirements. 

The Committee reviewed and considered changes 

to the following MCLE rules and Regulations; MCLE 

Regulations 3.600; MCLE Rules 5.2(a), 3.3(b), 

5.2(c), 5.4. 


This committee held four meetings during the 

2011 calendar year. These meetings were held 

on March 4th, July 29th, October 14, 2011 and 

December 2nd. Meetings were held in Portland. 

A brief overview of matters considered is provided 

below. 

March 4, 2011 

Member request for review (Thomson): Mr. 

Thomson presented his justification for his appeal 

and requested that he receive full credit for his 

program. The Committee voted unanimously to 

approve the granting of the requested credits. 

Proposed amendments to MCLE Rule 5.2(a) (to 

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mirror proposed changes to Rule 5.4): Ms. Mitchel- 

Markley explained drafting of proposed changes to 

5.2(a), and explained difference in language in rules 

re: course v. class. Revised Rules 5.2 and 5.4 will be 

sent on to P&G Committee. 

Discussion re: MCLE Rule 3.3(b) and Reg. 3.600: 

Following a discussion and a review of materials, 

the Committee determined that clarification of the 

rule was not necessary at this time. However, it was 

suggested that the information discussing the new 

members’ requirements be provided to the Mentor 

attorneys involved in the ONLD Mentoring Program. 

Ms. Cline will contact the Mentoring Program about 

this. 

Letter from Calvin Henry, Oregon Assembly for 

Black Affairs, and response from Sylvia Stevens, 

OSB Executive Director: Following a discussion and 

a review of materials, the Committee members 

agreed that Executive Director Stevens’ letter was an 

appropriate response. 

MCLE/Pro Bono subcommittee: Members from 

the Pro Bono Committee previously attempted to get 

MCLE Committee approval of revisions to the MCLE 

Rules allowing for Pro Bono work credits. Following 

denial of this request, Maya Crawford, Matthew Rizzo, 

Ms. Mitchel-Markley, and Ms. Nickerson volunteered 

to work on a joint-subcommittee to address this 

issue. 

July 29, 2011 

Request for Review - Volunteer Mediation: 

Exploring Pro Bono Opportunities for Government 

Lawyers: Ms. Mitchel-Markley observed that this 

was similar to a job search CLE request that had 

been reviewed last year. Ms. Cline advised that 

in that instance only 1 or 2 credits were granted. 

Ms. Mitchel-Markley moved to uphold Ms. Cline's 

previous decision. The motion to uphold Ms. Cline’s 

previous decision rejecting credit was unanimous. 

Request for clarification re: Legal Research/Writing 

Credit: The Committee’s opinion was to not revise or 

clarify rule at this time. 

Member comment re: access to justice credit 

requirement: The Committee recognized the 

member’s desire to have A/J credits carry forward. 

MCLE/Pro Bono Subcommittee meeting of 

6/15/11: The Joint Subcommittee met on June 

15, 2011. The Committee was in agreement that 

pro bono work is a noble endeavor, but there is 

no agreement that it is appropriate to grant MCLE 

credits for pro bono representation. 

• The follow recommendations were suggested for 

the joint subcommittee: 

• Waiving fees for MCLE credits for pro bono 

attorneys. 

• Free CLE credits for individuals who agree to do 

pro bono. 

• CLE credits for pro bono training programs. 

October 14, 2011 

Request from Uniform Criminal Jury Instructions 

Committee: Mr. Land discussed the handout 

materials and the UCJI Committee’s request. Ms. 

Mitchel-Markley inquired as to whether this request 

was for credits for this year only, or if this was an 

on-going request that would require revisions to Rule 

5.2. Mr. Land advised that this was a request for 

credits every year. Ms. Cline suggested looking at 

other committees’ charges to determine if there was 

an educational element to the committee work. No 

further action will be taken at this meeting, but the 

matter will be reviewed at the December meeting. 

Waiving fees for MCLE credits for pro bono work/ 

attorneys: The following recommendations were 

previously suggested for the MCLE/Pro Bono joint 

subcommittee: 1. Waiving fees for MCLE credits 

for pro bono attorneys, 2. Free CLE credits for 

individuals who agree to do pro bono. Maya Crawford 

of the Pro Bono Committee previously advised that 

coupons had been issued in the past if attorneys had 

completed 40+ hours of pro bono work a year, but 

that this had been discontinued. Denise thought this 

was an issue for OSB CLE Seminars, not the MCLE 

Committee, and will check into issue of coupons/ 

waivers in the past. The MCLE Committee members 

had no further input on this issue. 

December 2, 2011 

Request for review from Patent Resources Group: 

Ms. Cline explained that she still needs information 

showing discussion requirements that meet MCLE 

Rule 5.5. The Patent Resources Group will provide 

additional information to Ms. Cline in writing. 

Request from Uniform Criminal Jury Instructions 

Committee – additional information: Since the 

last meeting, Ms. Cline has accumulated other 

committees’ charges to determine if there was an 

educational element to the committee work. The 

committee members agreed that UCJI and UCrJI 

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committee members could individually seek credit on 

a case by case basis. Ms. Cline will explain this to the 

committees. 

Request from Pro Bono Committee – additional 

information: Ms. Cline explained the additional 

information she received regarding the previously 

issued vouchers. A motion was approved to take 

no further action on this matter until the Pro Bono 

Committee brings forth additional information or 

makes another request of the MCLE Committee. The 

members voted unanimously in favor of the motion. 


In the year ahead the Committee will continue to 

assist the MCLE administrator with the evaluation of 

requests for review of the administrator’s decision 

concerning CLE accreditation and earned credits by 

program providers and Bar members. 

The Committee will continue to evaluate and 

recommend revisions to the MCLE rules on an asneeded 

basis. 

Respectfully submitted by: Melissa Trefla Cribbins 

(CH), Caitlin Mitchel-Markley (SEC), Cecelia L. Batlan, 

Stephen Christopher Bush, Heyke G. Nickerson, 

Charles M. McNair, John H. Kilian (PM), Matthew H. 

Kehoe (BC), Denise Cline (BL). 

New Lawyer Mentoring Committee 


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• Finalized and approved the 2011 NLMP 

curriculum and handbook 

• Oversaw the launch of the NLMP for the first 

two “classes” of participants 

• Established three subcommittees: 1) Mentor 

Screening and Eligibility; 2) Program Evaluation; 

and 3) Program Completion and Certification 

• Recommended a change to the Supreme Court 

Rule to make certain levels of past discipline a 

factor in mentor eligibility 

• Assisted in mentor recruitment and the 

development of ongoing strategies for same 

• Volunteered for a series of speaking 

engagements in support of recruitment efforts 

• Advised staff on a variety of communications, 

education and outreach matters 

• Reviewed all volunteer mentors before 

forwarding to the BOG and Court for approval 


The committee considered an exemption for 

active duty JAG members, concluding that the 

matter is effectively handled through the existing 

deferral and exemption mechanisms. 


Continue to aggressively develop and support 

mentor recruitment efforts 

Oversee a thorough review of the first year of the 

NLMP and recommend program or policy changes 

Consider several issues related to how mentors 

are screened, recommended and approved. 

Create system for NLMP completion, review, 

certification, and when necessary, extensions or 

suspensions. 

Respectfully submitted: Andrew M. Schpak (CH), 

Gerry Gaydos, Jeffrey Alan Howes, Honorable Dennis 

J. Hubel, Dennis C. Karnopp, Christopher Lombard, 

Phylis Chadwell Myles, Maureen Claire O’Connor, 

Stephen V. Piucci, Philip Schradle, Ali D. Seals, Ross 

M. Williamson, Andrea J. Anderly (Ex Officio), Kateri 

Walsh (BL). 

Procedure and Practice Committee 


In 2011 the Committee reviewed and monitored 

legislation from the 2011 Legislative Session, as well 

as the activities of the UTCR Committee, the E-court 

Task Force, the Council on Court Procedures and the 

Oregon Law Commission. 


This Committee considered and opposed SB 876 

and HB 3525. The Committee supported S 404. 

The Procedure & Practice Committee has liaison 

assignments with the following groups: 1) Uniform 

Trial Court Rules (UTCR), 2) Council on Court 

Procedures (CCP) and the 3) E-Court Task Force. 

Each of these committees had meetings in which P 

& P members attended and participated. 


The Committee intends to look further into the 

creation of an E-court. The Committee will continue 

to explore issues that affect the practice of law that 

arise out of the legislative process and case law.


Furthermore, the committee will continue to provide 

liaison to the Council on Court Procedures, Chief 

Justice’s Civil Law Advisory Committee, UTCR, and 

the Oregon Law Commission. 

Respectfully submitted: Paul Bovarnick (CH), 

Michael B. Hallinan (SEC), Elleanor H. Chin, Craig M. 

Cowley, Dirk E. Doyle, Wm Keith Dozier, Katherine 

Heekin, Matthew L. Jarvis, Theresa M. Kohlhoff, 

Charles Marr, Eric Thomas McCormick, Steven D. 

Olson, Jason M. Pistacchio, Jason L. Posner, Steve D. 

Larson (BC), Matthew Shields (BL). 

Pro Bono Committee 


Law Student Involvement Subcommittee: The 

subcommittee maintained operation of the online 

bulletin board it created the previous year, and 

explored techniques for statistical analysis and 

publication of the service. 

Pro Bono Week Subcommittee: As last year, this 

subcommittee organized and presented the Pro 

Bono Week fair in the last week of October. This fair 

included several CLEs, and was attended by three 

Oregon Supreme Court judges and approximately 

200 Oregon attorneys. 

CLE Credit for Pro Bono Subcommittee: The 

mission of this subcommittee is to get Bar approval 

for a rule that would allow attorneys to receive CLE 

credit for providing pro bono representation in a civil 

matter. Such a rule would encourage attorneys to 

engage in pro bono services. The Subcommittee 

worked with the MCLE Committee to see if the two 

Committees could find common ground for a rule 

change. 

Pro Bono Publicity Subcommittee: This 

subcommittee publicized awards for the Pro Bono 

Fair, and looked into creating a new pro bono award 

to be granted by the Bar. 

Certified Programs Expansion Subcommittee: 

The Oregon Bar’s unique Pro Bono Certification 

program allows legal service organizations to offer 

professional liability coverage for otherwise exempt 

attorneys who wish to engage in a pro bono 

practice. Certified Pro Bono Programs all undergo an 

application process and follow certain guidelines that 

ensure that adequate support exists for the attorneys 

offering pro bono assistance and that client needs 

are met. 


The Law Student Involvement Subcommittee will 

continue in a limited capacity. The purpose will be to 

keep tabs on the usage of the bulletin board by both 

students and practitioners. 

The CLE Credit for Pro Bono Subcommittee will 

continue its work with the MCLE Committee to work 

for implementation of an acceptable rule. 

The Certified Programs Expansion Subcommittee 

will continue its work. 

The Pro Bono Publicity Subcommittee will 

continue its work to look at creating a new Bar 

award. Alternately, the subcommittee could devote 

itself to choosing nominees for existing awards on 

the basis of pro bono activities, and writing articles 

for the OSB Bulletin, MBA newsletter, or other 

publications, highlighting pro bono activities. 

The Pro Bono Fair/Pro Bono Week Subcommittee 

will continue its work. 


A task force may be created to explore the 

concept of allotting pro bono work to new and 

underemployed attorneys throughout the state. In 

the event that this occurs, this committee should 

issue a subcommittee to participate in those policy 

discussions. 

In light of recent budget cuts to Legal Aid Services 

of Oregon and declining IOLTA interest rates, the 

committee should discuss additional ways to support 

legal services for underserved populations. 

Late in 2011, this committee was contacted 

by Allison Reynolds of the U.S. Department of 

Agriculture about seeking pro bono attorneys to 

represent potential claimants in a discrimination 

settlement over USDA farm loans. The committee 

should follow up with representatives of the USDA to 

publicize the availability of these claims and to ensure 

counsel for the claimants. 

Respectfully submitted: Jay Bodzin (CH), Traci 

Renee Ray (SEC), Jennifer Lee Coughlin, Maya 

Crawford, Jessica T. Hamilton, Karen E. Hobson, Philip 

Alan Johnson, Lissa K. Kaufman, Brett V. Kenney, E 

Susan O’Toole, Justin C. Sawyer, Brantley Shumaker, 

Andrea H. Thompson, Elijah Van Camp, Meredith 

Lee Williamson, Sarah A. Winter Whelan, Lori Alton 

(ADV), Sharon M. Brown (ADV), Jenifer S. Billman 

(BC), Catherine Petrecca (BL). 

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Public Service Advisory Committee 


In 2011, the PSAC continued its focus on the 

Oregon State Bar’s (Bar) public service priorities, 

including how to advance the Bar’s public outreach 

goals. 

The Lawyer Referral Service Program (LRS 

program) continued to be a major focus of the 

committee. The PSAC considered proposals for a 

new funding model for the LRS program, focusing 

on a percentage fees revenue model. To develop 

this model, the PSAC reviewed models used in other 

states and worked with the Board of Governors 

(BOG) and Bar staff. The PSAC also met with focus 

groups of attorneys who participate in the LRS 

program to discuss the percentage fees revenue 

model, and to gather input regarding other possible 

changes to the LRS program policies and procedures 

(e.g. referral notice procedures, rural locations codes). 

By initiating a review of whether to introduce 

certain fee waivers into the Modest Means Program 

and whether to expand this program to include 

other substantive legal areas (e.g. consumer law), 

the PSAC worked to enhance the success of the 

Modest Means Program in providing affordable legal 

assistance to Oregonians. 

The PSAC also supported making specialty legal 

publications (e.g. small claims court representation) 

available for free download on the Bar’s website. 


The PSAC will continue to meet with attorneys 

who participate in the LRS program in order to best 

develop a percentage fees revenue model proposal. 

The PSAC will also work to complete the update of 

all the Bar’s legal education materials for the public, 

and to complete a review of possible expansion of 

the Modest Means Program. 


The PSAC will continue to monitor access to 

justice issues in Oregon and advise the BOG and 

Bar staff on public service priorities. The PSAC 

will complete its review of issues related to the 

development of a percentage fees revenue model for 

the LRS program and present its recommendations 

to the BOG. The PSAC will continue to review 

LRS program policies and procedures for possible 

improvements. The PSAC will continue to update the 

Bar’s legal education materials for the public. The 

PSAC will continue to support initiatives to enhance 

the Modest Means Program and the Military 

Assistance Panel, and to support the Bar’s Legal 

Links Cable Program. 

Respectfully submitted: Douglas L. Tookey (CH), 

Dexter A. Johnson (SEC), Jill E. Brittle, Audrey J. 

Broyles, Erin K. Fitzgerald, Sarah E. Harlos, Bruce B. 

Harrell, Jodee Jackson, William M. Jones, Jennifer 

C. Li, Nathan J. Ratliff, Brenda Terreault, Daniel Boyd 

Griffith (PM), Ann L. Fisher (BC), George D. Wolff (BL). 

Quality of Life Committee 


The Quality of Life Committee (“The Committee”) 

met six times in 2011. The Committee began its work 

by reviewing the Committee’s Charge, discussing 

goals for the year, and slotting new members 

into Subcommittees. The Committee’s goals and 

accomplishments for 2011 are as follows: 

Goal 1: Focus on the websites and specifically: 

(1) merge the two websites into one; (2) update 

and revise the website so that it contains an article 

archive, calendar with information about upcoming 

meetings and presentations, links to outside 

resources, and a suggestion box. 

The Committee was able to make significant 

progress in accomplishing this goal. The Committee 

(with the help of OSB Staff) merged the two 

websites into one. The Committee also updated 

the basic information contained on the website 

and added a video of the “How to Work a Room” 

program presented at Lewis and Clark in 2010. The 

Committee also added a calendar which provides the 

details for each upcoming program sponsored by the 

Committee. 

However, there is still work to do. We think it 

would be great to establish and build a database of 

the articles the Committee has published in the OSB 

Bulletin, and to build an archive of model policies 

(including telecommuting and sabbatical policies). 

Goal 2: Review the results of the 2010 Survey and 

consider shaping programs and/or articles in order 

to focus on the issues commonly identified in the 

2010 Survey. 

The 2011 Committee reviewed and talked about 

the results of the survey and created a subcommittee 

called the Work/Life Balance Subcommittee. The 

8


2011 Committee urges the 2012 Committee to 

perform another review of the survey results and 

then decide what additional programs or articles 

would be beneficial to the bar. It may also be helpful 

to post the survey results on the Committee website. 

Goal 3: Continue to present programs at Oregon 

law schools and aspire to present at least one 

program at all three law schools in 2011. 

The Committee is proud to say that it presented a 

program at each of the Oregon law schools in 2011: 

On October 5th, Kellie Johnson, Shawn Menashe, 

and Committee Chair Andrew Schpak presented a 

program entitled “How to Work a Room” at Lewis 

and Clark Law School. The program was wellattended 

and followed by a social/networking event 

at which the law students could put the networking 

tips to use. 

On November 16, Committee Secretary Kevin 

Myles and Committee Member Kyle Dukelow 

presented a program entitled “Preparing for a 

Satisfying Career in the Law” at Willamette. The 

panelists shared insights with soon-to-be-lawyers 

about the paths they took and what they learned 

along the way. 

On September 22, Committee Member Kyle 

Dukelow as well as Marianne Dugan and Scott Lucas 

presented a program entitled “How to Work a Room” 

at the University of Oregon. 

Goal 4: Select topics and identify authors to draft 

articles on Quality of Life issues for publication in the 

OSB Bulletin. 

Kevin Myles is in the process of writing an article 

on volunteerism and how it causes some attorneys to 

transition out of private practice. He is still performing 

interviews but the article will be submitted to the 

OSB Bulletin for publication soon. 

In addition, Committee Member Heather Decker 

has completed an article on Relaxation Breathing. 

Committee Member Kali Tara has completed an 

article on Stress Reduction Through Mindfulness. 

Both of these articles will be submitted soon. 

Goal 5: Reinvigorate the Transitions in the Practice 

of Law Subcommittee by broadening its scope to 

include all transitions in a lawyer’s career (not just the 

transition out of practice into retirement or incapacity, 

but also transition from law student to lawyer, 

associate to partner, etc.) and by following up with 

the BOG about the status of the Senior Lawyers’ Task 

Force proposal. 

Committee Member Pat Ehlers is organizing a 

program on Sabbaticals which will be presented as a 

brown bag lunch in early 2012. 

Committee Members Kali Tara and Heather 

Decker will be presenting a CLE program on Work 

and Career Transitions on February 24, 2012 at 

the OSB Center. Nancy Potter Wasmer also will be 

presenting as part of that program. 

The Committee also will present a program at the 

OSB Center entitled “10 Minute Stress Reduction 

Strategies.” The strategies include relaxation 

breathing, chair yoga, and meditation. If it is 

successful, the Committee may present the program 

again downtown. 

With respect to the Senior Lawyers’ Task Force 

proposal, the BOG said that they were focusing their 

resources and energy on the New Lawyer Mentoring 

Program in 2011 so this might be an issue that the 

Committee revisits with the BOG in 2012. 


The 2011 Committee proposes a few goals for the 

2012 Committee: 

Retain the current Goals set forth in the 

Committee Charge; 

Focus on the website by adding additional 

resources, including a database of the articles the 

Committee has published in the OSB Bulletin, an 

archive of model policies (including telecommuting 

and sabbatical policies), and a “suggestion box;” 

Continue to present programs at Oregon law 

schools and aspire to present at least one program at 

all three law schools in 2012; 

Select topics and identify authors to draft articles 

on Quality of Life issues for publication in the OSB 

Bulletin; and 

Revisit/follow-up on the Senior Lawyers’ Task 

Force proposal to the BOG 

Review the results of the Survey and grow the 

new Work/Life Balance Subcommittee through 

programs and CLEs directed to the bar at large. 

Respectfully submitted: Andrew M. Schpak (CH), 

Kevin Milton Myles (SEC), Heather Wright Decker, 

Kyle B. Dukelow, Patrick Joseph Ehlers, Caroline 

Louise Smith, Kali Samaya Tara, Damon F. Tempey 

(PM), Douglas S. Querin (OAAP), Tanya R. Hanson 

(PLF), Barbara M. DiIaconi (BC), Stacy J. Hankin (BL). 

9


State Lawyers Assistance Committee 


During 2011, the committee received 

approximately 6 new traditional referrals from 

attorneys, judges, the SPRB, and members of the 

public. Each referral was investigated in accordance 

with the OSB Bylaws and the SLAC authorizing 

statute, ORS 9.568. The committee continues 

to accept jurisdiction and to monitor remedial 

programs for several attorneys. Much of the business 

conducted by the committee involved confidential 

discussions surrounding these cases. Those 

confidential discussions cannot be revealed in this 

report. 

Additionally, the committee evaluates and 

monitors lawyers who are referred from Disciplinary 

Counsel’s Office (DCO) as part of the conditional 

admission/reinstatement and diversion/probation 

process. In 2011, the Committee took on the role 

of monitor for three lawyers who were placed on 

probation, one lawyer who entered into a diversion 

agreement and three lawyers who were conditionally 

admitted to practice. 

SLAC continues to utilize the assistance of former 

committee members and attorneys throughout the 

state to assist in monitoring lawyers in areas where 

the current members don’t reside/practice, such as 

the coast, LaGrande, and Bend. 


SLAC has been developing a community/lawyer 

outreach advertisement to enhance understanding of 

SLAC’s role in the Bar. 


Continue to look for and implement improvements 

to the SLAC monitoring process such that SLAC 

becomes a reliable and skilled resource for 

monitoring agreements between impaired lawyers 

and DCO. 

Continue to improve communication and 

cooperation between SLAC and OAAP. 

Continue to seek creative ways to help impaired 

lawyers and protect the public. 

Respectfully submitted: Bryan R. Welch (CH), 

Robert M. Lusk (SEC), Kelly WG Clark, Elmer M. 

Dickens, Diane L. Grover, J O’Shea Gumusoglu, 

Gregory J. Hazarabedian, Kevin E. Lucey, Richard 

C. Whitlock, Donald Muccigrosso (PM), Edward B. 

Versteeg (PM), Meloney C. Crawford (OAAP), Douglas 

S. Querin (OAAP), Kenneth Stephen Mitchell-Phillips 

(BC), Helen M. Hierschbiel (BL). 

Uniform Civil Jury Instructions 

Committee 


The committee worked hard this year and revised 

five instructions: UCJI No. 5.01 Precautionary 

Instruction, UCJI No. 10.04 Witness False in Part, 

UCJI No. 46.09 Possessor’s Duty to Invitee, UCJI No. 

90.01 Verdict, and UCJI No. 70.19 Noneconomic 

Damages - When Required (withdrawn). 

The Committee also passed sixteen (16) new 

instructions: UCJI No. 10.09 Evidence Received 

for Limited Purpose, UCJI No. 10.10 Testimony by 

Agreement, UCJI No. 10.11 Stipulations of Fact, 

UCJI No. 10.12 Judicial Notice, UCJI No. 11.02 

Admissions, UCJI No. 80.18 Tenant’s Claim for 

Unlawful Access to Premises, UCJI No. 80.19 

Landlord’s Claim for Refusal to Allow Lawful Access, 

UCJI No. 80.20 Landlord’s Legal Right of Access— 

with Notice, UCJI No. 80.21 Landlord’s Legal Right 

of Access—without Notice (For Purpose of Serving 

Notice), UCJI No. 80.22 Landlord’s Legal Right of 

Access—without Notice (Emergency), UCJI No. 80.23 

Landlord’s Legal Right of Access—without Notice (To 

Make Repairs Requested by Tenant), UCJI No. 80.24 

Landlord’s Legal Right of Access—without Notice 

(Showing Premises to Prospective Buyer), UCJI No. 

80.25 Landlord’s Legal Right of Access—without 

Notice (Yard Maintenance or Grounds Keeping), UCJI 

No. 59A.01 Employment Discrimination - Conditions 

of Employment, UCJI No. 59A.02 Employment 

Discrimination - Hiring / Discharge, and UCJI No. 

59A.03 Employment Discrimination - Substantial 

Factor. 


The Committee discussed revisions to Assault 

(UCJI 40.01) and Noneconomic Damages When 

Economic Damages Awarded (UCJI 70.04), but 

tabled further discussion and adoption of revisions to 

allow subcommittee research and report back to the 

full Committee for discussion. 

The Committee also considered, but tabled, 

discussion on a proposal to rename Negligence Per 

Se (UCJI 20.03) to allow a broader conversation 

concerning the titles of related instructions. 

10


The Committee will continue with its work to 

adopt a set of employment law instructions including 

drafting retaliation, OFLA discrimination, Whistle 

blowing, and updating wrongful discharge and 

disability discrimination instructions. 

The Committee discussed the periodic “global” 

rewriting of the entire set of published instructions 

and considered whether this practice is as 

feasible, and as beneficial, as it was in the past, 

given the ability of the Bar to provide instruction 

revisions quickly and readily on-line when they are 

completed (rather than waiting for publishing dates 

as was necessary in the past). In light of these 

developments, the Committee considered whether 

a more constructive approach might be to conduct 

a global review of the published instructions and 

selection of particular book sections for detailed 

review/revision/renaming. 


The 2012 Committee is a hardworking and 

congenial group with excellent leadership and will 

continue the work of this year’s committee. 

Respectfully submitted: Cynthia Furrer Newton 

(CH), Scott A. Jonsson (SEC), Courtney W. Angeli, 

Honorable Stephen K. Bushong, Michael A. Casper, 

Brian D. Cox, Billie J. Eidson, Bryan W. Gruetter, Holli 

K. Houston, Matthew J. Kalmanson, R. Daniel Lindahl, 

Frederick H. Lundblade, Christopher R. Piekarski, Julie 

A. Smith, Julie R. Vacura, Hunter B. Emerick (BC), 

Linda L. Kruschke (BL). 

Uniform Criminal Jury Instructions 

Committee 


In 2011 the committee responded to the 

enactment of new crimes by drafting instructions 

that reflect those offenses. The new Felony 

DUII instructions reflect some of those efforts. 

Additionally, the committee considered opinions 

of the Oregon Supreme Court and the Court of 

Appeals, specifically cases that disapproved of 

existing instructions or required the reformulation of 

instructions. All changes to instructions have been 

published on the State Bar’s website within 2 weeks 

of formal passage by the committee. 


The committee attempted to meet off site in 

Pendleton, Oregon for its September meeting. That 

attempt was unsuccessful but it is the committee’s 

intention to try again for a date in 2012. The 

committee has been continuing to discuss the 

possibility of changing the instruction on Reasonable 

Doubt. That discussion was on going through the 

year and is expected to be part of the agenda for 

a number of meetings in 2012. The committee will 

continue to review appellate court decisions to 

amend current instructions as needed. 


It is recommended that as vacancies on the 

committee occur geographical diversity be a primary 

consideration in filling the vacancies. Also, it is 

recommended that the Bar encourage efforts to take 

meetings off site. 

Respectfully submitted: Christopher W. Howard 

(CH), Monte G. Ludington (SEC), Benjamin T. 

Andersen, Morgen E. Daniels, Kara K. Davis, Phil 

Hung Duong, Kelly Rose Glenn, Trevor Johnson, 

Jessica O. Kampfe, Andrew Morgan Lavin, Wayne 

Mackeson, Ricardo J. Menchaca, William Bryan 

Porter, Courtney L. Quale, Michael R. Washington, 

Ethan D. Knight (BC), Dean P. Land (BL). 

Unlawful Practice of Law Committee 


The Committee continued the now three year old 

practice of stricter docket control. Over the last three 

years this has resulted in closing cases faster and 

carrying over a smaller pending docket. We will be 

carrying over more cases than last year but primarily 

due to a spate of filings in late November. 

Aside from the usual business of the Committee 

which has regularized to a great deal because of 

the docket control, the Committee dealt with three 

notable changes this year. The first was a new Staff 

Liaison, Amber Hollister. She has been a tremendous 

success with the Committee. She is a quick study 

and easily fit into the rhythm and temperament of the 

Committee. In every way she was an asset. Second, 

we to the extent possible integrated the new policies 

coming out of the UPL Taskforce. This was later 

in the year but it will help to not have reprimands 

needing to be accepted or rejected. Thirdly, we 

dealt with the growing issue of Notarios and the 

disproportionate impact they have on vulnerable 

communities. We had a meeting with representatives 

of the Immigration Law Section and shared some 

11


important strategies and information. The conclusion 

of which was a recommendation to have an 

Immigration Section lawyer on the UPL Committee 

on a regular basis. We were able to achieve this for 

next years committee. 


We received 53 complaints as of the end of 

November, 2011. This is up slightly but within a 

similar range of cases over the last several years. We 

assigned 44 cases for investigation and will have 

closed 36 by the end of the year at the last meeting 

12/9/11. This will leave about 16 cases pending 

which is up slightly but we also received five cases 

for investigation in November. Of the pending cases 

two are from 2010 and that is not acceptable, we 

need to close cases within a year if at all possible. 

We have negotiated three Cease & Desist, and two 

cases were recommended for prosecution. 


By mere serendipity we have had two committee 

members from the DOJ Consumer Fraud Division. 

This has been a valuable asset in a number of ways 

and it should be incorporated as a regular committee 

membership position. They are able to advise on 

DOJ strategies that overlap with UPL and provide 

information on resources both for investigation and 

when appropriate resolution. 

Respectfully submitted: C Lane Borg (CH), Oscar 

Garcia (CH-Elect), Simon Whang (SEC), Russell L. 

Baldwin, Haley B. Bjerk, Britney Ann Colton, Teri 

L. Durham, Roland A. Johnson, Jane E. Mopper, 

Karen M. Oakes, Mary A. Overgaard, Laura B. Rufolo, 

Stephanie Antonia Thompson, Lillian Suelzle Watson, 

Lisa J. Douglass (PM), Joseph M. Fabiano (PM), 

Barbara M. DiIaconi (BC), Amber Autumn Hollister 

(BL). 

12

Administrative Law Section 


Section Activities and Use of Dues in 2011 

The section regularly published its newsletter 

which is now distributed electronically. 

The section closely followed bills in the 2011 

Session and analyzed those affecting the section’s 

members. 

The section continued to monitor proposed 

legislation and rules. 

The section helped negotiate the agreement 

between OSB and Fastcase to publish the final 

orders of six state agencies. 

The section continued to monitor the Attorney 

General’s recommendations on Model Rules. 

The section maintained its website. 

The section reached agreement with the Health 

Law Section to help finance Fastcase project. 


Proposed Section Activities and Use of Dues in 

2012 

• Regularly publish the newsletter. 

• Hold a CLE. 

• Monitor legislation and rules. 

• Continue the Fastcase project. 

• Continue to seek partnerships with other 

sections on Fastcase project. 

• Monitor the Attorney General’s Model Rules 

Advisory Group. 

• Monitor the Attorney General’s Transparency 

initiative. 

• Maintain the website. 

• Hold Executive Committee meetings. 

• Hold an Annual Business Meeting. 

Respectfully submitted: Dennis Koho (CH), Cortney 

D. Duke (CH-Elect), Frank T. Mussell (Past CH), 

William J. Boyd (TR), Karla Forsythe (SEC), Allan J. 

Arlow, Karen Ann Berkowitz, Ann L. Fisher, Denise G. 

Fjordbeck, Philip Alan Johnson, Janice Krem, Jeffrey 

B. Litwak, James E. Mountain, Sara R. Robinson- 

SECTIONS 


Glasser, Norman R. Williams, Matthew H. Kehoe (BC), 

David W. Nebel (BL). 

Agricultural Law Section 


The Ag Section presented its annual CLE in Salem, 

Oregon on May 13, 2011. The focus this year was on 

water issues. 

The Section developed its own website to keep 

its members better informed of opportunities to be 

involved. 

Budget: 

Total revenues were $1765. Total expenditures 

were $1898. The Section has an ending fund 

balance of approximately $3800. 


We continue to invite members to work on 

agriculture-related articles for posting on our new 

website. 

We approved issuance of free one-year 

memberships to new section members. 


The Section is committed to its annual CLE. 

Respectfully submitted: Elizabeth Howard (CH), 

Andrew G. Martin (CH-Elect), Heath Curtiss (Past 

CH), Therese A. Ure (TR), Wyatt E. Rolfe (SEC), David 

C. Baum, Timothy J. Bernasek, Michael J. Gelardi, 

Caroline Lobdell, Helen Nelson, Steven L. Shropshire, 

Charles K. Toole, Kenneth Stephen Mitchell-Phillips 

(BC), Dani Edwards (BL). 

Alternative Dispute Resolution Section 


2011 was a busy and productive year for the ADR 

Section. The Executive Committee completed a 

major revision and update of our website. Along with 

that review, we added more resources for our section 

members to the website. 

In addition, the ADR Section expanded its 

newsletter from prior years to a bi-quarterly effort 

with featured articles from Executive Committee 

members and others. The newsletter is distributed 

13


via email and archived issues are posted on the 

website. 

The Committee continued its connection to and 

collaboration with the Oregon Mediation Association 

and served as co-sponsor of its annual conference. 

This provided extensive continuing education 

opportunities for practitioners on November 2, 3, 

and 4, 2011 in Portland. 

The ADR Section hosted three mini CLE’s this 

year. The first was a CLE titled “The Market for 

Mediators. The second was a CLE co-sponsored with 

the Business Litigation Section and the Labor and 

Employment Section, titled “Advocacy in Employment 

and Commercial Mediation,” on May 18, 2011. The 

third CLE this year was titled “Ethics in Mediation,” 

presented as part of our annual meeting on October 

26, 2011. 

Also at our Annual Meeting on October 26, 2011, 

Joshua Kadish was presented with the ADR Section 

Sidney Lezak Award. 

Executive Committee Members Jane Gordon and 

Sharon Williams recently represented the Section at 

the ABA Section of Dispute Resolution Advanced 

Mediation and Advocacy Skills Institute in San 

Diego, California. Jane and Sharon participated as 

facilitators for the conference. Our section was a 

co-sponsor of this event along with the sections from 

Arizona, California, Hawaii, Nevada, the International 

Arbitration Law Committee, and the US-Mexico Bar 

Association. 

Budget: 

The ADR Section’s 2011 Executive Committee 

leaves the section’s fund much as we found it, with 

a beginning fund balance of $9,265 and a projected 

ending balance of $9,630. The Executive Committee 

budgeted for $5,600 in revenue in 2011, and its 

projected actual 2011 revenue is $6,100. It budgeted 

for $5,383 in expenses, and its projected actual 

expenses are $5,735. So, its actual projected 2011 

net revenue is $365, slightly exceeding its budgeted 

net revenue of $217. 


14 

• Donations to multiple charitable dispute 

resolution organizations. A subcommittee was 

formed to review these proposals in the future. 

• Review of OMA’s proposed guidelines for 

mediation training after a presentation by the 

OMA Board. 

• Selecting topics for CLE sessions to be 

sponsored/organized by the Section. 

• Review of and comment on the proposed OSB 

fee mediation procedure. 

• Potential collaboration with other OSB sections 

for CLE/training opportunities. 

• Potential collaboration with other states to 

expand use of ADR in other areas such as public 

interest or non-legal judicial opportunities for 

ADR. 

• Continued efforts to improve and enhance the 

newsletter. 

• Potential for out of state speakers for section 

meetings and/or CLE opportunities. 


• Continue to improve and produce the email 

newsletter. 

• Continue mini-CLE program. 

• Reach out to other sections for educational 

opportunities for our section members. 

• Approach OLI for Season Passes for Section 

Members who practice solo or in small firms. 

Respectfully submitted: Lisa A. Amato (Co-CH), 

Sharon A. Williams (Co-CH), Helle Rode (CH-Elect), 

Judge Mary J. Deits (Past CH), Evan P. Seifert (TR), 

Nancy E. Hochman (SEC), Albert J. Bannon, Peter R. 

Chamberlain, Forrest R. Collins, Charles E. Corrigan, 

Jane Gordon, Judy Shipler Henry, Gail A. McEwen, 

O. Meredith Wilson, Tom Kranovich (BC), Amber 

Autumn Hollister (BL). 

Animal Law Section 


The section has worked all of 2011 to develop 

both an externship and an “independent study” 

in conjunction with the Center for Animal Law at 

Lewis & Clark Law School. The curriculum is divided 

into five sections which include public outreach, 

professional outreach, professional education, law 

improvement, and a compendium of animal cases. 

The Public Outreach is pursuing web based content 

improvement to provide citizens type educational 

programs. Professional Outreach is held 1 CLE in 

2011 with the focus on the non-profit sector law as 

it relates to animals. Legislative Liaison was inactive 

due to the lack of a session.


2011 Executive Committee 

Chairperson – Gregory P. Lynch 

Chair-Elect – Kathryn A. Hall 

Secretary – Robert S. Simon 

Treasurer – Michael B. Gottlieb 

Member – Stephanie J. Engelsman 

Member – Dane E. Johnson 

Member – Patricia Lulay 

Member – Amy L. Davidson 

Member – Nick Kahl 

Advisory Member – Scott Beckstead 

Advisory Member – Pamela D. Frasch 

Advisory Member – Holly Anne Gibbons 

Advisory Member – J Alan Jensen 

Advisory Member – Terrance D. Mahr 

Advisory Member – Andrew N. Moore 

Advisory Member – Todd A. Peterson 

Annual meeting: The annual membership meeting 

was held at the Oregon State Bar Center in Portland 

on December 1, 2011. 

Budget: 

The budget was approved at the September 23, 

2011 Executive Committee meeting. 

Legislative issues: 

The Legislative liaisons hope to advance an 

agenda of law reform. Discussions were held 

throughout the year. 

Respectfully submitted: Gregory P. Lynch (CH), 

Kathryn A. Hall (CH-Elect), Michael B. Gottlieb (TR), 

Robert S. Simon (SEC), Amy L. Davidson, Stephanie 

J. Engelsman, Dane E. Johnson, Nick Kahl, Patricia 

Lulay, Scott Beckstead (ADV), Pamela D. Frasch 

(ADV), Holly Anne Gibbons (ADV), J Alan Jensen 

(ADV), Terrence D. Mahr (ADV), Andrew N. Moore 

(ADV), Todd A. Peterson (ADV), Matthew H. Kehoe 

(BC), Kay Pulju (BL). 

Antitrust and Trade Regulation Section 


The Section sponsored and participated in four 

CLE’s in 2011. Three CLEs were conducted as lunch 

discussions that covered issues relating to green 

marketing and health care. The fourth CLE, offered 

in conjunction with the annual meeting, included a 

half-day program highlighting speakers from outside 

of Oregon as well as local antitrust practitioners. 

Regulators from both the state and federal levels 

participated in panel discussions during the program. 

The focus of the program included discussion of 

both green marketing issues and health care antitrust 

matters. 

The section leadership tried to recruit new 

members this year by personal contact and through 

the CLE programs. We were successful in attracting 

10-15 new members. 

The Section continued efforts to update its 

website and add content relating to its CLE programs. 

Budget: 

The Section stayed within its budget goals 

and enters into 2012 with a positive balance of 

approximately $6,500. 


The section leadership expects to focus on 

the goals of continuing to increase membership 

and collaboration with other sections to develop 

programs that interest a broader audience. The 

section will strive to continue updating its website 

and adding new content for use by members. In 

addition, the section leadership plans to continue 

lunch discussion groups and an extended annual 

meeting program. The section leadership hopes 

to conduct outreach by hosting a program for law 

students interested in antitrust law at one or more of 

the local law schools next year. 

Respectfully submitted: Andrew E. Aubertine (CH), 

Stephanie K. Hines (CH-Elect), David L. Silverman 

(Past CH), John F. McGrory (TR), Ryan M. Bledsoe 

(SEC), Karri Kuenzli Bradley, Joseph N. Eckhardt, 

Nancy M. Erfle, Mark A. Friel, Tim D. Nord, Lloyd L. 

Pollard, John C. Rothermich, Scott G. Seidman, Ethan 

D. Knight (BC), Chris L. Mullmann (BL). 

Aviation Law Section 


The Section held a monthly Executive Committee 

lunch meeting, to which all Section members were 

invited, as an open forum for practitioners with cases 

15


or questions of common interest to other aviation 

lawyers. 

The Section worked with the OSB liaisons to 

monitor and disseminate information on activities 

before the Oregon Legislature of interest to the 

aviation community. 

The Section co-sponsored and provided a speaker 

for the 38 th Annual Pacific Northwest Aviation Law 

Seminar, three-days of OSB-approved continuing 

education on matters of interest in aviation law. 

The Section hosted an observation site and 

reception for the 2011 Hillsboro Air Show at Global 

Aviation, Inc. 

Budget: 

The Section received approximately $900 in dues 

during the year. Revenues are used to underwrite 

the cost of the annual meeting and administrative 

support fees assessed by OSB. The Section also 

made a $100 contribution to the Classroom Law 

Project. 


The Executive Committee considered potential 

state legislation that would have permitted the 

Director of the Oregon Department of Aviation to 

impose civil penalties for violations of aviation laws, 

rules or order and that would have permitted local 

governments to limit growth at airports when that 

growth is related to helicopters. That legislation, 

however, did not reach the floor of the Oregon 

Legislature. 


Pending matters include support of the biennial 

Aviation Law Seminar at Lewis & Clark Law School 

to be held in 2012 and a possible joint seminar 

conducted by the Aviation Law and Litigation 

Sections. 


The Section will continue to support the Lewis & 

Clark Law School Aviation Law class. 

The Section will monitor the Oregon legislative 

session for matters of import to the aviation 

community. 

The Section will co-sponsor the 39 th Annual 

Pacific Northwest Aviation Law CLE in September 

2012. 

The Section will continue to hold open meetings 

on a generally monthly basis. 

Respectfully submitted: Sue McKeon (CH), 

Matthew K. Clarke (CH-Elect), Robert B. Hopkins 

(Past CH), Stuart W. Smith (TR), Thomas E. Cooney 

(SEC), John R. Barker, Roderick A. Boutin, Donald 

B. Bowerman, Thomas J. Flaherty, Jonathan M. 

Hoffman, John C. Hutchison, Barbara Ann Jacobson, 

Timothy E. Miller, Steven L. Myers, Philip A. Rush, 

David J. Sweeney, Christine Tracey, A Richard Vial 

(ADV), David Wade (BC), Sarah Hackbart (BL). 

Business Litigation Section 


During 2011 the Business Litigation Section 

continued its CLE programs and presented four 

seminars. All CLEs were held in Portland at the 

Benson Hotel. Attendance remained consistent. 

These were: 

3/16/2011: “Do You Want a Jury For Your Next 

Business Trial,” presented by Steve English and Rick 

Stone. 

5/18/2011: “Effective Advocacy In Employment 

and Commercial Mediation” presented by Susan 

Hammer, John Barker, Courtney Angeli and Gary 

Berne. 

9/21/11: “5 Key Techniques to Tell the Story & 

Solve the Problem,” presented by Diane F. Wyzga, 

RN, JD. 

11/16/2011: “Problems in Mergers and 

Acquisitions-or How to Recognize and Avoid the 

Scum Bag Manual,” presented by Peter Richter and 

Pat Gleitsmann. 

Budget: 

The Executive Committee approved a budget for 

2012 during the course of its meeting on November 

16, 2012. The budget is available from the Oregon 

State Bar. The budget presumes approximately 640 

members and annual revenues of approximately 

$15,000 from member dues and CLE registration. 


The Business Litigation Section does not at this 

time anticipate proposing any new legislation but 

it will continue to monitor legislative proposals of 

interest to Section members. 

16



A new slate of officers was elected for 2012 by 

the Section during the course of its annual meeting 

on November 16, 2011. The new officers will begin 

to serve effective January 1, 2011. Additionally, 

the section approved new Executive Committee 

members. The new officers and committee members 

will meet in January of 2012 for the annual planning 

session. The agenda will include a discussion of 

possible CLE topics for 2012 and related items. 

Respectfully submitted: Kerry J. Shepherd (CH), 

Paul W. Conable (CH-Elect), Renee E. Rothauge (Past 

CH), Thomas Russell Johnson (TR), Janet Knauss 

Larsen (SEC), Kieran John Curley, Timothy S. DeJong, 

Katherine Heekin, Christopher J. Kayser, Kevin S. 

Mapes, John F. McGrory, Craig G. Russillo, John W. 

Stephens, Robert A. Swider, Laura Caldera Taylor, 

Christopher H. Kent (BC), Camille Greene (BL). 

Civil Rights Section 


This year we continued publication of the Civil 

Rights Section’s Newsletter. By the end of the 

year we will have published three issues; one is 

forthcoming. We settled on three issues this year 

both because of timing considerations on articles 

and for financial reasons. 

We organized and co-sponsored a Public Forum 

with the Portland Public Schools entitled “Beating 

Bullying: A Harassment & Bullying Prevention 

Program.” The forum was also co-sponsored by the 

Diversity Section. The event was held at Roosevelt 

High School, was open to the public at no cost, and 

was well-attended. 

We organized and co-sponsored an all-day CLE 

with the Oregon State Bar entitled: “Expanding Civil 

Rights Advocacy: Emerging Trends in Your Practice.” 

Although the CLE had lower attendance than our 

CLEs usually do, the quality of the panels was high. 

We made contributions to the Oregon Minority 

Law Association auction and to the Campaign for 

Equal Justice. 

Through the OSB, we created a listserv for the 

Section members. 

Budget: 

We adhered to our budgetary goals. However, 

because the newsletter costs have increased in 

recent years and our membership has declined 

somewhat, we continue to use a portion of our 

surplus. 


We did not actively communicate with our 

membership this year on legislative issues. 


We are excited that we have reached a cosponsorship 

agreement with the Labor & 

Employment Section for next year: with L&E’s input, 

we will produce a newsletter issue focused on labor 

and employment issues in the civil rights arena, 

which L&E will fund and which will be distributed 

to their members as well as ours. With this 

arrangement, we anticipate being able to publish four 

newsletter issues in 2012. 

Although the section was not a sponsor of the 

November 4th Convocation on Equality, various 

Executive Committee members were involved with 

or attended the COE. Ideas emerged at the COE 

on possible ways for sections and bar associations 

interested in diversity issues to work together in the 

future, and the Executive Committee discussed these 

possibilities at the November meeting. 


• Consider possible ways to increase membership 

and/or other ways to address our budgetary 

issues. 

• Again plan a Public Forum that will attract a 

sizable audience and provide a public service. 

• Plan a CLE, possibly on a ‘blockbuster’ topic, 

that will provide useful information and attract a 

sizable audience. 

• Building on the energy from the Convocation 

on Equality, work with other sections and bar 

associations on diversity issues. 

• Evaluate and possibly revamp our methods for 

communicating with members on pending 

legislative issues. 

Respectfully submitted: Sally A. Carter (CH), Sarah 

Radcliffe (CH-Elect), Amy L. Angel (Past CH), Mary 

Ellen Page Farr (TR), Sean M. Driscoll (SEC), J Ashlee 

Albies, Thaddeus August Betz, C Akin Blitz, Adrian 

Lee Brown, Marianne G. Dugan, Meg Heaton, Diane 

Schwartz Sykes, Mitzi M. Naucler (BC), Paul Nickell 

(BL). 

17


Computer and Internet Law Section 


As in years past, the Computer & Internet Law 

Section continued to focus on providing quality CLEs 

on topics of interest to our membership. During 

the course of the year, we sponsored ten one-hour 

luncheon CLEs on a variety of computer & Internet 

law related topics, ranging from e-discovery issues, 

to ACTA and online copyright enforcement, to IP & 

Computer-related tax issues, along with co-sponsored 

CLEs with other sections on such topics as Bilski and 

the America Invents act. 

We continued to make written materials from 

those CLEs available to members on our website. 

These additions to our website have been very well 

received by our membership and have helped us 

advertise and manage our luncheon CLEs more 

efficiently. We have also continued making audio 

recordings of our luncheon CLEs and are making 

these available for purchase and download by 

members of the Oregon State Bar through the 

Oregon State Bar’s website. 

Our annual CLE, “Coming to Terms with the 

Internet: A Eulogy for the Old Ways of Doing Things,” 

was also a success, and featured an excellent crosssection 

of speakers discussing both theoretical and 

practical implications of doing business in the wake 

of the digital revolution. 

In addition to the above, the Computer & Internet 

Law Section executive committee elected to make a 

donation to the Classroom Law Project. We also held 

our usual monthly executive committee meeting and 

hosted an annual dinner and meeting in September. 

Budget: 

The Computer & Internet continues to offset 

some of its expenses with revenue generated by the 

luncheon CLEs. Membership revenue has largely 

remained stable. The executive committee has 

decided to slightly modify its budget reserve strategy 

for the upcoming year, to help reduce our fund 

balance and target additional monies to brining in 

high-quality speakers of interest to our membership, 

as well as co-sponsor special presentations of interest 

to both our membership and other sections. We will 

continue to assess how much of a reserve we need 

to maintain and whether, based on that assessment, 

we can make a contribution to an appropriate legalrelated 

organization as we have done in the past. 


During the year, the executive committee 

considered a variety of matters related to the normal 

operation of the section. These matters included: 

Future CLE topics and speakers, logistics for web 

content, online registration form design and use, 

donation to the Classroom Law Project, annual 

CLE logistics, annual dinner/meeting logistics, and 

revenue and expense management. 

Matters still pending before the executive 

committee include: announcement to new admittees 

regarding section membership, 2012 subcommittee 

memberships (e.g., luncheon CLE committee chair), 

the making of a contribution, or not, and transition to 

new officers of the executive committee. 


Items up for consideration include: opportunities 

to partner and co-sponsor events with other 

members, “non-traditional” events such as evening 

socials that might be of interest to our membership, 

bringing in nationally-recognized speakers at a 

reduced attendance price for our membership, and 

new ideas for driving traffic to our website. The 

executive committee should continue to look for 

opportunities to attract new executive committee 

members to replace existing long time members 

reaching term limits. 

Respectfully submitted: Marc Visnick (CH), Charles 

R. Bowers (CH-Elect), Travis J. Benn (Past CH), Chad 

M. Colton (TR), Robert A. Swider (SEC), Michael A. 

Cohen, Marinus Damm, Paula Holm Jensen, Shawn 

M. Lindsay, Marti McCausland, Karen Dana Oster, 

Emilee S. Preble, Heather R. Self, Joshua W. Smith, 

C. Kalei L. Taylor, Richard A. Wilhelm, Maureen Claire 

O’Connor (BC), Michael Legleiter (BL). 

Constitutional Law Section 


The Section hosted its annual CLE, which 

it cosponsored with the Bar, on December 2, 

2011. The CLE featured three panels of speakers. 

First, University of Oregon Law School Professors 

Stuart Chinn and Ofer Raban spoke on recent and 

upcoming U.S. Supreme Court cases. Second, 

Oregon Supreme Court Justice Jack Landau, Oregon 

Court of Appeals Judge David Schuman, and Alycia 

Sykora discussed recent Oregon Supreme Court 

and Court of Appeals state constitutional law cases. 

18


Finally, Willamette Law Professor Norman Williams, 

Lewis & Clark Law Professor James Huffman, Oregon 

Deputy Solicitor General Michael Casper and Matt 

Kalmanson spoke on the constitutionality of the 

Patient Protection and Affordable Care Act. 

A Section subcommittee planned and solicited 

authors for a new State Constitutional Law Bar Book. 

In March 2011, the Section distributed an 

electronic newsletter to its members. The link to that 

newsletter is: http://www.osbar.org/!newsletters/ 

ConLaw_2011Mar.pdf 

Budget: 

The Section’s projected year-end balance is 

$12,788. For 2012, the Section has budgeted 

$4,375 in revenues and $4,825 in expenses, with a 

projected year-end balance of $12,338. 


The Section Executive Committee voted to 

support the formation of a work group by the Oregon 

Law Commission to examine and recommend, if 

appropriate, changes to the way appellate judges 

are chosen in Oregon and to those judges’ length 

of tenure. The Committee indicated to the Executive 

Director of the Commission that Section members 

might be interested and willing to serve on such a 

work group. 


The State Constitutional Law Bar Book is an 

ongoing project and the members of the planning 

subcommittee will serve as the editors for the book. 

The Section will being planning its 2012 CLE in 

early 2012. 


Issue a newsletter for 2012. 

Respectfully submitted: Chin See Ming (CH), 

Edward H. Trompke (CH-Elect/SEC), Alycia N. 

Sykora (Past CH), Gregory A. Chaimov (TR), Robert 

M. Atkinson, Honorable Henry C. Breithaupt, John 

Paul Graff, Matthew J. Kalmanson, Erin C. Lagesen, 

Honorable Jack L. Landau, Maureen Leonard, 

Jennifer Middleton, Honorable David Schuman, 

Erin J. Snyder, C Robert Steringer, Les Swanson, 

Christopher H. Kent (BC), Paul Nickell (BL). 

Consumer Law Section 


The Consumer Law Section sponsored House Bill 

2682 in the 2011 legislative session to increase the 

wage exemption provided for in ORS 18.385. This bill 

passed and became effective on June 2, 2011. 

The Consumer Law Section presented two CLEs 

in 2011. In September, the section presented a CLE 

on recent legislative updates affecting the practice of 

consumer law. Additionally, in October, the section 

sponsored a CLE in Jackson County on mortgages 

and foreclosure defense. 

Budget: 

The section’s projected year-end balance for 2011 

is $3,400. The section’s 2011 CLEs generated an 

estimated $1,560 in revenue. Anticipated expenses 

for 2011 include sponsoring one or more CLEs, 

updating and circulating the section’s lending library 

of consumer law related books and materials that 

are available to section members at no cost, and 

making a contribution to one or more charitable 

organizations that work to protect consumer rights. 


As mentioned above, the section sponsored a bill 

to increase the ORS 18.385 wage exemption in the 

2011 regular legislative session. The section plans to 

monitor bills presented in the 2012 special session 

and participate in any bills of interest to the extent 

permitted by the OSB Board of Governors. 

The section is also convening a legislative 

subcommittee and plans to sponsor consumerrelated 

legislation in the 2013 regular session. 


The executive committee considered contribution 

of charitable funds and ways to reduce expenses 

and increase revenue. There are no matters from 

2011 considered still pending except for approval of 

the minutes from the November 16, 2011 executive 

committee meeting. 


• The Consumer Law Section plans to sponsor 

one or more CLEs in the upcoming year. 

• As mentioned above, the Consumer Law Section 

plans to monitor the 2012 special legislative 

session and work one or more legislative 

19


proposals to be introduced the 2013 session. 

• The section hopes to increase advertisement 

and member use of its lending library. 

• Potential plans for 2012 also include updating 

or improving the Section’s website and 

web presence, and/or distributing a section 

newsletter and providing an opportunity for 

members or others to write and publish articles 

of interest to the membership. 

Respectfully submitted: Brenda M. Bradley (CH), 

David L. Koen (CH-Elect), Keith D. Karnes (Past CH), 

Joshua L. Ross (TR), Lissa K. Kaufman (SEC), Kristen 

Nicole Baxter, Mark Coleman, Hope A. Del Carlo, Bret 

A. Knewtson, Tim Alan Quenelle, Louis D. Savage, 

Andrew U. Shull, Robert S. Sola, Nanina D. Takla, 

David W. Venables, Gina Anne Johnnie (BC), David 

W. Nebel (BL). 

Corporate Counsel Section 


April 7 th -- Sponsored a round table on 

“Employment Law and What Corporate Counsel 

Need to Know”. 

May 17 th -- CLE with lunch “What In House 

Counsel Should Know About Cloud Computing”. 

Spring – Published the spring edition of the 

Corporate Counsel newsletter “Corporate Counselor”, 

available on-line. 

June – Hosted a Corporate Counsel networking 

lunch. 

November – Published the fall edition (Volume 2) 

of “Corporate Counselor”, also available on- line. 

December -- Anticipate hosting an ethics CLE in 

late December 

Budget: 

• Projected Year end (12/31/2011) -- $13,521 

• Projected for 2012 -- $7981 

• 2011 – 470 members 

• 2012 –483 members projected 

• Dues will remain at $20 per member annually 

for 2012 


See meeting minutes. 


To be determined at the first meeting of 2012. 

Anticipate 3-4 CLEs, and continued publication of 

the Spring and Fall newsletter. 

Respectfully submitted: Robert J. Barsocchini 

(CH), Gary H. Lau (CH-Elect), Brian S. Thompson 

(Past CH), Tiffany A. Souza (TR), Tanya A. Griffin 

(SEC), Christian F. Boenisch, Kirsten J. Day, Daniel 

J. Field, Ann L. Fisher, C Edward Gerdes, Jeffrey A. 

Johnson, Allyson R. Keo, David MEisels, Ambyr M. 

O’Donnell, Keith Edward Parker, Matthew A. Wilson, 

Barbara M. DiIaconi (BC), Lorraine R. Jacobs (BL). 

Criminal Law Section 


On February 17 th a CLE focusing on White Collar 

Crime was presented at the Multnomah Athletic 

Club. The CLE featured a panel of experts, which 

included an Assistant US Attorney, an experienced 

criminal defense attorney and general counsel for 

a large corporation. The panelists provided insights 

into the investigation, prosecution and defense 

of complex business fraud cases. Sam Kauffman 

moderated the panel. The CLE was attended by 

approximately 20, who earned 2 MCLE credits. This 

CLE was a successful attempt by the Section to 

expand services to a broader group of lawyers. 

The 24 th Annual Criminal Law Section CLE was 

presented on April 1, 2011. The CLE was attended 

by 116 members, which represents an increase 

in attendance from the previous annual program. 

The CLE was titled “Thoughts from the Jury Box” 

and featured an afternoon program in which jurors 

from two serious criminal cases talked about their 

experience as jurors. Washington County Judge 

Gayle Nachtigal and Clackamas County Judge Susie 

Norby moderated the presentation. The CLE also 

included a presentation on the legal complexity 

of vehicle traffic stops. This presentation featured 

vignettes that enacted traffic stop scenarios, followed 

by legal analysis. Multnomah County Judges Michael 

McShane and Eric Bergstrom and Oregon Court of 

Appeals Judge Rebecca Duncan presented the legal 

issues and provided expert legal analysis. Attendees 

earned 5.5 MCLE General Credits and 1 MCLE 

Ethics Credits. This year marked a change in location, 

moving to the OSB facility in Tigard. 

The Executive Committee met on a monthly basis 

(except for July and August). The membership of the 

20


Committee has experienced significant change in the 

last year. Five new members have been added in the 

last year. 

Budget: 

The Section continues to be fiscally responsible. 

The cost for member fees remained the same again 

this year. The cost for the annual CLE also remained 

the same. 


The Executive committee was briefed on 

legislative issues relevant to criminal law by Matt 

Shields. A specific issue related to establishing 

professional performance standards for delinquency 

and dependency cases in Juvenile court. Matt also 

briefed the committee on the bail bond issue that 

ended up not being introduced to the legislature. 


The committee continues to look for ways to 

expand service to section members. Portions of 

the April, 2010 CLE will be made available on-line 

to members. The committee is working with the 

Bar to make these presentations available without 

cost. Future CLEs will become available on-line with 

some costs for members. This is another example 

of efforts to expand the scope of services available 

to members, especially those that live outside the 

metropolitan area. 

The committee has received requests for 

donations from several service related and 

community related groups. We have been 

considering these requests on an ad hoc basis. (The 

committee, on behalf of the Section donated $800 

this year to the Minority Law group). We are currently 

working on guidelines/criteria for making these 

donation decisions. 

We will continue to provide high quality and 

low cost CLEs. Our focus remains on the full day 

April CLE. We hope to provide a 2-4 hour CLE 

in September also. We also plan to maintain and 

improve content on the Criminal Law section website. 


• High quality annual CLE is April 

• 2-4 hour CLE in the fall on a specific topic 

• make video of CLE available on-line 

• complete guidelines for donations 

• maintain and improve the Section website 

Respectfully submitted: Gregory D. Horner (CH), 

Samuel C. Kauffman (CH-Elect), Marc Sussman 

(Past CH), Peter L. Deuel (TR), Barbara Gabriela Ghio 

(SEC), Bradley C. Berry, Aaron L. Brenneman, Milan E. 

Castillo, Beth L. Roberts, Gregory B. Scholl, Timothy 

A. Sylwester, Shaw Evans Wiley, Daniel Ousley (ADV), 

Judge Janelle Factora Wipper (ADV), Ethan D. Knight 

(BC), Kateri Walsh (BL). 

Diversity Section 


Broad representation: The OSB Diversity Section 

Executive Committee (DSEC) appointed members to 

the DSEC to ensure broad representation from each 

specialty bar, Oregon law schools, small/mid-sized/ 

large law firms and diversity-related bar sections. 

Collaboration and Communications 

Subcommittee: The subcommittee drafted a 

communication plan in an effort to more effectively 

communicate with DSEC membership and to 

increase membership. The plan was implemented 

to include updates of the website, the creation of 

brochures, and the distribution of pens and magnets 

to new admittees at swearing-in ceremonies and to 

others at DSEC-sponsored events, such as the 2011 

Convocation on Equality. 

AJC CLE Review: DSEC members attended 

various Access to Justice CLEs throughout the year 

to survey the quality of programming. 

Presentation of a Resolution of Congratulations 

to Judge Marco Hernandez: Judge Lopez drafted 

and DSEC presented to Judge Hernandez a framed 

resolution supporting his appointment to the federal 

bench on March 30, 2011. 

OSB Mentorship Program: DSEC discussed 

support for the new OSB Mentorship Program and 

further agreed to encourage diverse lawyers to serve 

as mentors. DSEC designated a liaison at the DSEC 

meeting held on April 13, 2011. 

PGE Diversity Conference: DSEC Chair Diane 

Sykes presented at the PGE Diversity Summit on 

religious diversity on April 15, 2011. PGE was a 

sponsor of the Convocation on Equality. 

OSB Director of Diversity and Inclusion Hiring: 

DSEC Chair Diane Sykes and AAC Chair Linda Meng 

participated in interviews for the position of OSB 

21


Director of Diversity and Inclusion on April 20, 2011. 

Bullying Forum: DSEC co-sponsored a bullying 

forum at Roosevelt High School, in coordination with 

the OSB Civil Rights Section, on June 2, 2011. The 

focus of the panel was disabled and LGBT students. 

MBA Membership Committee Celebration of 

Diversity and Inclusion: DSEC Chair Diane Sykes 

presented at this MBA-sponsored event on the work 

of the DSEC at Ater Wynn on June 2, 2011. 

Board of Governors: DSEC Chair Diane Sykes 

provided testimony on the BOG Resolution in 

Support of the Convocation on Equality at OSB on 

June 24, 2011. The Resolution was unanimously 

approved. 

Opportunities for Lawyers in Oregon- DSEC 

members attended and volunteered at OLIO in Hood 

River on August 4-7, 2011. 

House of Delegates: DSEC Executive Committee 

member Judge Lopez drafted an amendment to the 

OSB Statement of Professionalism to add support for 

a diverse bar and bench. DSEC Chair Diane Sykes 

appeared before the HOD on October 28, 2011 to 

provide testimony. The amended OSB Statement of 

Professionalism was approved. 

BOWLIO: DSEC members attended BOWLIO on 

October 22, 2011 to support OLIO programs. 

Convocation on Equality: DSEC co-sponsored the 

2011 Convocation on Equality, a large legal diversity 

summit, held at the Oregon Convention Center on 

November 4, 2011. This event involved over two 

years of extensive planning and preparation by a 

steering committee, co-organizers Emilie Edling and 

Akira Heshiki, members of the DSEC, specialty bars, 

law schools, OSB, legal employers, government 

representatives and diversity advocates. Nearly 400 

people attended this historical event. The event 

featured prominent key note speakers and up to 5.5 

CLE credits for attendees. The majority of which, 

qualified as Access to Justice credit. In addition to 

networking opportunities, a directory of diversity 

resources was created and distributed to attendees. 

A best practices diversity Toolkit was created which 

will be finalized in 2012. 

Budget: 

Randy Arthur, the DSEC Treasurer, submitted an 

approved 2012 budget to the Oregon State Bar. The 

current balance of funds is approximately $8,011. 

The DSEC moved to approve a membership dues 

increase to $25 per year. 


A constituent contacted the DSEC with an interest 

in amending the AJC requirement to include veterans 

as a protected class. The constituent subsequently 

decided to withdraw the amendment and no 

further action was taken. DSEC did not submit any 

legislation during 2011. 


Foster opportunities for legal employers to adopt 

the recommendations in the “tool kit” and other 

recommendations developed at the Convocation on 

Equality. 

Refine and further define the roles of the 

Affirmative Action Committee (AAC) and the OSB 

Diversity Section. We plan to do this by working with 

law schools on the creation of diversity coursework 

and working on pipeline projects both in conjunction 

with the AAC. 

• Actively participate in OSB mentorship 

programs. 

• Continue to participate, support and financially 

sponsor diversity-related events and specialty bar 

programs. 

• Develop protocols for working in collaboration 

with specialty bars. 

• Continue to advise OSB on matters involving 

diversity and inclusion. 


This has been an exciting year for the OSB 

Diversity Section. Since its inception, the DSEC 

has worked to define its mission and function. 

The Diversity Section originally had education, 

communication and networking subcommittees. 

A legal employer subcommittee later formed and 

hosted a series of workshops to legal employers on 

recruitment, retention and advancement of diverse 

candidates. The DSEC evolved to become a platform 

for issues of diversity and inclusion within the OSB 

membership, including challenges to the Access to 

Justice Credit requirements (formerly Elimination of 

Bias) and the sunsetting of the Affirmative Action 

Program. Through sustained effort and planning 

of the Convocation on Equality, DSEC effectively 

brought together a wide network of legal diversity 

advocates. In the upcoming year, the DSEC should 

22


dedicate ample time to implementation of the 

recommendations, tools and skills that developed at 

the Convocation. 

Respectfully submitted: Diane Schwartz Sykes 

(CH), Cashauna Hill (CH-Elect), Andrea J. Anderly 

(Past CH), Randy L. Arthur (TR), Emilie K. Edling 

(SEC), Judge Cheryl A. Albrecht, Nicole Rachael 

Commissiong, Shari R. Gregory, Yesenia Gutierrez, 

Akira Heshiki, Ellen K. Jones, Megan I. Livermore, 

Matthew W. Johnson (ADV), Honorable Angel Lopez 

(ADV), Ali D. Seals (ADV), Simon Whang (ADV), 

Audrey T. Matsumonji (BC), Mariann Hyland (BL). 

Environmental and Natural Resources 

Section 


The Section continued its emphasis on education, 

with its programs of newsletters, casenotes, CLEs, 

brownbags, and Deskbook revision. 

New field trip program: This year the Section 

launched a new field trip program to allow Section 

members to visit facilities involved in natural 

resource and environmental activities, including a 

recycling plant in Hillsboro, a wastewater treatment 

facility in Tigard, and a wind energy training center 

where techs are trained in turbine maintenance, 

and additional field trips are planned to a wetlands 

restoration project and a green building. 

New awards program: Another new initiative 

this year was the creation and establishment of an 

Awards Program, with the award for contributions 

in the field of natural resource and environmental 

law planned for the Section’s annual meeting in 

December. 

Newsletters: The E&NR newsletters were 

revamped this year into the E-Outlook format with 

the emphasis being on shorter articles of relevance 

to Section members. Six newsletters were published 

this year: January: The Wilderness Society v. U.S. 

Forest Service, No. 09-35200, 2011 WL 117627, at 

*1 (9th Cir. Jan. 11, 2011) changing long standing 

precedent that prohibited non federal defendents to 

intervene in NEPA cases; March: the Ninth Circuit 

Court of Appeal’s decision in City of Los Angeles v. 

San Pedro Boat Works, addressing whether a holder 

of a possessory interest in real property can be 

held liable as an “owner” under CERCLA; April: the 

Secretary of the Interior’s 2009 withdrawal of the 

resource management plans for several Bureau of 

Land Management forests in Western Oregon, known 

as the Western Oregon Plan Revision; May: Montana 

v. Wyoming, a water rights case addressing whether 

junior users can prevent senior users from increasing 

the efficiency of their irrigation techniques, thus 

decreasing return flows; August: the Oregon Water 

Resources Department’s new permitting process for 

alternative reservoir water right permits; November: 

the Oregon State Legislature’s recent effort to control 

aquatic invasive species through an administrative 

search model for mandatory boat inspection stations, 

so as to comport with the Oregon Constitution. 

Casenotes: The Section published three editions 

of Casenotes, a summary of recent cases of interest 

to ENR practitioners, in April, August and October. 

Brownbag CLEs: The Section also held several 

free educational Brownbag sessions on a variety of 

subjects: “NEPA Update” - Owen Schmidt (10/6/11); 

“The Kura-Araks River Basin: A Post-USSR Perspective 

on International Water Policy & the Connection to 

Western Water Law in the United States” - Haykanush 

Parsamayan & Laura A. Schroeder (8/8/11); “Ethical 

Compliance and Environmental and Natural Resource 

Matters” - Scott Morrill (5/5/11); 

“Scientific Evidence Issues in Environmental 

Litigation” - Kevin Sali (4/28/11); “Environmental 

Law Citizen Suit Update” - Tom Lindley and Professor 

Craig Johnston (4/6/11); “The 2011 State Legislature 

- Outlook for Sustainability” (co-sponsored with 

Oregon State Bar Sustainable Futures Section) - 

Senator Jackie Dingfelder and Representative Chris 

Garrett (1/26/11). 

We qualify our Brownbags for continuing legal 

education credit from the Bar. 

Annual CLE: The Section put on its annual CLE 

for the second year at McMenamin’s Edgefield 

Manor in Troutdale as an update on natural resource 

and environmental law. The Section reduced the 

registration fee to make it more affordable to solo 

practitioners and new lawyers. 

Budget: 

The Section looks to be ending 2011 with a 

budget surplus in the vicinity of $12,500. The plan 

for the 2012 budget is to allocate financial resources 

so as to reduce the surplus by year’s end. 


Matters within the activities described above were 

considered by the executive committee as reflected 

in the minutes. 

23



In 2012, the Section intends to continue to 

implement its mission of provide Section members 

an opportunity to develop and improve skills in 

environmental and natural resource law, provide a 

forum for communication and action in matters of 

common interest, and foster professionalism through 

a broad variety of activities. 

Respectfully submitted: Jas Jeffrey Adams (CH), 

Hong N. Huynh (CH-Elect), David Ashton (Past CH), 

Laura Maffei (TR), John H. Marsh (SEC), Rachel L. 

Barton-Russell, Regina Marie Cutler, Pamela Hardy, 

Nathan A. Karman, Brett V. Kenney, Erin C. Madden, 

Karen L. Moynahan, E Susan O’Toole, Patrick G. 

Rowe, Kimberlee A. Stafford, Dustin Trowbridge Till, 

Sarah A. Winter Whelan, Michael E. Haglund (BC), 

Scott A. Morrill (BL). 

Estate Planning & Administration 

Section 


The Section sponsored three CLE programs in 

2011, as follows: 

On June 10, 2011 the Section co‐sponsored a 

program entitled “Special Needs Trusts,” with the 

Elder Law Section. 

On June 24, 2011, the Section sponsored the 

program entitled “Advanced Estate Planning.” 

On November 18, 2011, the Section sponsored the 

program entitled “Administering the Basic Estate and 

Trust.” 

The Section published four issues of its newsletter 

that was distributed electronically to all members of 

the Section and is available to Section members on 

the Section website. The Section continues to solicit 

topics and writers for newsletter articles. Sheryl 

McConnell became the new editor of the newsletter 

in 2011 and the Section Executive Committee 

approved an Editorial Services Agreement for her. 

The Section received a request from the ABA 

Young Lawyers Division that was working on a 

“Manual for Attorney to Assist Disaster Victims.” The 

Section provided assistance in reviewing the chapter 

of the manual related to estate planning. 

The Section also reviewed the need for obtaining 

ethics guidance from the Bar related to elective share 

issues and advising married couples on gifting and 

estate planning. 

Budget: 

The Section had an ending fund balance of 

$12,694 as of December 31, 2010. For the year 

to date through November 30, 2011, the Section 

had total revenue of $24,220, and total expenses 

of $24,441, resulting in an ending fund balance of 

$12,474 on November 30, 2011. The Section decided 

not to change its membership dues this year. 


The Section sponsored three bills in the Oregon 

legislature during the past legislative session. All 

three bills were passed and signed into law, as 

follows: 

SB385 – Modifies laws related to elective share of 

surviving spouse. 

SB386 – Provides that property acquired by 

gift and separately held by one party is not subject 

to presumption of equal contribution in domestic 

relations proceeding. 

SB387 – Revises Uniform Principal and Income 

Act. Clarifies that individual retirement account or 

similar retirement plan held by trust established for 

a surviving spouse’s benefit qualifies for federal 

estate tax marital deduction. Provides formula for 

calculating amounts the trust must distribute to 

beneficiaries, and amounts the trust may use to pay 

taxes, when trust is required to pay taxes on entity in 

which trust holds interest. 

The Section also monitored or contributed to 

other legislation affecting estate planning, including 

the following: 

HB2541 – Revised Oregon inheritance tax law. 

HB2683 – Establishes procedure for requesting 

confidential information in protective proceeding. 

HB2684 – Modifies calculation of elective share 

of surviving spouse as it relates to Special Needs 

Trusts. 

HB3269 – Uniform Partition of Heirs Property Act. 

SB815 – Authorizes owner of real property to use 

transfer on death deed to pass real property outside 

of probate at owner’s death. 

SB414 – Small Estate Affidavit provisions for 

access to safe deposit boxes. 

24



The Executive Committee continues its 

consideration of obtaining ethics guidance on the 

issue of potential conflicts between husband and 

wife in their joint estate planning as it relates to 

elective share rules. 

The Section will continue to pursue development 

of legislative proposals relating to non‐intervention 

probate, and it is intended that a work group will be 

formed to develop that legislation. It is hoped that 

the work group will include probate judges. 

The Section continues to solicit suggestions for 

changes to the Oregon Uniform Trust Code (“OUTC”) 

for the purpose of developing legislation that will 

provide clarification and address areas of concern 

under the current OUTC. 

The Section should continue its consideration of 

developing legislation concerning the accessibility 

of a decedent’s digital information and digital assets 

and the authority of fiduciaries relating to those 

assets. 

Respectfully submitted: Eric H. Vetterlein (CH), 

D Charles Mauritz (CH-Elect), Susan N. Gary (Past 

CH), Marsha Murray-Lusby (TR), Jeffrey M. Cheyne 

(SEC), Amy E. Bilyeu, Eric R. Foster, Janice E. Hatton, 

Amelia E. Heath, Melanie E. Marmion, Jeffrey G. 

Moore, Timothy O’Rourke, Ian T. Richardson, Erik S. 

Schimmelbusch, Kenneth Sherman, Margaret Vining, 

Matthew Whitman, Holly N. Mitchell (ADV), Bernard 

F. Vail (ADV), Michelle Castano Garcia (BC), Matthew 

Shields (BL). 

Family Law Section 


The Family Law Section continues to be very 

well regarded throughout the State of Oregon. Our 

member for 2011 is 1100. 

The Annual Meeting and CLE Conference at 

Salishan Lodge had at least 380 in attendance and 

was well conducted. 

Budget: 

The Section continues to be in a strong financial 

position as a result of membership dues and the 

annual conference. Our section dues are still at 

$25.00 per member and we have another surplus to 

our budget going into 2012. 


The Section was very busy with this legislative 

session where all our bills passed and signed 

into law. Currently the subcommittee is gathering 

proposals and concepts for the 2013 session. 

Child Support Guidelines Advisory Committee 

Members of the section are members of this 

committee and work with the committee to make 

sure the representative interests of our members is 

included in the dialogue. 


The Family Law Section worked on updating the 

Family Law Website. 

During our session we had a request to do an 

Amicus Brief on Underwood v Mallory Appellate 

Case A144622. We did not reach a consensus given 

the broad range of views on the issue presented. 

Our section did form a subcommittee to determine 

consensus and write the brief is such a consensus 

was reached. 

The Section started a Professionalism Award and 

the first recipient was Ronald Hergert. His family 

attended the conference to receive the award just 

days before he passed away. 

Respectfully submitted: Anthony H B Wilson (CH), 

Laura B. Rufolo (CH-Elect), Richard William Funk 

(Past CH), Marcia Buckley (TR), Kristen Sager-Kottre 

(SEC), Sean E. Armstrong, Jacy F. Arnold, Debra 

Dority, Christopher J. Eggert, Laura Graser, Andrew 

D. Ivers, Grace Y. Lee, M Scott Leibenguth, Gregory 

P. Oliveros, Linda Reed Haase, Lauren Saucy, Tom 

Kranovich (BC), Susan Evans Grabe (BL). 

Government Law Section 


The Executive Committee planned two CLEs in 

2011 : 

The section’s annual mid-year CLE was held in 

February 2011 at Salishan Spa and Golf Resort. 

Notwithstanding the severe inclement weather 

that week, which precluded some people from 

traveling to the coast, the CLE was well-attended 

and well-received. The executive committee also 

obtained sponsorships to hold a hosted social hour 

at the conclusion of the CLE. The social was wellattended 

and provided an opportunity for public law 

25


practitioners to socialize in a relaxed, collegial setting. 

The section co-sponsored a fall CLE with the 

Oregon State Bar in October 2011. Hon. Adrienne 

Nelson from the Multnomah County Circuit Court 

was the lunch speaker. At the conclusion of the CLE, 

section members adjourned to nearby Claim Jumper 

to enjoy appetizers and a non-hosted social hour. 

Both the CLE and the social hour were well-received. 

The committee also continued to send out 

periodic email updates and alerts to section 

members on legal developments and topics of 

interest to public law practitioners. 

Finally, the executive committee voted at the 

October 2011 meeting to extend up to 25 free 

section memberships to new OSB admittees who 

are (a) unemployed, and (b) have a sincere desire to 

practice government law. As of December 2011, five 

new admittees have requested the opportunity to 

join the government law section. 


The matter pending before the committee is the 

finalization of arrangements for the February 24, 

2012 CLE and social. That event will again be held 

at Salishan Spa and Golf Resort. Alan Rappleyea is 

chairing the subcommittee planning that event. 


For the past several years, the executive 

committee has extended for each of its CLEs a small, 

limited number of fee waivers/scholarships for public 

employees of public agencies that have reduced or 

eliminated CLE or training budgets and therefore 

cannot fund the CLE fees of section member(s) who 

wish to attend. This program has been helpful to 

section members employed by agencies that have 

been negatively affected by the current economic 

downturn. Future executive committees may wish to 

continue this program until the economy stabilizes. 

Respectfully submitted: Lisa M. Umscheid (CH), 

Sharman Meiners (CH-Elect), Christy K. Monson (Past 

Ch), William K. Kabeiseman (TR), Sarah E. Hanson 

(SEC), Alison Kean Campbell, Laurie E. Craghead, 

Virginia L. Gustafson, Stephanie M. Harper, John 

Robert Huttl, Kimberly Anne Medford, Diana L. 

Moffat, Alan Andrew Rappleyea, Kathryn A. Short, 

Jenifer S. Billman (BC), Denise Cline (BL). 

Health Law Section 


The Health Law Section and the Oregon Health 

Lawyers Association once again joined forces this 

year to provide an annual CLE. This year’s CLE 

focused on healthcare fraud and abuse and Oregon 

legislative issues. It also included an update on the 

legal challenge to the federal Patient Protection and 

Affordable Care Act. 

In addition to the annual CLE, the section 

sponsored five one hour, lunch-time CLE 

opportunities. Topics included the Health 

Professionals Service Program, Accountable Care 

Organizations, Mid-Session Legislative Update, the 

Oregon Health Information Exchange, and Medicaid 

Recovery Audits. In addition to providing valuable 

information, these less-formal CLEs provided a 

chance for our members to socialize and strengthen 

their professional ties within the section. 

The Section has continued our outreach to the 

law schools and was able to present at all three 

Oregon law schools this year. Each school had a 

panel of attorneys from the Section who provided 

their individual experiences on practicing healthcare 

law in Oregon. In addition, the Section offered a 

special, discounted annual CLE registration fee to law 

students, enabling several of them to join us at the 

event. 

After several years of continuous effort, the Health 

Law Manual project is finally reaching completion. 

We were able to get all sections to the bar 

publications department for editing and publication. 

The bar editors have indicated that we are on track 

for publication in early 2012. 

The Executive Committee has continued to work 

on updating and enhancing the Section website and 

providing additional information to our members via 

the web. In addition, we have continued to utilize 

the list-serve provided by the bar for communication 

among our members. 

The Administrative Law Section approached the 

Health Law Section this year about helping with a 

project to get agency orders included in Fastcase. 

After reviewing the project, the Executive Committee 

agreed to provide financial assistance and has a 

member serving on the committee overseeing the 

implementation of the project. We have tentatively 

budgeted on-going support for the project, but are 

closely monitoring the project to see if it provides a 

26


value to our members. 

Budget: 

We are estimating an ending balance of $21,354 

for 2011. For 2012 we have budgeted to continue 

the support for the Fastcase project as well and 

budgeted to bring a speaker to the annual CLE. We 

are estimating a slight increase in membership and 

an ending of $11,229 for 2012. 


Oregon, and the country for that matter, is in a 

time of major healthcare reform. The Section has 

continued to monitor the situation but has chosen 

not to actively endorse or suggest legislation at this 

time. 


As noted above, the Health Law Manual 

publication has not been finalized. We continue 

to monitor this. We are also actively watching the 

Fastcase project and working on its implementation. 


The Executive Committee has already begun 

planning for the Annual CLE and intends to continue 

the brown bag seminars. In addition, we are 

recommending less formal meetings with members 

to discuss current healthcare topics. Planning for 

such meetings is underway. 

In 2012, the Committee will need to continue to 

press for completion of the Health Care Manual and 

work with the Administrative Law Section on the 

inclusion of agency orders in Fastcase. The current 

Committee is placing additional financial assistance 

in the budget but recommends approval only after 

evaluation of the progress of the project. We plan 

to continue the Law Student Outreach with all three 

Oregon law schools and to work on ways to add 

further content to the Health Law Section Website. 

Respectfully submitted: Kelly Knivila (CH), Brian 

M. Parrott (CH-Elect), Peter D. Ricoy (Past CH), 

Rachel Anne Wood Arnold (TR), Amy Vandenbroucke 

(SEC), Karen Ann Berkowitz, Gary Thomas Bruce, 

Stephen Christopher Bush, Gwen M. Dayton, Linda 

DeVries Grimms, Molly Burns Herrmann, Robert C. 

Joondeph, Shannon K. O’Fallon, Nicola Yeats Pinson, 

Lauren Rhoades, Leigh Jennifer Rubinstein, Jaclyn K. 

Semple, Barbara M. DiIaconi (BC), Dustin Dopps (BL). 

Indian Law Section 


The ILS had a number of significant 

accomplishments in 2011, summarized as follows: 

Conferences: ILS did not solely host or sponsor 

a CLE this year, however many Section members 

attended the annual meeting of the National 

Congress of American Indians, 68th annual 

convention. This was held in Portland Oregon for 

the first time in many decades. This took place the 

last week of October through November 4th 2011. 

In addition, the ILS sponsored in part and promoted 

an Indian Law symposium in April 2011 at Lewis and 

Clark Law School. 

Special Meetings: The Section sponsored a Native 

Professionals Night that also served to promote and 

sponsor funds for NAYA. This event was held at Ater 

Wynne, LLP law firm on October 5, 2011. This event 

advanced the efforts of the Section to assist Native 

professionals and NAYA. The Section also engaged 

in outreach with the Diversity Section of the Bar, 

and appointed a liaison from the ILS to the Diversity 

Section. 

Newsletter and Web Publications: The ILS 

continued to post information of interest to 

the Section on the ILS website, including job 

opportunities in Indian Law, events and conferences 

concerning Indian Law and tribal activities. The use 

of the Section website has increased each year, 

including through 2011. The ILS also saw increased 

use and communication efficiency in the Section 

listserve in 2011 from prior years. 

Activities in Indian Country: The Section assisted 

the Bar in providing updated information for the 

Bar’s Tribal Court Directory. In addition, through 

the assistance of the ILS EC member affiliated with 

NAPOLS, the Section worked for the development of 

a directory of attorneys and non-attorneys practicing 

in the tribal courts in Oregon. This directory is 

intended to be shared with the ILS and the Bar. The 

Section debated a proposal for an outreach letter to 

Oregon tribes and tribal organizations but tabled this 

issue for further debate in 2012. 

Budget: 

The Section adopted a budget for 2012 of $7,040. 

Included in the budget is $500 for a Campaign for 

Equal Justice contribution, $1,000 for a general 

contribution, $1,040 for Bar support assessments, 

27


and $2,000 for an ILS conference/CLE. 


While the ILS discussed potential legislative 

proposals, it chose not to propose legislation for 

consideration in the 2012 Session. However, the 

Section, through its legislative liaison, monitored 

and advised the Section on the Kurtz legislation in 

the Oregon legislature, relating to law enforcement 

jurisdiction in Indian Country. 


ILS is currently voting on two end-of-year 

contributions to Oregon-based Native youth 

organizations. 


ILS needs to increase discussion on creative 

methods with which a largely-Portland-centered 

section membership could conduct more effective 

outreach with the Section members and Indian tribes 

located outside of the Portland-metro area. 

2012 Executive Committee 

Officers: Chair: M. Brent Leonard, Chair-Elect: 

Stephen P. Kelly, Treasurer: Michael J. Grieser, 

Secretary: Jenifer Biesak, Past Chair: David D. Shaw 

Members-at-Large – Terms Ending 12/31/13: 

Jennifer A. Amiott, Craig J. Dorsay, Lauren Lester, 

Douglas C. MacCourt, Stephanie Striffler 

Existing Members-at-Large – Terms Ending 

12/31/12: Lee Shannon (replacement for resignation 

of Lisa Jean Bluelake), Melissa M. Robertson, Starla 

K. Roels, John M. Schultz, Carl V. Ullman 

Respectfully submitted: David D. Shaw (CH), M. 

Brent Leonhard (CH-Elect), Douglas C. MacCourt 

(Past CH), Stephen P. Kelly (TR), Jennifer Biesack 

(SEC), Jennifer A. Amiott, Lisa Jean Bluelake, Craig 

J. Dorsay, Michael J. Grieser, Brent H. Hall, Melissa 

Masat Robertson, Starla K. Roels, John M. Schultz, 

Lee Kevin Shannon, Carl V. Ullman, Audrey T. 

Matsumonji (BC), Michelle Lane (BL). 

Intellectual Property Section 


We conducted our annual “IP Year in Review” CLE 

on January 21, 2011. We also continued our monthly 

“Brown Bag” lunch CLE’s at “The Cleaners” facility at 

the Ace Hotel. 

Our biggest event/accomplishment was the 

Annual Meeting, for which we co-organized a variety 

of significant events in conjunction with the visit 

to Oregon by the Federal Circuit Court of Appeals. 

The events included two dinners; two CLE’s; and a 

cocktail reception. 

We also continued with our ongoing, periodic 

“happy hour” social events for the Section. 

We also co-sponsored and co-organized an event 

with Lewis & Clark Law School, namely, a luncheon 

and CLE with Mary Beth Peters, former Register of 

Copyrights for the United States. 

Budget: 

The Section remained “on budget” throughout 

the year in accordance with the 2011 budget that 

was prepared at the end of 2010. In fact, due to the 

overwhelming success of the Annual Meeting events 

noted above, the Section will end up significantly 

“over budget” for the year as a result of significant, 

unanticipated registration and sponsorship income 

from those events. The extra income is an anomaly, 

and we did not budget for similar revenue in advance 

of 2012. 


The Section has approved an agreement with The 

Cleaners to continue the Brown Bag series, and the 

2012 IP Annual Review is scheduled. We anticipate 

ongoing happy hour events in 2012, and there will be 

an Annual Meeting CLE. 

Respectfully submitted: Michael Heilbronner (CH), 

Michelle C. Craig (Past CH), Timothy S. DeJong (TR), 

Karen Wetherell (SEC), David Stanley Aman, Bartley 

F. Day, Thomas L. Evans, Allen Field, Kevin M. Hayes, 

Amanda L. Mayhew, Ambyr M. O’Donnell, David C. 

Ripma, Thomas J. Romano, John D. Russell, Thomas 

E. Vesbit, Devon Zastrow Newman, Maureen Claire 

O’Connor (BC), Dustin Dopps (BL). 

Juvenile Law Section 


Annual CLE 

We planned and co-sponsored the February 

CLE, “Permanency Hearings” at the World Forestry 

Center. Jamie Troy moderated the very well attended 

seminar. Key speakers included Lois Ann Day from 

DHS, Judges Michael Livingston, Judge Maureen 

McKnight and psychologist, Dr. Daniel Rybicki. This 

28


seminar covered topics surrounding permanency 

hearings, evidence, communicating with children, 

preparing for the permanency hearing, appellate 

issues, and reviewing psychological evaluations. 

The Section issued awards to certain practitioners, 

voted by their peers for special recognition in areas of 

professionalism, advocacy and special projects. The 

Section will continue this award ceremony annually 

to specially recognize outstanding practitioners. Last 

year, Greg Karpstein & Janie Burcart received the 

Professionalism Award, and advocacy awards were 

issued to both Adam Peterson and Sarah Robbins. 

The Section provided scholarships to this CLE for 

students from each of the three law schools in the 

State. 

The Section also is finalizing the planning for 

the upcoming Feb 10, 2012 CLE. It will be entitled 

Beyond the Codebook: Ethics, Appellate Law and 

ICWA. We have secured Judge William Thorne, Jr. to 

speak about ICWA. Judge Thorne sits on the Utah 

Court of Appeals. He is also a Native American and 

nationally recognized speaker on the topic of ICWA. 

Two experienced appellate lawyers, Shannon Flowers 

and Inge Wells, will present the appellate update. 

Peter Jarvis, a partner from Hinshaw & Culbertson, 

will speak about certain ethical issues that continue 

to occur during juvenile dependency representation. 

We also have nominations for awards to be 

presented. The Committee will finalize its selection of 

these candidates in our December 10, 2011 meeting. 

Website 

The Juvenile Law Section has changed the 

website format and appearance this year. We intend 

to include appellate updates, although that has not 

yet been implemented. Aside from that, we intend 

to build on our website in the future to include more 

information and links that practitioners will find 

useful. Our website is continuing to be a work in 

progress. 

Membership 

The Committee has continued its efforts to 

increase members and has maintained the practice 

of offering free memberships to judges and those 50- 

year members of the Oregon State Bar. In addition, 

the Committee has offered free 2011 membership 

for 2011 bar admittees. Our section voted to allow 

two law students from each law school to attend the 

upcoming CLE for free, and we also voted to pay for 

their lunches. Although we are bearing this expense, 

we believe this gesture is conducive to increased 

enrollment. 

Budget: 

We are now reaping the benefits of keeping our 

budget pretty lean for the last couple of years. We 

should end the year with a balance of approximately 

$9,000. We submitted our 2012 budget to the bar 

previously. We expect to operate within the budget 

for 2012, with a surplus carrying over to 2013. 


The Section discussed pending legislation on 

juvenile matters. Due to the diversity of members 

from the Section (DOJs, DAs, Defense Attorneys), 

the Section elected not to make any formal 

recommendations to any legislative matters. There 

obviously would be disagreement between Section 

members as to their respective positions on certain 

legislation. Our Section has two members that report 

on legislative issues at each meeting, so we are 

collectively informed about certain laws effecting 

juvenile law. 

Matt Shields from the OSB Public Affairs Dept. 

paid our Section a visit at our October 8, 2011 

meeting. He informed the Section about how to 

make suggestions for any bills for the next session. 


Executive Committee members have continued as 

liaisons for the Family Law, Criminal Law, and Indian 

Law sections. 

Formal subcommittees for CLE, website, 

membership & awards were formed working 

between Executive Committee meetings. Seven 

Executive Committee meetings were scheduled for 

2011. 

During this year, member attendance at meetings 

was not at it’s best, so many issues were discussed 

and resolved via e-mails. Also, the Secretary left the 

Section mid-year, which resulted in some chaos 

regarding the minutes. Ultimately, that was resolved 

and another member volunteered to take over that 

position. 

We had 6 openings for positions within our 

Committee. Two of those were filled by unanimous 

vote of the Committee (Professor Leslie Harris and 

Deputy DA, Carrie Rasmussen). Presently, there are 

4 positions open. The Chair of our Membership 

Committee sent an e-mail to all juvenile practitioners 

29


statewide seeking candidates. We had 10 responses 

and our Committee will be voting on those folks at 

our December 10 th meeting. Presently, we believe 

our Committee is comprised of active juvenile law 

practitioners around the state, balanced between 

defense and State attorneys. We also have a juvenile 

judge, two active ICWA members and one appellate 

lawyer. The candidates for section membership 

all have excellent reputations and are sincerely 

interested in juvenile law matters. 

Annual Meeting 

The Section Annual Business Meeting was 

originally scheduled for Saturday, October 8, 2011. 

However, due to a lack of quorum, some issues had 

to be voted on via e-mail. Our 2012 slate was voted 

on an approved as well as an issue for the upcoming 

CLE. 

Respectfully submitted: Christine Kantas Herbert 

(CH), Shannon L. Flowers (CH-Elect), Cathy M. 

Ouellette (Past CH), Sheri Thonstad (TR), Kathleen 

Payne (SEC), Peter D. Ellingson, Honorable James 

Lee Fun, Leslie J. Harris, Whitney Hill, Maren E. 

Lundgren, Amy Saeger Miller, Shannon N. Penner, J 

Adam Peterson, Carrie Elaine Rasmussen, Judith L. 

Swanson, Robin J. Wright, Jenifer S. Billman (BC), 

Michelle Lane (BL). 

Labor and Employment Section 


The Section held its annual conference on 

September 23 and 24, 2011 in Sun River, Oregon. 

There were approximately 60 attendees, 23 of which 

were speakers. The program was one of the most 

diverse programs in recent years both in terms of 

topic selection and speakers. The program content 

covered issues of ethics, mediation, professionalism, 

mentoring, case law and legislative updates, and 

break out sessions for employment and labor 

law practitioners. With the generous sponsorship 

donations by multiple law firms, attendees enjoyed a 

hosted cocktail hour / social networking opportunity 

on Friday with live Jazz music, as well as a full 

breakfast and lunch on Saturday. The Section 

received very positive feedback from attendees. 

In 2010 the Section authorized the creation of a 

website for the Section, although it did not get off 

the ground this year. Committee members will try to 

get the site running in 2012. This website will serve 

the membership through incorporation of a listserv, 

recent developments and job board, if possible. The 

challenge with the website identified by Section 

members is the time and content needed to keep the 

website fresh and helpful to the members. 

Budget: 

The Section evaluated a couple of line item entries 

this year at the suggestion of the Treasurer and 

ultimately determined to keep contribution levels and 

line items estimates basically the same for budget 

purposes only. The Section will consider how to 

distribute the funds allotted for contributions in early 

2012. The amount allotted for meeting meals was 

also increased to reflect more realistic estimates of 

costs given the size of the committee. As expected, 

the annual conference in Sun River failed to yield the 

revenue generally received at the Portland event, but 

the available fund balance remains strong and viable 

for 2012. Finally, the Section considered increasing 

member dues for 2012 and voted to keep the fee the 

same as in previous years. 


The section is planning on having its annual 

meeting in Portland in late September / early 

October 2012. The section would also like to 

continue its breakfast briefing series with at least 

three briefings in the Portland area and possibly a 

lunch or afternoon event. The Section would like to 

consider again its mission and re-evaluate how our 

activities and contributions are working to serve 

that mission. The Section would also like to explore 

more opportunities to co-sponsor events with other 

sections. 

Respectfully submitted: Jennifer L. Bouman (CH), 

Scott N. Hunt (CH-Elect), Thomas K. Doyle (Past CH), 

Norman D. Malbin (TR), Brenda K. Baumgart (SEC), 

Barbara J. Diamond, Henry H. Drummonds, Paul B. 

Gamson, Paul M. Ostroff, Susan L. Stoner, Nathan 

Schwartz Sykes, Katherine C. Tank, Jason Michael 

Weyand, Richard R. Meneghello, Julia Williams, 

Hunter B. Emerick (BC), Christine Kennedy (BL). 

Products Liability Section 


Newsletter 

Andy Lee served as newsletter editor this year. 

Two newsletters were published. As Mr. Lee will 

continue to serve as treasurer for 2012, a new editor 

30


will be recruited from the committee, with a goal of 

three newsletters during the calendar year 2012. 

Publication Contest 

In February, after more than a year of work to 

generate interest in a publication contest for law 

students, the committee decided to discontinue the 

program due to apparent lack of interest on the part 

of students. Only two papers were submitted, neither 

of which were deserving of the prize, in the opinion 

of the screening subcommittee. 

CLE 

A CLE program was held in October, and judged 

a success by the committee. Thanks to accumulated 

funds in our account, the CLE subcommittee 

was able to secure a prominent Washington, D.C. 

attorney, Robert Peck, to speak on the subject of 

punitive damages. The program was well-attended 

and reviews were positive. 

Happenings of Interest 

To take the place of the publication contest, which 

was intended to be an outreach to law students, 

the committee undertook a new program to send 

lawyers from the committee to the law schools for an 

“informal CLE.” The idea was that two lawyers with 

experience in product liability litigation would attend 

an afternoon social, with refreshments provided by 

the committee, giving interested students a chance 

to ask questions and learn more about how product 

liability legal principles play out in actual practice. 

Events were held at Willamette and Lewis and Clark, 

and were well-received. More are planned for 2012. 

Nominating Committee and Annual Meeting 

The nominating subcommittee submitted a slate 

of attorneys to fill the open at-large positions and 

to serve as officers for next year. The slate is evenly 

balanced to provide practitioners from both sides 

of the bar. The 2011 Annual business meeting, 

including election of officers and at-large members, 

is scheduled to be held electronically on Thursday, 

December 8, 2011. 

Budget: 

The section’s account balance as of October 

31 st stood at approximately $6,867. The balance is 

somewhat higher than anticipated in part because no 

publication contest prize was awarded. On the other 

hand, due to our continuing surplus, the committee 

approved additional expenditure to attract a national 

speaker for the CLE. The Executive Committee 

understands that maintaining a substantial balance is 

not necessarily desired, and again plans to use funds 

to promote the section’s mission with a national 

speaker for next year’s CLE. 

A proposed annual budget for 2012 was approved 

by the committee and has been submitted to the Bar. 

No dues increase was proposed for 2012. 


Membership in the section is down slightly. The 

committee plans to undertake a study to determine 

whether steps should be taken to increase the 

membership. 

The section continues to carry a substantial 

surplus in its account. As noted above, the 

committee plans to spend down some of the funds 

to retain a national speaker again for the 2012 CLE. 

While this takes care of the surplus, the CLE does 

not pay for itself and there are not sufficient funds 

coming in from dues alone to maintain this practice. 

The committee will need to address whether to 

increase membership and/or dues, and also look for 

other ways to defray the cost of the CLE, if we intend 

to continue to offer out-of-state speakers. 

For the legislative session in 2012, the committee 

will meet in January to consider possible changes 

to propose through the OSB Public Affairs Office. 

No particular areas of concern were raised in the 

committee in 2011; however, input on proposed 

legislation is an appropriate function for the section 

where general consensus exists. 

Respectfully submitted: Todd Bradley (CH), 

Deanna L. Wray (CH-Elect), David Casby Rocker 

(Past CH), Andrew Lee (TR), Leslie W. O’Leary (SEC), 

Patrick D. Angel, Jeffrey A. Bowersox, Brian Campf, 

Matthew K. Clarke, Travis Eiva, Scott F. Kocher, Scott 

C. Lucas, Steven D. Olson, Rachel A. Robinson, Evan 

M. Schechter, Stephen P. Yoshida, David Wade (BC), 

Camille Greene (BL). 

Real Estate and Land Use Section 


Summary – The Executive Committee and its 

subcommittees were active throughout the year. 

The Executive Committee met monthly except in 

the month of July. Subcommittees met as needed. 

Subcommittees consisted of Education, Real 

Property Legislation, and Land Use Legislation. 

Subcommittees reported regularly to the Executive 

Committee. 

31


Education – Education is a primary goal of the 

section. The RELU Annual meeting seminar was held 

August 12 and 13 at The Riverhouse Conference 

Center in Bend. Registered attendance was about 

189 attendees (153 paid and 36 comps). At one 

point the estimated attendees was low, but late 

registrations brought the number of attendees up 

to 189, which is a still slightly below the average of 

about 200 attendees over the last few years. The 

Annual Meeting subcommittee, with assistance from 

Norma Freitas, was responsible for the meeting and 

continuing education programs presented, providing 

11.5 credits for those attending all of the sessions, 

including one ethics and on access to justice credit. 

The section also held a one-day CLE at OSB Center 

in Tigard on advanced topics of Real Estate and Land 

Use, co-sponsored with the OSB on November 16. 

In addition the section sponsored several lunch-hour 

continuing education programs in Portland that drew 

about 100 attendees. 

RELU Digest – The Real Estate and Land Use 

Digest continues to publish five or six times a year. 

At this writing in 2011, so far issues were published 

in January, April, June and August and one is due 

out in December. The digest began about 1978 and 

has consistently produced a high-quality publication 

primarily discussing Oregon case law. It is ably edited 

by Kathryn Beaumont and has a number of volunteer 

co-editors who write the reviews. The Digest is 

distributed electronically to all members unless 

requested otherwise and copies are sent to judges 

and law librarians. Publications are archived back to 

2000. 

RELU Website – The section website is 

periodically updated and the calendar increased to 

show other bar related activities that would be of 

interest to members of the section. 

RELU Listserve – The listserve continues to 

provide a useful communication tool for section 

members to exchange ideas and to post questions 

on legal issues. The Executive Committee appoints 

a list serve moderator, but the listserve is largely 

self-governing. It is one of the most beneficial and 

widely-used services provided by the Section to our 

members. Over a year’s time there were over 24,000 

visits by members, averaging about 2,000 visits per 

month, which is an increase of about 500 visits per 

month over last year. 

Membership and Volunteer Development – 

The Executive Committee continues to focus 

on membership development and attempts to 

encourage new and continuing section members to 

volunteer opportunities. New initiates to the Bar are 

offered a free membership for the balance of the 

year of swearing-in. Sign-up sheets are distributed at 

the annual meeting encouraging participation in the 

subcommittees. 

Budget: 

2011 revenues and expenditures will be generally 

within budget. Membership is slightly down 

probably due to the economy. Reserves remain at a 

reasonable level and are intended to cover the cost 

of our two major CLEs should there be a dramatic 

downturn in attendance or a cancellation. 


Our section had only one bar-sponsored bill 

relating to land use for the legislative session in 2011 

although we tracked all bills relating to our section. 

Both subcommittees track all bills relating to real 

estate and land use. Normally there will by 200-300 

bills of that nature in a session. 


The section is recommended to continue planning 

for two major CLE sessions, one in combination 

with the Annual Meeting. Continuation of the Digest 

as a benefit to our members at no additional cost 

is expected. The Committee should continue to 

monitor related bills and receive reports from the 

subcommittees. The listserve should continue to be 

promoted and enjoy a high level of use. The website 

should continue to house pertinent information and 

increase it calendar of activities. Long-range planning 

should be developed more fully. 

Respectfully submitted: John C. Pinkstaff (CH), 

Christian E. Hearn (CH-Elect), Gregory L. Nelson 

(Past CH), Tod A. Bassham (TR), Jeffrey B. Litwak 

(SEC), Thomas E. Bahrman, Jennifer M. Bragar, 

Joshua A. Clark, Laurie E. Craghead, Liz Fancher, 

Patricia A. Ihnat, Dustin R. Klinger, Norma S. Freitas 

(ADV), Kenneth Mitchell-Phillips Sr. (BC), Michelle M. 

Peterson (BL). 

Securities Regulation Section 


Held seven Continuing Legal Education luncheons 

on securities regulation topics; obtained 0.5 MCLEapproved 

credits for each presentation. As of the 

32


date of this report, MCLE approval has not yet 

been sought for the November and December 

presentations, but approval is expected to be granted 

upon application. 

Presentation to law students at Lewis & Clark Law 

School regarding the practice of securities law. 

Assisted in hosting Northwest Securities Institute 

in Portland, Oregon along with Oregon State Bar, 

Washington State Bar, and the Idaho State Bar. 

Executive Committee Membership 

2011 Officers: Chair - Paul H. Trinchero, Garvey 

Schubert Barer; Chair-Elect - Tanya A. Durkee, Lane 

Powell PC; Past Chair - David Matheson, Perkins Coie 

LLP; Treasurer - Jeffery Bird, Schwabe, Williamson & 

Wyatt P.C.; Secretary - Jacob Gill, Stoll Berne. 

2012 Officers (Elected at October 18, 2011 Annual 

Meeting): Chair - Tanya A. Durkee, Lane Powell PC; 

Chair-Elect - Jeffery Bird, Schwabe, Williamson & 

Wyatt P.C.; Past Chair - Paul H. Trinchero, Garvey 

Schubert Barer; Treasurer - Jacob S. Gill, Stoll Berne; 

Secretary - Jason Barker, Holland & Knight, P.C. 

Committee Members Elected for Two-Year Terms 

at 2011 Annual Meeting: Nancy Chafin, Marco 

Materazzi, M Christopher Hall, Van Pounds, Alice 

Cuprill-Comas. 

Continuing Members Elected for One-Year Terms 

at 2011 Annual Meeting: Michael Esler, David Wang, 

Michael Taylor, Brad Daniels, Matthew Larson. 

Monthly Luncheons and Annual Meeting 

The Securities Regulation Section held monthly 

luncheons with CLE speakers in Portland, primarily 

at the Governor Hotel. A list of the monthly lunch 

speakers for 2011 and the dates and subjects of their 

presentations follows: 

2011 Luncheon Speakers 

February 4-5—Northwest Securities Institute – No 

lunch meeting 

March 16 – Michael Taylor (Holland & Knight) 

“First Round Venture Capital Financings” 

April 20 – Professor Meyer Eisenberg – “Insider 

Trading Returns—Bigger and Better than Ever!” 

June 15 – Jacob Gill (Stoll Berne) – “Pleading 

Standards under the PSLRA” 

July 20– Michael Esler (Esler, Stephens & Buckley) 

– “From Oranges to Bedpans: The Evolution of Real 

Estate Securities” 

September 21– Professor Jennifer Johnson – 

“Securities Class Actions in State Court” 

November 16 – Robert Banks—“FINRA: What It Is, 

What It Does, and What It Wants to Do” 

December 21 – Van Pounds (OR Division of 

Finance and Corporate Securities) --“From One to 

Zen: Securities Regulation Highlights from a DFCS 

Perspective.” 

2011 Annual Meeting Speaker 

The Securities Regulation Section held its Annual 

Meeting in Portland on October 18, 2011. Keynote 

speaker Wally Van Valkenberg (Stoel Rives) presented 

“Oregon: Open for Business.” 

Budget: 

The Section continues to enjoy a positive financial 

situation. As of October 31, 2011, the Section had a 

cash balance of $8,005, which has accrued over 

several years, and the cash flow from membership 

fees and other revenue sources was sufficient 

through the ten months ended October 31, 2011 

to cover expenses relating to luncheons and the 

Section’s other activities. 

In 2011, the Section again awarded a $500 

scholarship to the top securities law student at each 

of Oregon’s three law schools who was chosen by 

the professor who teaches securities regulation at 

the school. The Section also contributed $500 to the 

Campaign for Equal Justice. 

For 2012 the Section projects a continuing 

positive cash balance and expects to continue 

its monthly luncheons, its scholarships and 

contributions, and its sponsorship of and 

participation in the Northwest Securities Institute, 

which will be held in Seattle in February 2012. 


As of July 31, 2011, the Section had 240 

members. 

Tanya Durkee Urbach represented the Section on 

the planning committee for the Northwest Securities 

Institute program held in Portland, Oregon in 

February, 2011. 

Respectfully submitted: Paul H. Trinchero (CH), 

Tanya Durkee Urbach (CH-Elect), David S. Matheson 

(Past CH), A. Jeffery Bird (TR), Jacob S. Gill (SEC), 

Kevin C. Anselm, Jason Hartley Barker, Paul J. 

33


Blechmann, Michael J. Esler, Sara N. Gray, Justin R. 

Martin, Justin C. Sawyer, David C. Wang, Steve D. 

Larson (BC), Susan Roedl Cournoyer (BL). 

Sole and Small Firm Practitioners 

Section 


The Executive Committee held meetings on the 

first Saturday of each month throughout the year. 

Section members and their guests also attended 

monthly networking lunches at the Old Spaghetti 

Factory on the south waterfront in Portland 

The Listserv continues to be active and in addition 

to providing resources to members on substantive 

and procedural issues, it serves as the primary form 

of communication about section news, programs and 

upcoming events. 

The section website, found at www. ssfps. 

org, continues to develop into a dynamic practice 

management aid and marketing tool for section 

members. Plans are in place to further develop the 

lawyer profile pages of the website so that the public 

may be made better aware of the services offered by 

section members. 

The section sponsored numerous CLE events 

throughout the year, each addressing the specific 

challenges and interests of sole and small firm 

lawyers. The annual meeting CLE and luncheon 

surpassed attendance projections, included lively 

discussion about the proposed changes to the LRS 

revenue model and culminated with the election of 

a full slate of Executive Committee members. An 

afterhours networking event at Charles Barlycorns 

was well attended. 

A tech and vendor fair is planned for the first part 

of 2012 and will feature two nationally recognized 

speakers. Planning is also underway for the first 

annual conference of Oregon sole and small firm 

practitioners, a two day event that is anticipated to 

take place in the fall of 2012. 

Budget: 

Minor revisions were made to the budget and 

dues will remain at $15.00. 


We continue to be concerned about funding for 

the law libraries around the State. Our legislative 

coordinators for 2012 will be appointed at the final 

meeting of 2011. 


The Executive Committee continues to be 

committed to encouraging greater involvement of 

sole and small firm lawyers practicing outside of 

the Portland metro area. In addition, the Executive 

Committee established a SSFP Section membership 

third year law students who intend to enter sole or 

small firm practice upon graduation and will invite 

one third year law student from each Oregon law 

school to serve as an associate member of the 

executive committee. 


Continue to develop and encourage use of the 

section website and make greater efforts to solicit 

content contributions from the membership. Sponsor 

CLE and networking events outside the Portland 

metro area. 


We now have over 600 members, an all time high 

for SSFP Section membership. 

Respectfully submitted: Janice L. Hazel (CH), 

Myah Michelle Osher (CH-Elect), Kelly Michael Doyle 

(Past CH), Donna G. Goldian (TR), Joshua S. Williams 

(SEC), Russell D. Bevans, Erin Cecil-Levine, Michael 

L. Cooper, Vincent A. Deguc, David H. Madden, W. 

Scott Phinney, Gary Underwood Scharff, Barbara 

Smythe, Tom Kranovich (BC), Rod Wegener (BL). 

Sustainable Future Section 


The Sustainable Future Section was created at 

the end of 2009. In 2010, the Executive Committee 

devoted considerable attention to organizational 

activity, including attracting members, adopting a 

mission statement, developing a web site, creating 

a newsletter, identifying program concepts, and 

establishing objectives and priorities. Building on 

this organizational activity, the Executive Committee 

was able to refine and vigorously pursue its primary 

objectives in 2011. 

In April, 2010, the Section began publishing its 

newsletter, The Long View, on a quarterly basis. 

During 2011, The Long View was published quarterly 

(with the fourth edition of the newsletter to be 

34


published in December, 2011). The Long View 

has featured a variety of authors and a wide array 

of sustainability topics. Except for an initial paper 

edition, The Long View is distributed electronically to 

minimize paper use and reduce production expenses. 

The Long View is edited by Michelle Slater, who is 

assisted by an Editorial Board comprised of Executive 

Committee members. 

During 2011, the Section presented the following 

eight programs: (i) “2011 State Legislature--Outlook 

for Sustainability” (January 2011; brown bag lunch); 

(ii) “The Steady State Economy” (March 2011; brown 

bag lunch); (iii) “Environmental Marketing Claims: 

Changes Coming with the New FTC Green Guides” 

(April 2011; brown bag lunch; co-sponsored with the 

Antitrust and Trade Regulation Section); (iv) “Nuclear 

Power: Industry Rebound or Meltdown” (May 2011; 

brown bag lunch); (v) “The Paperless Office” (May 

2011; brown bag lunch); (vi) “Human Right to Water” 

(June, 2011; Bend); (vii) “Ecosystem Services” 

(October 2011; brown bag lunch); and (viii) “Oregon 

Land Trusts” (October 2011; brown bag lunch). CLE 

credit was approved for all of these programs. 

In 2010, the Section created Sustainable 

Leadership Awards to recognize the exceptional 

contributions of both lawyers and law firms in 

advancing sustainability. Based on the Section’s 

recommendation, the Board of Governors 

also created the Oregon State Bar President’s 

Sustainability Award in 2010. In light of the OSB 

President’s Sustainability Award, the Sustainable 

Leadership Award was changed in 2011 to recognize 

only an Oregon law office that demonstrates 

leadership in sustainability. Schwabe, Williamson 

& Wyatt received the 2011 Law Office Sustainable 

Leadership Award and was honored at the Section’s 

Annual Celebration in November 2011. 

The Section has created several study groups. 

In 2011, a study group completed its review of the 

barriers to filing double-sided documents in state 

courts as permitted by existing state court rules and 

published its findings in the Spring 2011 edition of 

The Long View. Currently, a study group is reviewing 

the emergence of sustainability criteria in requests 

for proposals involving legal services. Another group 

is currently studying the feasibility and effect of 

creating a state office of legal guardian to analyze 

how proposed legislation and administrative rules 

might impact the environmental interests of future 

generations. It is anticipated that the findings of 

these study groups will be covered in articles in The 

Long View or in the Section’s programs. 

In 2011, the Executive Committee designed its 

Partners in Sustainability program to provide webbased 

recognition to law firms that implement 

sustainable office practices that satisfy criteria 

established by the Section. The Partners in 

Sustainability program will be launched in late 2011 

or early 2012. 

The Section also upgraded its web site in 2011 

in several respects, including links to sustainability 

resources to assist lawyers and others seeking 

additional information on sustainability topics. 

Finally, the Executive Committee provided 

support in 2011 for various sustainability measures 

undertaken by the Oregon State Bar and contributed 

a report for the international Rio 20 Compilation 

Document on the activities of the Section and the 

Oregon State Bar relating to sustainability and the 

efforts that can be undertaken by lawyers with 

respect to sustainability. 

Budget: 

As of November 28, 2011, the Section’s projected 

2011 expenses were $5,673 with a projected yearend 

balance of $1,572. As in 2010, the Executive 

Committee continued to spend Section funds 

conservatively in 2011. The largest expenditures 

were for the OSB services assessment, CLE program 

expenses and the annual award and celebration 

event. As anticipated, the Section’s spending in 2011 

followed the budget more closely than in 2010. 

For 2012, major budgeted expenses include CLE 

programs ($1,000), outreach ($1,000), the annual 

award and celebration event ($1,000), and special 

projects ($1,000). The special projects category 

expenses are associated with the launch of the 

Partners in Sustainability program. 


The Section did not propose any legislation for 

the 2011 regular session of the Oregon Legislature. 

The Section’s legislative activity has been limited to 

monitoring legislation that pertains to sustainability. 


In late 2011 or early 2012, the Executive 

Committee plans to initiate its Partners in 

Sustainability program to provide web-based 

recognition to law firms that implement sustainable 

office practices that satisfy criteria established 

35


by the Section. The Executive Committee will be 

involved in 2012 in actively promoting the Partners 

in Sustainability program to attract participation by 

Oregon law firms. 

The Long View will continue to be published 

electronically on a quarterly basis during 2012. The 

Section is continuing with its efforts to expand the 

distribution list for the newsletter. All editions of 

The Long View will continue to be available on the 

Section’s web site. 

The Section anticipates offering between six and 

eight programs for CLE credit in 2012. Many of the 

programs are anticipated to be in the brown bag 

lunch format successfully utilized by the Section in 

2011. 

During 2012, the Section’s two current study 

groups will complete their work on the emergence 

of sustainability criteria in requests for proposals 

involving legal services and how the environmental 

rights of future generations might be protected by the 

establishment of an office of legal guardian. Findings 

of these study groups may be covered in articles in 

The Long View or in the Section’s programs. 

The Section will initiate in 2012 a “Sustainable 

Tips” feature for its web site and newsletter. The tips 

will be written by Oregon lawyers (or law office staff) 

and describe the first-hand experiences of law firms 

in implementing various sustainable office practices 

of general interest. 

In conjunction with the Oregon State Bar, the 

Section will make a presentation on February 1, 2012 

to the National Association of Bar Executives on (i) 

the process utilized in Oregon to advance an interest 

in sustainability among lawyers and (ii) the respective 

activities of the Bar and the Section relating to 

sustainability. 

In 2012, the Executive Committee intends to 

broaden its outreach to other Bar sections with 

respect to identifying common objectives, sharing 

resources, and jointly sponsoring CLE programs. The 

Executive Committee also plans to continue its efforts 

to create better coordination with the Oregon law 

schools and law students. 

Respectfully submitted by the Executive 

Committee: James M. Kennedy (CH), Michelle Slater 

(CH-Elect), Robin Bellanca Seifried (TR), Dallas Steven 

DeLuca (SEC), Jennifer L. Gates, Ellen H. Grover, 

Diane Henkels, Amie Jamieson, K. Patrick Neill, and 

Richard E. Roy. 

Taxation Section 


New Tax Lawyers Committee 

• Headed by Jennifer Woodhouse. 

• Free brown-bag lunch series with speakers on 

various tax topics. 

• Mentor program with 40 participants. It is in 

its second year and has received quite positive 

feedback from both mentors and mentees. The 

program doubled in size this year. 

• Stipend program: $4800 12-week stipend. The 

section had two recipients. Both recipients chose 

to work at Legal Aid during the summer. 

• Outreach program. 

• Scholarship program. 

• Pub talks. 

• Potluck. 

• Mentor of the Year Award given to Valerie Sasaki. 

• Organizing panels for law school visitations. 

Laws Committee Update 

Headed by Robert Manicke. 

As of February meeting, 124 bills had been 

delivered to the committee. 

• Dan Eller and Amy Zubko developing a publicly 

available document to help track the bills. 

• Working on article re ORS 316.032 and 

whether IRS positions bind courts in certain 

circumstances. 

• Focus includes worker classification appeals bill, 

capital gain/kicker reform, taxpayer ombudsman 

bill, and denial of deductions for certain 

charities. 

• Closely monitored revenue and tax credit 

committees. 

• 16 committee members reviewed about 160 

bills, of which about 30 passed. 

• Trying to streamline the comment process with 

the DOR. 

• Discussed possible program to provide legal 

assistance to pro se litigants with cases before 

the Tax Court. 

36


Award of Merit 

• Headed by Jeffrey Tarr. 

• Two nominations were received. For various 

reasons, the Executive Committee voted to not 

make an award in 2011. 

• We revised the Award of Merit Guidelines, 

allowing for posthumous awards and awards to 

retired attorneys. 

• The Executive Committee approved the 

development of a “tombstone” for insertion in 

the Bar Bulletin honoring prior recipients of the 

Award of Merit and seeking nominations for 

2012. 

CLE 

Monthly Luncheon Series CLEs 

Portland 

• Headed by John Magliana and Katherine 

VanZanten. 

• Nine lunches in 2011. 

• Well attended by a broad cross-section of the 

OSB Tax Section. 

Salem 

• Headed by Barbara Smith. 

• Seven lunches in 2011. 

• Well attended by members of the OSB Tax 

Section and local CPAs. 

Broadbrush CLE 

• Headed by Dan Eller. 

• October 21. 

• Speakers included Nikki Dobay, Kevin Pearson, 

Gwendolyn Griffith, Howard Feinman, Donald 

Grim, Jessica Shoup, Jennifer Woodhouse, Scott 

Shieffelbein and Dan Eller. 

Tax Institute 

• June 2-3 at MAC. 

• Speakers included Stef Tucker, Marty McMahon, 

Bill Manne, Sam Donaldson, a panel including 

Neil Kimmelfield, Chris Heuer, Peter Osborne 

and Jeff Wong, and Dave Culpepper, Presiding 

Magistrate Jill Tanner, Kevin Thomason, Patrick 

Green and Professor Ann Murphy. 

• 112 attendees. 

Newsletter Committee 

Published three newsletters as of October 2011. 

A fourth newsletter will be published in either late 

December 2011 or early January 2012. 

Website 

A new website is up and running. The section 

continues to work on improving the site. Input of 

section members is welcomed. 

IRS Liaison 

Jeff Wong heads this program. IRS puts on a 

liaison meeting twice a year for CPAs, tax lawyers and 

tax preparers, to discuss developments at the IRS. 

Budget: 

Treasurer Jeffrey Tarr submitted a 2012 budget to 

the OSB which was approved by the OSB Tax Section 

Executive Committee at the annual meeting. 

Contribution to LASO 

The section contributed $5000 to Legal Aid 

Services of Oregon. The donation was earmarked for 

the provision of federal, state and/or local tax law 

representation. 

Thanks to the efforts of the OSB staff, the 

Executive Committee of the section and the 

members of the section, 2011 was a successful year. 

With our strong committees, including the New 

Tax Lawyers Committee and its Mentor Program, 

we expect to see continued growth in the active 

involvement of our members statewide. 2012 should 

be another successful year. 

Respectfully submitted: Larry Joseph Brant (CH), 

Neil D. Kimmelfield (CH-Elect), Valerie Sasaki (Past 

CH), Jeffrey S. Tarr (TR), Robert T. Manicke (SEC), 

David C. Culpepper, Dan Eller, Heather E. Harriman, 

Mark F. LeRoux, John Anthony Magliana, Ryan R. 

Nisle, Barbara J. Smith, Jeffrey M. Wong, Jennifer L. 

Woodhouse, Hunter B. Emerick (BC), Karen D. Lee 

(BL). 

Workers’ Compensation Section 


The section held its Annual Meeting on May 13, 

2011 at the Salishan Lodge at Gleneden Beach, 

Oregon. The meeting was chaired by Administrative 

Law Judge (ALJ) Charles R. Mundorff. 

On June 20, 2011, the section was saddened by 

37


the news that ALJ Charles Mundorff died suddenly. 

He was 52 years old. He had served on the Executive 

Committee for many years. 

Pursuant to Section Bylaws, Article IV, Section 3, 

Dale Johnson performed the duties of the Chair for 

the remainder of Judge Mundorff’s term. 

Seminars 

The section sponsored three seminars in 2011. 

The first, as part of its annual conference at Salishan 

was held on May 13 and May 14, 2011. The seminar 

was approved for 8.75 general credits and featured 

medical experts, Dr. Emil J. Bardana, Jr. speaking 

about work-related asthma, and Dr. Paul Puziss 

speaking about arthritis. Other topics included a 

workers’ compensation law appellate update, an 

update from the Workers’ Compensation Division 

(WCD), a discussion about settlement practices, 

and a break-out session on the “nuts and bolts” of 

workers’ compensation practice for new practitioners. 

On October 20, 2011, the section and the Bar’s 

CLE department co-sponsored a beginner’s seminar 

entitled “How to Try a Workers’ Compensation Case.” 

A mock hearing was scripted and performed by 

section members. It was digitally recorded for future 

use. The seminar was approved for six credits. 

On November 4, 2011, the section held its annual 

Bench/Bar Forum at The Oregon Garden in Silverton, 

Oregon. The keynote speaker for our annual ethics 

seminar and luncheon was former Oregon Supreme 

Court Justice, Hon. W. Michael Gillette. The seminar, 

which was free to section members, included former 

ALJ Donna Garaventa speaking on the ethics of 

mediation, and a panel discussion on ethical issues in 

litigation. The section sought approval for three ethics 

credits. 

Budget: 

The section executive committee approved the 

section’s budget for 2012. In 2011, the executive 

committee sought ways to decrease expenses, 

particularly in its most expensive line items: section 

sponsored seminars. With regard to the Salishan 

Conference, the standing committee in charge of 

the event was able to reduce the cost of producing 

materials by moving to CD-ROM as the default 

option. The Bench/Bar Forum standing committee 

found a less expensive venue for its event and 

reduced costs by offering a buffet luncheon. 

The expense for a recording of a mock workers’ 

compensation hearing for the beginner’s seminar will 

be spread out over time, when the video is re-played 

at future seminars. The beginner’s seminar, produced 

by the section’s Going Forward standing committee, 

was intended to increase section membership and 

revenue. Section membership had decreased from 

roughly 550 members in 1993 to approximately 350 

members currently. 

The section is projected to be only $178 over 

its budgeted expenses at year’s end. The section 

will continue to balance its expenses and revenues, 

while maintaining a reasonable fund balance and 

serving its membership. In 2012, the Executive 

Committee will decide whether to seek an increase in 

membership dues. The Executive Committee is aware 

of the Bar’s deadlines in that regard. 


The section Executive Committee is not proposing 

any legislation for the next legislative session, at this 

time. The Committee is aware of the Bar’s deadlines 

for such action. Due to statutory changes, such as 

changes to ORS 656.790 (3) in 1995, the section’s 

role in making proposals to the legislature has 

diminished. The Executive Committee will continue 

to monitor bills and legislative changes that affect the 

practice of workers’ compensation law and will keep 

its membership informed. The Executive Committee’s 

legislative contact person for 2012 is former State 

Representative and current Committee member-atlarge 

James Edmunson. 


The section Executive Committee has had a busy 

year. The Executive Committee met each month, 

except for August, and there is a December meeting 

scheduled for December 9, 2011. The Executive 

Committee has nine standing committees that 

report through Executive Committee liaisons at each 

meeting. Those committees are: Salishan (annual 

conference), Bench/Bar Forum, Nominating, Douglas 

Daughtry Award of Merit, Access to Justice, Going 

Forward, New Technologies, Communication, and 

Legislative/Rules. This year the standing committees 

were asked to review and revise, as necessary, their 

mission statements for approval by the Executive 

Committee and to state specific goals for 2012. The 

re-organization of the standing committees was 

intended to provide accountability to the Executive 

Committee and to provide an annual assessment of 

goals attained. 

The committees are purposely balanced with 

38


lawyers who represent workers and those who 

represent employers. Judges from the Workers’ 

Compensation Board’s hearings division also 

serve and provide a judicial perspective in each 

committee’s deliberations. This year younger 

volunteers were recommended to each committee, 

so that veteran committee members could provide 

mentoring. It is our hope that younger colleagues 

will enjoy the committee work and will seek elected 

positions on the Executive Committee in future years. 


The Executive Committee of the Workers’ 

Compensation Section acknowledges and is grateful 

for the numerous contributions, the many volunteer 

hours, exceptional work and wise counsel, provided 

over a decade by its Chair for 2011, Charles “Chuck” 

Mundorff. Chuck patiently waited his turn to lead 

the section, serving on the Salishan committee for 

many years and then on the Executive Committee. 

When he took office in January, 2011, he did so 

with the confidence of an Administrative Law Judge 

accustomed to controlling his hearing room. He 

seemed to thoroughly enjoy his role as Chair. One of 

his last official acts was chairing the annual meeting 

at Salishan in May, 2011. 

We enjoyed serving on the Executive Committee 

with Chuck. We enjoyed debating issues with him, 

laughing with him, seeing his smiling face across the 

conference table, and sharing the work and concerns 

of this section with him. He is greatly missed by the 

entire section membership. 

Respectfully submitted: Charles R. Mundorff (CH), 

Dale C. Johnson (CH), Matthew M. Fisher (Past CH), 

Julie Masters ( TR), Norman D. Cole (SEC), Ronald 

L. Bohy, Kate Donnelly, James L. Edmunson, Robert 

J. Guarrasi, Tom Harrell, Jacqueline M. Jacobson, 

Douglas J. Rock, Steven Mark Schoenfeld, Keith 

Semple, Nicholas M. Sencer, Dennis R. VavRosky, 

David Wade (BC), Suzanne Cushing (BL). 

39

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PO Box 231935, Tigard, OR 97225 

(503) 320-0222, or Toll Free in Oregon: 1 (800) 452-8260 

© 

www.osbar.org 

Oregon State Bar 3/12

2011COMMITTEE & SECTION - Oregon State Bar

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