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P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar

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Cite as In re Casey, 19 DB Rptr 105 (2005)<br />

1.<br />

The <strong>Bar</strong> was created and exists by virtue of the laws of the <strong>State</strong> of <strong>Oregon</strong><br />

and is, and at all times mentioned herein was, authorized to carry out the provisions<br />

of ORS Chapter 9, relating to the discipline of lawyers.<br />

2.<br />

The Accused was admitted by the <strong>Oregon</strong> Supreme Court to the practice of<br />

law in <strong>Oregon</strong> on December 23, 1987, and has been a member of the <strong>Oregon</strong> <strong>State</strong><br />

<strong>Bar</strong> continuously since that time, having his office and place of business in<br />

Multnomah County, <strong>Oregon</strong>.<br />

3.<br />

The Accused enters into this Stipulation for Discipline freely and voluntarily.<br />

This Stipulation for Discipline is made under the restrictions of <strong>Bar</strong> Rule of<br />

Procedure 3.6(h).<br />

4.<br />

On December 17, 2004, the <strong>State</strong> Professional Responsibility <strong>Board</strong> authorized<br />

formal disciplinary proceedings against the Accused for alleged violation of<br />

DR 3-101(B) of the Code of Professional Responsibility. The parties intend that this<br />

stipulation set forth all relevant facts, violations, and the agreed-upon sanction as a<br />

final disposition of this proceeding.<br />

5.<br />

Facts<br />

ORS 9.160 prohibits the practice of law by a person who is not an active<br />

member of the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>. ORS 9.200 provides that default by a lawyer in<br />

payment of membership fees to the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> shall result in the lawyer’s<br />

suspension from membership in the bar.<br />

6.<br />

In 2004, the Accused failed to pay his membership fees to the <strong>Oregon</strong> <strong>State</strong><br />

<strong>Bar</strong> timely and, after proper notice, was suspended from active membership in the<br />

<strong>Bar</strong> on July 2, 2004. On August 11, 2004, the Accused was reinstated to active<br />

membership in the <strong>Bar</strong>.<br />

7.<br />

Between July 2, 2004, and August 11, 2004, the Accused practiced law while<br />

he was not an active member of the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>.<br />

106

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