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.

Legislative issues:

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.

Legislative issues:

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


Any other comments:

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.

Legislative issues:

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.

Legislative issues:

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.

Legislative issues:

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.

Legislative issues:

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.

Legislative issues:

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.

Any other comments:

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.

Legislative issues:

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.

Legislative issues:

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.

Any other comments:

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.

Legislative issues:

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.

Legislative issues:

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.

Legislative issues:

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.

Legislative issues:

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.

Any other comments:

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.

Legislative issues:

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.

Any other comments:

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.

Legislative issues:

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.

Legislative issues:

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.

Any other comments:

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

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