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2011COMMITTEE & SECTION - Oregon State Bar

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2011 COMMITTEE<br />

& <strong>SECTION</strong><br />

Annual Reports


2011 Committee and Section Annual Reports<br />

The <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> would like to thank all Committee and Section volunteers for their service.<br />

Committees and Sections are vital to the ability of the bar to provide both member and public services and to<br />

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

and Section members, thank you for your time and expertise.<br />

COMMITTEES<br />

Table of Contents<br />

Affirmative Action Committee............................................. 1<br />

Client Security Fund Committee......................................... 1<br />

Federal Practice and Procedure Committee.................. 2<br />

Judicial Administration Committee.................................... 2<br />

Legal Ethics Committee......................................................... 3<br />

Legal Heritage Interest Group.............................................. 3<br />

Legal Services Committee.................................................... 4<br />

MCLE Committee..................................................................... 4<br />

New Lawyer Mentoring Committee.................................. 6<br />

Procedure and Practice Committee................................... 6<br />

Pro Bono Committee............................................................... 7<br />

Public Service Advisory Committee.................................. 8<br />

Quality of Life Committee...................................................... 8<br />

<strong>State</strong> Lawyers Assistance Committee............................10<br />

Uniform Civil Jury Instructions Committee .................10<br />

Uniform Criminal Jury Instructions Committee...........11<br />

Unlawful Practice of Law Committee..............................11<br />

<strong>SECTION</strong>S<br />

Administrative Law Section................................................13<br />

Agricultural Law Section......................................................13<br />

Alternative Dispute Resolution Section .........................13<br />

Animal Law Section...............................................................14<br />

Antitrust and Trade Regulation Section.........................15<br />

Aviation Law Section.............................................................15<br />

Business Litigation Section.................................................16<br />

Civil Rights Section................................................................ 17<br />

Computer and Internet Law Section...............................18<br />

Constitutional Law Section.................................................18<br />

Consumer Law Section........................................................19<br />

Corporate Counsel Section.................................................20<br />

Criminal Law Section............................................................20<br />

Diversity Section ....................................................................21<br />

Environmental and Natural Resources Section...........23<br />

Estate Planning & Administration Section....................24<br />

Family Law Section................................................................25<br />

Government Law Section....................................................25<br />

Health Law Section................................................................26<br />

Indian Law Section.................................................................27<br />

Intellectual Property Section...............................................28<br />

Juvenile Law Section.............................................................28<br />

Labor and Employment Section........................................30<br />

Products Liability Section....................................................30<br />

Real Estate and Land Use Section................................... 31<br />

Securities Regulation Section............................................32<br />

Sole and Small Firm Practitioners Section....................34<br />

Sustainable Future Section.................................................34<br />

Taxation Section..................................................................... 36<br />

Workers’ Compensation Section .....................................37<br />

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<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

ii


COMMITTEES<br />

2011 Committee and Section Annual Reports<br />

Affirmative Action Committee<br />

Activities and accomplishments:<br />

OLIO is a major activity of the AAC and the 2011<br />

OLIO was a very successful event, as were the Spring<br />

Social and BOWLIO. The new location for OLIO has<br />

been working out very well and it has been booked<br />

for next year. The dates for 2012 are August 9 – 12.<br />

The Convocation on Equality was a major focus<br />

of activity this year and it was a wonderful event.<br />

It brought together many people who have been<br />

working on diversity issues in various capacities and<br />

was both educational and a chance for celebration<br />

and planning.<br />

Two areas of focus for the AAC this year were<br />

Pipelining and looking at disparity in <strong>Bar</strong> exam<br />

passage rates. <strong>Bar</strong> staff made significant efforts<br />

in pipelining. The Explore the Law program that<br />

Mariann is implementing with Portland <strong>State</strong><br />

University looks like it will be a great program. Toni<br />

Kelich is working with the Classroom Law Project<br />

to identify areas where the <strong>Bar</strong> and AAC can work<br />

with them to increase pipelining opportunities. We<br />

shared materials on bar passage rate disparities and<br />

created a subcommittee to work with the Board of<br />

<strong>Bar</strong> Examiners to develop more reliable data on who<br />

takes and passes the <strong>Bar</strong> exam.<br />

The AAC and Diversity Section began discussions<br />

about how to coordinate and support each other.<br />

The First Year Internship program has had only<br />

one employer participant in the past couple of<br />

years, although many students apply. The AAC<br />

decided to put the program on hiatus until the<br />

economy improves and some effort can be put in to<br />

determining whether the is a role for the program.<br />

We will contact the participating employer to see if<br />

we can continue to match a student.<br />

Matters considered/Matters pending:<br />

Both the pipelining efforts and the <strong>Bar</strong> passage<br />

disparity work remain on-going, as does coordination<br />

with the Diversity Section. The pipelining<br />

subcommittee needs some additional members.<br />

Most of the pipelining work is being done by <strong>Bar</strong><br />

staff and the AAC could provide more support.<br />

The OLIO subcommittee has functioned<br />

somewhat independently from the main AAC. It<br />

might be energizing to the AAC if there were more<br />

coordination and involvement of the AAC and the<br />

subcommittee.<br />

The Strategic Plan Mariann Hyland is developing<br />

will be very important for the AAC to define its role<br />

in Diversity and Inclusion matters for the <strong>Bar</strong>.<br />

Respectfully submitted: Linda Meng (CH),<br />

Christina Thacker (SEC), Amanda J. Austin, David F.<br />

<strong>Bar</strong>tz, Eric Catherman, John M. Haroldson, Roland<br />

H. Iparraguirre, Judge Angel Lopez, Mavel Morales,<br />

Janice R. Morgan, Margie Paris, Thomas J. Rastetter,<br />

Liani JH Reeves, Michelle Gates Rudd, Neisha A.<br />

Saxena, Joelle Tavan, Lauren E. Winters, Bryne A.<br />

Moore (PM), Paulette Wtanabe (PM), Audrey T.<br />

Matsumonji (BC), Mariann Hyland (BL).<br />

Client Security Fund Committee<br />

Activities and accomplishments:<br />

The Client Security Fund Committee (CSF<br />

Committee) reviews claims of clients who lawyers<br />

have misappropriated their money or other property.<br />

The CSF Committee discharges its duties by<br />

investigating claims and, in appropriate cases,<br />

recommending to the Board of Governors that a<br />

client be reimbursed for some or all of the loss.<br />

The Fund is comprised entirely of annual member<br />

assessments (currently $15) and earnings on<br />

invested reserves. The reserve is maintained at a<br />

minimum level of $500,000. The maximum award<br />

is $50,000 on any one claim. Clients are expected<br />

to exhaust their remedies against the lawyer before<br />

seeking an award from the Fund. In exchange for a<br />

reimbursement from the Fund, claimants assign all of<br />

their rights against the defalcating lawyer; the OSB<br />

attempts to recoup on those assigned claims to the<br />

extent possible.<br />

Matters considered/Matters pending:<br />

In 2011, the CSF Committee received 27 new<br />

claims. On the Committee’s recommendation, the<br />

BOG approved awards in 22 cases, 11 of which were<br />

carried over from 2010 and one carried over from<br />

2009. The awards ranged from $430 to $50,000<br />

and totaled $115, 111.95.<br />

1


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Recommendations for 2012:<br />

Continue reviewing claims. Review fund reserve<br />

and, if appropriate, recommend an increase in the<br />

CSF assessment to the Board of Governors.<br />

Any other comments:<br />

The Client Security Fund is an important part of<br />

the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>’s public protection activities.<br />

The ability to reimburse clients even in part for losses<br />

caused by their lawyers, promotes confidence in the<br />

profession and improves the public view of lawyers.<br />

Respectfully submitted: Max S. Taggart (CH),<br />

Theresa L. Wright (SEC), Jane E. Angus, Martin<br />

<strong>Bar</strong>rack, Steven R. Bennett, Jessica L. Cousineau,<br />

Christopher J. Eggert, Linda K. Gouge, C Scott<br />

Howard, Eric A. Kekel, Michael Hugh McGean,<br />

Elizabeth E. Welch, Carlos G. Calderon (PM), Michael<br />

E. Haglund (BC), Sylvia E. Stevens (BL).<br />

Federal Practice and Procedure<br />

Committee<br />

Activities and accomplishments:<br />

In 2011, the committee has continued to work<br />

with the OSB to increase participation in the US<br />

District Court pro bono panel, including drafting and<br />

publishing an advertisement in the OSB Bulletin to<br />

inform bar members of pro bono opportunities. The<br />

committee is also researching judicial nominating<br />

procedures to determine whether the OSB could<br />

provide input into the selection of federal judges.<br />

The committee is also involved in exploring whether<br />

it makes sense for the District of <strong>Oregon</strong> to adopt<br />

patent local rules and an exploratory subcommittee<br />

has been set up for this purpose. Lastly, some<br />

members of the committee have organized an<br />

FBA luncheon to discuss the heightened pleading<br />

standards in federal court, which will take place in<br />

early 2012.<br />

Matters considered/Matters pending:<br />

The committee will continue to explore how other<br />

districts handle judicial selection and nomination<br />

to determine whether this group should undertake<br />

any role in these activities. The committee has<br />

organized a federal practice CLE luncheon for early<br />

2012 and will continue to organize these information<br />

exchange meetings. The committee will continue to<br />

explore whether the adoption of local patent rules is<br />

something that would benefit the bar.<br />

2<br />

Recommendations for 2012:<br />

Continue working on ways to improve interest and<br />

involvement in committee service. Participate in any<br />

future local rule amendment process. Further explore<br />

whether the OSB could become involved in the<br />

federal judge selection procedure. Continue working<br />

with the <strong>Bar</strong> to facilitate and create information<br />

exchange opportunities on all issues within<br />

committee’s charge. Explore the benefits of adopting<br />

local patent rules.<br />

Respectfully submitted: R Scott Jerger (CH), Bryan<br />

D. Beel (SEC), James Baldock, Britney Ann Colton,<br />

Thomas J. Flaherty, Joseph J. Haddad, Benjamin<br />

Wright Haile, Calvin L. Keith, Sarah S E Lora, Linda L.<br />

Marshall, P Andrew McStay, Anna Sortun, Honorable<br />

John V. Acosta (ADV), Honorable Ann Aiken (ADV),<br />

Michael E. Haglund (BC), Martha M. Hicks (BL).<br />

Judicial Administration Committee<br />

Activities and accomplishments:<br />

During 2011, JAC met each month except<br />

during the summer months (July and August) and<br />

considered the following matters:<br />

• OJD’s ongoing eCourt project;<br />

• <strong>Oregon</strong> Judicial Department’s budget;<br />

• Expedited civil jury trial project at Multnomah<br />

County Circuit Court;<br />

• Legislation changing the civil and criminal court<br />

fees structure – HB 2710, HB 2712<br />

• New treatment court in Multnomah County<br />

regarding homeless people;<br />

• Multnomah Co. Commissioners’ approval of the<br />

building of the East County Courthouse;<br />

• Complex Litigation Courts;<br />

• Draft Bill LC 2562.<br />

Recommendations for 2012:<br />

JAC officers to meet with the Chief Justice to<br />

identify ways that JAC can support/promote <strong>Oregon</strong><br />

courts and their administration;<br />

Create and execute a state-wide judicial outreach<br />

program;<br />

Monitor various courts’ efforts to develop<br />

veterans’ courts and create a toolkit/database of<br />

information regarding the development of these<br />

courts;


2011 Committee and Section Annual Reports<br />

Continue monitoring the following: <strong>Oregon</strong><br />

eCourt, the <strong>State</strong>’s budget and its impact on the<br />

courts; developments regarding potential renovation<br />

of Multnomah County Courthouse and other court<br />

facilities; other bills relevant to the JAC.<br />

Respectfully Submitted: Yumi Minagawa O’Neil<br />

(CH), Nancy Cozine (SEC), Susan G. Bischoff, Susan<br />

R. Gerber, Dexter A. Johnson, Michael Thomas<br />

McGrath, Vanessa A. Nordyke, Sean E. O’Day, Robert<br />

W. Rainwater, Richard A. Roseta, Travis Taylor Sewell,<br />

Kim Sugawa-Fujinaga, John L. Svoboda, John H.<br />

Collier (PM), David Wade (BC), Susan Evans Grabe<br />

(BL).<br />

Legal Ethics Committee<br />

Activities and accomplishments:<br />

The committee worked on thirteen matters<br />

during the year including new opinions, revisions of<br />

existing opinions, and consideration of several Rules<br />

of Professional Conduct. The Board of Governors<br />

approved six new opinions drafted by the committee<br />

(Limiting the Scope of Representation, Disclosure<br />

of Metadata, Receipt of Documents Sent without<br />

Authority, Disclosing Confidences on Withdrawal,<br />

Consulting Between Lawyers Not in the Same Firm,<br />

and Third Party Electronic Storage of Client Materials)<br />

and one opinion revised by the committee to confirm<br />

to the amendment of RPC 1.15 (Earned on Receipt<br />

Fees).<br />

Matters considered/Matters pending:<br />

The committee continues to work on opinions<br />

dealing with elder law conflicts and appropriate use<br />

of social media, and on a revised opinion explaining<br />

a lawyer’s obligations with regard to client files. At<br />

the request of the BOG, the committee is studying<br />

whether the RPCs should be amended to prohibit<br />

discrimination and harassment and whether RPC<br />

4.4 should be amended to limit a lawyer’s use of<br />

inadvertently sent documents. The committee is also<br />

reviewing the rules on advertising with a view toward<br />

conforming them to the rules in neighboring states.<br />

Recommendations for 2012:<br />

The Committee will continue to work on<br />

its pending projects and any new requests or<br />

suggestions for opinions, together with any issues<br />

referred to it by the BOG.<br />

Respectfully submitted: David J. Elkanich (CH),<br />

Jet Harris (SEC), Shannon Riordan, Robert G. Burt,<br />

Peter A. Christoff, Kathleen A. Cushing, Janmarie<br />

Dielschneider, Susan R. Gerber, Kurt F. Hansen,<br />

Lori A G Hellis, Michael J. Licurse, Charles Marr,<br />

William Alexander Masters, Justin N. Rosas, Mark M.<br />

Williams, Steve D. Larson (BC), Sylvia E. Stevens (BL).<br />

Legal Heritage Interest Group<br />

Activities and accomplishments:<br />

During 2011, the Legal Heritage Interest Group<br />

scheduled and held four business meetings.<br />

The January 29 meeting was held at the <strong>Oregon</strong><br />

<strong>State</strong> <strong>Bar</strong>.<br />

The April 2 meeting was held at Miller Nash<br />

hosted by Wayne Landsverk.<br />

The June 25 meeting was held at Miller Nash<br />

after members visiting the Portland Police Museum<br />

in Downtown Portland.<br />

The October 22 meeting was held at the <strong>Oregon</strong><br />

<strong>State</strong> <strong>Bar</strong>.<br />

Matters considered/Matters pending:<br />

With leadership from Janet Kreft, and the Group<br />

members assistance in furnishing, the major<br />

project, “Members Room” at the OSB Center, is<br />

near completion. The “Members Room” resembles a<br />

lawyer’s office of the 1930s. In 2011, The Members<br />

Room received a few valuable books from the OSB<br />

library; due to its limited space, the Committee<br />

decided to limit the number of books received. While<br />

waiting for the final touch of professional assistance,<br />

the final details about the Members Room are being<br />

addressed by Janet Kreft.<br />

Bill Chin and other Group members have<br />

been and continue to work on the “<strong>Oregon</strong> Legal<br />

Professionals of Color Timeline Display.” Bill plans to<br />

submit a tentative draft and collected Key Names of<br />

significant legal professionals of color in <strong>Oregon</strong>. This<br />

project will take several years because of the need to<br />

collect hard-to-get historical information and the need<br />

to verify the accuracy of such information.<br />

Recommendations for 2012:<br />

Luke Stanton will be the new Chair. Wayne<br />

Landsverk will be the new Secretary.<br />

A CLE subcommittee is formed to organize a CLE<br />

program in topics relating to legal perspective of<br />

3


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Guantanamo Bay. The CLE subcommittee members<br />

will finalize the specific legal issues for the CLE<br />

program and the selection of prospective speakers<br />

and panelists.<br />

The subcommittee on “Legal Professionals of<br />

Color Timeline” will continue with new subcommittee<br />

members.<br />

The Group, through Paul Nickell, continues to<br />

solicit articles for the OSB Bulletin that addresses<br />

historical legal issues.<br />

Visiting historical sites and holding meetings<br />

in these locations will continue. Suggestions have<br />

been made about visiting the <strong>Oregon</strong> Historical<br />

Society and the <strong>Oregon</strong> Police Museum. Members<br />

also express interest in having the group meetings at<br />

different locations, such as the Applegate House or<br />

county historical societies.<br />

Respectfully submitted: Ning Fu (CH), Luke A.<br />

Stanton (SEC), Mary Anne Anderson, Robyn Ridler<br />

Aoyagi, David B. Avison, Christian F. Boenisch, Bill Y.<br />

Chin, Wayne D. Landsverk, Karen MT Nashiwa, Jamie<br />

Lynn Pfeiffer, Brandy D. Pirtle, Jason Edward Wolf,<br />

Elizabeth D. Wright, Paul Martinez (PM), Jay Mullen<br />

(PM), Tom Kranovich (BC), Paul Nickell (BL).<br />

Legal Services Committee<br />

Activities and accomplishments:<br />

Approved a new method of disbursement of filing<br />

fee to providers based on the passing of HB 2760.<br />

Considered how to allocate the unclaimed client<br />

funds to the providers.<br />

Received updates regarding the 2011 legislative<br />

session and impact on legal aid.<br />

The LSP Committee was asked to investigate an<br />

inflammatory email sent by a Lane County Law and<br />

Advocacy Center attorney to legislators in protest of<br />

changes made to the <strong>Oregon</strong> Health Plan.<br />

The LSP Committee approved the 2010<br />

Achievement and Results Report on Legal Aid in<br />

<strong>Oregon</strong>.<br />

Matters considered/Matters pending:<br />

The committee will continue to consider the<br />

issue of how to disburse the unclaimed client funds<br />

received by the bar for the legal aid providers.<br />

Recommendations for 2012:<br />

Continue to stay informed about what happens<br />

during the 2012 legislative session and be prepared<br />

as a committee to take steps to assist in getting the<br />

most favorable outcome for legal aid.<br />

Develop a policy concerning how to disburse the<br />

unclaimed client funds. This includes a percentage<br />

for disbursement and a percentage for the reserve.<br />

Continue to stay informed about what is<br />

happening during the 2012 legislative session and<br />

be prepared as a committee to take steps to assist in<br />

getting the most favorable outcome for legal aid.<br />

Develop a policy concerning how to disburse the<br />

unclaimed client funds. This includes a percentage<br />

for disbursement and a percentage for the reserve.<br />

Respectfully submitted: Scott G. Seidman (CH),<br />

Amy Edwards (SEC), Michael B. Hallinan, Laurence H.<br />

Hamblen, Erin Keith Landis, Josh Newton, Honorable<br />

Eva J. Temple, Cassandra Garrison (PM), Tom<br />

Kranovich (BC), Judith Baker (BL).<br />

MCLE Committee<br />

Activities and accomplishments:<br />

The Committee reviewed and made decisions on<br />

requests for review of MCLE administrator decisions.<br />

The Committee discussed issues facing different<br />

groups in meeting their MCLE requirements.<br />

The Committee reviewed and considered changes<br />

to the following MCLE rules and Regulations; MCLE<br />

Regulations 3.600; MCLE Rules 5.2(a), 3.3(b),<br />

5.2(c), 5.4.<br />

Matters considered/Matters pending:<br />

This committee held four meetings during the<br />

2011 calendar year. These meetings were held<br />

on March 4th, July 29th, October 14, 2011 and<br />

December 2nd. Meetings were held in Portland.<br />

A brief overview of matters considered is provided<br />

below.<br />

March 4, 2011<br />

Member request for review (Thomson): Mr.<br />

Thomson presented his justification for his appeal<br />

and requested that he receive full credit for his<br />

program. The Committee voted unanimously to<br />

approve the granting of the requested credits.<br />

Proposed amendments to MCLE Rule 5.2(a) (to<br />

4


2011 Committee and Section Annual Reports<br />

mirror proposed changes to Rule 5.4): Ms. Mitchel-<br />

Markley explained drafting of proposed changes to<br />

5.2(a), and explained difference in language in rules<br />

re: course v. class. Revised Rules 5.2 and 5.4 will be<br />

sent on to P&G Committee.<br />

Discussion re: MCLE Rule 3.3(b) and Reg. 3.600:<br />

Following a discussion and a review of materials,<br />

the Committee determined that clarification of the<br />

rule was not necessary at this time. However, it was<br />

suggested that the information discussing the new<br />

members’ requirements be provided to the Mentor<br />

attorneys involved in the ONLD Mentoring Program.<br />

Ms. Cline will contact the Mentoring Program about<br />

this.<br />

Letter from Calvin Henry, <strong>Oregon</strong> Assembly for<br />

Black Affairs, and response from Sylvia Stevens,<br />

OSB Executive Director: Following a discussion and<br />

a review of materials, the Committee members<br />

agreed that Executive Director Stevens’ letter was an<br />

appropriate response.<br />

MCLE/Pro Bono subcommittee: Members from<br />

the Pro Bono Committee previously attempted to get<br />

MCLE Committee approval of revisions to the MCLE<br />

Rules allowing for Pro Bono work credits. Following<br />

denial of this request, Maya Crawford, Matthew Rizzo,<br />

Ms. Mitchel-Markley, and Ms. Nickerson volunteered<br />

to work on a joint-subcommittee to address this<br />

issue.<br />

July 29, 2011<br />

Request for Review - Volunteer Mediation:<br />

Exploring Pro Bono Opportunities for Government<br />

Lawyers: Ms. Mitchel-Markley observed that this<br />

was similar to a job search CLE request that had<br />

been reviewed last year. Ms. Cline advised that<br />

in that instance only 1 or 2 credits were granted.<br />

Ms. Mitchel-Markley moved to uphold Ms. Cline's<br />

previous decision. The motion to uphold Ms. Cline’s<br />

previous decision rejecting credit was unanimous.<br />

Request for clarification re: Legal Research/Writing<br />

Credit: The Committee’s opinion was to not revise or<br />

clarify rule at this time.<br />

Member comment re: access to justice credit<br />

requirement: The Committee recognized the<br />

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

MCLE/Pro Bono Subcommittee meeting of<br />

6/15/11: The Joint Subcommittee met on June<br />

15, 2011. The Committee was in agreement that<br />

pro bono work is a noble endeavor, but there is<br />

no agreement that it is appropriate to grant MCLE<br />

credits for pro bono representation.<br />

• The follow recommendations were suggested for<br />

the joint subcommittee:<br />

• Waiving fees for MCLE credits for pro bono<br />

attorneys.<br />

• Free CLE credits for individuals who agree to do<br />

pro bono.<br />

• CLE credits for pro bono training programs.<br />

October 14, 2011<br />

Request from Uniform Criminal Jury Instructions<br />

Committee: Mr. Land discussed the handout<br />

materials and the UCJI Committee’s request. Ms.<br />

Mitchel-Markley inquired as to whether this request<br />

was for credits for this year only, or if this was an<br />

on-going request that would require revisions to Rule<br />

5.2. Mr. Land advised that this was a request for<br />

credits every year. Ms. Cline suggested looking at<br />

other committees’ charges to determine if there was<br />

an educational element to the committee work. No<br />

further action will be taken at this meeting, but the<br />

matter will be reviewed at the December meeting.<br />

Waiving fees for MCLE credits for pro bono work/<br />

attorneys: The following recommendations were<br />

previously suggested for the MCLE/Pro Bono joint<br />

subcommittee: 1. Waiving fees for MCLE credits<br />

for pro bono attorneys, 2. Free CLE credits for<br />

individuals who agree to do pro bono. Maya Crawford<br />

of the Pro Bono Committee previously advised that<br />

coupons had been issued in the past if attorneys had<br />

completed 40+ hours of pro bono work a year, but<br />

that this had been discontinued. Denise thought this<br />

was an issue for OSB CLE Seminars, not the MCLE<br />

Committee, and will check into issue of coupons/<br />

waivers in the past. The MCLE Committee members<br />

had no further input on this issue.<br />

December 2, 2011<br />

Request for review from Patent Resources Group:<br />

Ms. Cline explained that she still needs information<br />

showing discussion requirements that meet MCLE<br />

Rule 5.5. The Patent Resources Group will provide<br />

additional information to Ms. Cline in writing.<br />

Request from Uniform Criminal Jury Instructions<br />

Committee – additional information: Since the<br />

last meeting, Ms. Cline has accumulated other<br />

committees’ charges to determine if there was an<br />

educational element to the committee work. The<br />

committee members agreed that UCJI and UCrJI<br />

5


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

committee members could individually seek credit on<br />

a case by case basis. Ms. Cline will explain this to the<br />

committees.<br />

Request from Pro Bono Committee – additional<br />

information: Ms. Cline explained the additional<br />

information she received regarding the previously<br />

issued vouchers. A motion was approved to take<br />

no further action on this matter until the Pro Bono<br />

Committee brings forth additional information or<br />

makes another request of the MCLE Committee. The<br />

members voted unanimously in favor of the motion.<br />

Recommendations for 2012:<br />

In the year ahead the Committee will continue to<br />

assist the MCLE administrator with the evaluation of<br />

requests for review of the administrator’s decision<br />

concerning CLE accreditation and earned credits by<br />

program providers and <strong>Bar</strong> members.<br />

The Committee will continue to evaluate and<br />

recommend revisions to the MCLE rules on an asneeded<br />

basis.<br />

Respectfully submitted by: Melissa Trefla Cribbins<br />

(CH), Caitlin Mitchel-Markley (SEC), Cecelia L. Batlan,<br />

Stephen Christopher Bush, Heyke G. Nickerson,<br />

Charles M. McNair, John H. Kilian (PM), Matthew H.<br />

Kehoe (BC), Denise Cline (BL).<br />

New Lawyer Mentoring Committee<br />

Activities and accomplishments:<br />

6<br />

• Finalized and approved the 2011 NLMP<br />

curriculum and handbook<br />

• Oversaw the launch of the NLMP for the first<br />

two “classes” of participants<br />

• Established three subcommittees: 1) Mentor<br />

Screening and Eligibility; 2) Program Evaluation;<br />

and 3) Program Completion and Certification<br />

• Recommended a change to the Supreme Court<br />

Rule to make certain levels of past discipline a<br />

factor in mentor eligibility<br />

• Assisted in mentor recruitment and the<br />

development of ongoing strategies for same<br />

• Volunteered for a series of speaking<br />

engagements in support of recruitment efforts<br />

• Advised staff on a variety of communications,<br />

education and outreach matters<br />

• Reviewed all volunteer mentors before<br />

forwarding to the BOG and Court for approval<br />

Matters considered/Matters pending:<br />

The committee considered an exemption for<br />

active duty JAG members, concluding that the<br />

matter is effectively handled through the existing<br />

deferral and exemption mechanisms.<br />

Recommendations for 2012:<br />

Continue to aggressively develop and support<br />

mentor recruitment efforts<br />

Oversee a thorough review of the first year of the<br />

NLMP and recommend program or policy changes<br />

Consider several issues related to how mentors<br />

are screened, recommended and approved.<br />

Create system for NLMP completion, review,<br />

certification, and when necessary, extensions or<br />

suspensions.<br />

Respectfully submitted: Andrew M. Schpak (CH),<br />

Gerry Gaydos, Jeffrey Alan Howes, Honorable Dennis<br />

J. Hubel, Dennis C. Karnopp, Christopher Lombard,<br />

Phylis Chadwell Myles, Maureen Claire O’Connor,<br />

Stephen V. Piucci, Philip Schradle, Ali D. Seals, Ross<br />

M. Williamson, Andrea J. Anderly (Ex Officio), Kateri<br />

Walsh (BL).<br />

Procedure and Practice Committee<br />

Activities and accomplishments:<br />

In 2011 the Committee reviewed and monitored<br />

legislation from the 2011 Legislative Session, as well<br />

as the activities of the UTCR Committee, the E-court<br />

Task Force, the Council on Court Procedures and the<br />

<strong>Oregon</strong> Law Commission.<br />

Matters considered/Matters pending:<br />

This Committee considered and opposed SB 876<br />

and HB 3525. The Committee supported S 404.<br />

The Procedure & Practice Committee has liaison<br />

assignments with the following groups: 1) Uniform<br />

Trial Court Rules (UTCR), 2) Council on Court<br />

Procedures (CCP) and the 3) E-Court Task Force.<br />

Each of these committees had meetings in which P<br />

& P members attended and participated.<br />

Recommendations for 2012:<br />

The Committee intends to look further into the<br />

creation of an E-court. The Committee will continue<br />

to explore issues that affect the practice of law that<br />

arise out of the legislative process and case law.


2011 Committee and Section Annual Reports<br />

Furthermore, the committee will continue to provide<br />

liaison to the Council on Court Procedures, Chief<br />

Justice’s Civil Law Advisory Committee, UTCR, and<br />

the <strong>Oregon</strong> Law Commission.<br />

Respectfully submitted: Paul Bovarnick (CH),<br />

Michael B. Hallinan (SEC), Elleanor H. Chin, Craig M.<br />

Cowley, Dirk E. Doyle, Wm Keith Dozier, Katherine<br />

Heekin, Matthew L. Jarvis, Theresa M. Kohlhoff,<br />

Charles Marr, Eric Thomas McCormick, Steven D.<br />

Olson, Jason M. Pistacchio, Jason L. Posner, Steve D.<br />

Larson (BC), Matthew Shields (BL).<br />

Pro Bono Committee<br />

Activities and accomplishments:<br />

Law Student Involvement Subcommittee: The<br />

subcommittee maintained operation of the online<br />

bulletin board it created the previous year, and<br />

explored techniques for statistical analysis and<br />

publication of the service.<br />

Pro Bono Week Subcommittee: As last year, this<br />

subcommittee organized and presented the Pro<br />

Bono Week fair in the last week of October. This fair<br />

included several CLEs, and was attended by three<br />

<strong>Oregon</strong> Supreme Court judges and approximately<br />

200 <strong>Oregon</strong> attorneys.<br />

CLE Credit for Pro Bono Subcommittee: The<br />

mission of this subcommittee is to get <strong>Bar</strong> approval<br />

for a rule that would allow attorneys to receive CLE<br />

credit for providing pro bono representation in a civil<br />

matter. Such a rule would encourage attorneys to<br />

engage in pro bono services. The Subcommittee<br />

worked with the MCLE Committee to see if the two<br />

Committees could find common ground for a rule<br />

change.<br />

Pro Bono Publicity Subcommittee: This<br />

subcommittee publicized awards for the Pro Bono<br />

Fair, and looked into creating a new pro bono award<br />

to be granted by the <strong>Bar</strong>.<br />

Certified Programs Expansion Subcommittee:<br />

The <strong>Oregon</strong> <strong>Bar</strong>’s unique Pro Bono Certification<br />

program allows legal service organizations to offer<br />

professional liability coverage for otherwise exempt<br />

attorneys who wish to engage in a pro bono<br />

practice. Certified Pro Bono Programs all undergo an<br />

application process and follow certain guidelines that<br />

ensure that adequate support exists for the attorneys<br />

offering pro bono assistance and that client needs<br />

are met.<br />

Matters considered/Matters pending:<br />

The Law Student Involvement Subcommittee will<br />

continue in a limited capacity. The purpose will be to<br />

keep tabs on the usage of the bulletin board by both<br />

students and practitioners.<br />

The CLE Credit for Pro Bono Subcommittee will<br />

continue its work with the MCLE Committee to work<br />

for implementation of an acceptable rule.<br />

The Certified Programs Expansion Subcommittee<br />

will continue its work.<br />

The Pro Bono Publicity Subcommittee will<br />

continue its work to look at creating a new <strong>Bar</strong><br />

award. Alternately, the subcommittee could devote<br />

itself to choosing nominees for existing awards on<br />

the basis of pro bono activities, and writing articles<br />

for the OSB Bulletin, MBA newsletter, or other<br />

publications, highlighting pro bono activities.<br />

The Pro Bono Fair/Pro Bono Week Subcommittee<br />

will continue its work.<br />

Recommendations for 2012:<br />

A task force may be created to explore the<br />

concept of allotting pro bono work to new and<br />

underemployed attorneys throughout the state. In<br />

the event that this occurs, this committee should<br />

issue a subcommittee to participate in those policy<br />

discussions.<br />

In light of recent budget cuts to Legal Aid Services<br />

of <strong>Oregon</strong> and declining IOLTA interest rates, the<br />

committee should discuss additional ways to support<br />

legal services for underserved populations.<br />

Late in 2011, this committee was contacted<br />

by Allison Reynolds of the U.S. Department of<br />

Agriculture about seeking pro bono attorneys to<br />

represent potential claimants in a discrimination<br />

settlement over USDA farm loans. The committee<br />

should follow up with representatives of the USDA to<br />

publicize the availability of these claims and to ensure<br />

counsel for the claimants.<br />

Respectfully submitted: Jay Bodzin (CH), Traci<br />

Renee Ray (SEC), Jennifer Lee Coughlin, Maya<br />

Crawford, Jessica T. Hamilton, Karen E. Hobson, Philip<br />

Alan Johnson, Lissa K. Kaufman, Brett V. Kenney, E<br />

Susan O’Toole, Justin C. Sawyer, Brantley Shumaker,<br />

Andrea H. Thompson, Elijah Van Camp, Meredith<br />

Lee Williamson, Sarah A. Winter Whelan, Lori Alton<br />

(ADV), Sharon M. Brown (ADV), Jenifer S. Billman<br />

(BC), Catherine Petrecca (BL).<br />

7


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Public Service Advisory Committee<br />

Activities and accomplishments:<br />

In 2011, the PSAC continued its focus on the<br />

<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>’s (<strong>Bar</strong>) public service priorities,<br />

including how to advance the <strong>Bar</strong>’s public outreach<br />

goals.<br />

The Lawyer Referral Service Program (LRS<br />

program) continued to be a major focus of the<br />

committee. The PSAC considered proposals for a<br />

new funding model for the LRS program, focusing<br />

on a percentage fees revenue model. To develop<br />

this model, the PSAC reviewed models used in other<br />

states and worked with the Board of Governors<br />

(BOG) and <strong>Bar</strong> staff. The PSAC also met with focus<br />

groups of attorneys who participate in the LRS<br />

program to discuss the percentage fees revenue<br />

model, and to gather input regarding other possible<br />

changes to the LRS program policies and procedures<br />

(e.g. referral notice procedures, rural locations codes).<br />

By initiating a review of whether to introduce<br />

certain fee waivers into the Modest Means Program<br />

and whether to expand this program to include<br />

other substantive legal areas (e.g. consumer law),<br />

the PSAC worked to enhance the success of the<br />

Modest Means Program in providing affordable legal<br />

assistance to <strong>Oregon</strong>ians.<br />

The PSAC also supported making specialty legal<br />

publications (e.g. small claims court representation)<br />

available for free download on the <strong>Bar</strong>’s website.<br />

Matters considered/Matters pending:<br />

The PSAC will continue to meet with attorneys<br />

who participate in the LRS program in order to best<br />

develop a percentage fees revenue model proposal.<br />

The PSAC will also work to complete the update of<br />

all the <strong>Bar</strong>’s legal education materials for the public,<br />

and to complete a review of possible expansion of<br />

the Modest Means Program.<br />

Recommendations for 2012:<br />

The PSAC will continue to monitor access to<br />

justice issues in <strong>Oregon</strong> and advise the BOG and<br />

<strong>Bar</strong> staff on public service priorities. The PSAC<br />

will complete its review of issues related to the<br />

development of a percentage fees revenue model for<br />

the LRS program and present its recommendations<br />

to the BOG. The PSAC will continue to review<br />

LRS program policies and procedures for possible<br />

improvements. The PSAC will continue to update the<br />

<strong>Bar</strong>’s legal education materials for the public. The<br />

PSAC will continue to support initiatives to enhance<br />

the Modest Means Program and the Military<br />

Assistance Panel, and to support the <strong>Bar</strong>’s Legal<br />

Links Cable Program.<br />

Respectfully submitted: Douglas L. Tookey (CH),<br />

Dexter A. Johnson (SEC), Jill E. Brittle, Audrey J.<br />

Broyles, Erin K. Fitzgerald, Sarah E. Harlos, Bruce B.<br />

Harrell, Jodee Jackson, William M. Jones, Jennifer<br />

C. Li, Nathan J. Ratliff, Brenda Terreault, Daniel Boyd<br />

Griffith (PM), Ann L. Fisher (BC), George D. Wolff (BL).<br />

Quality of Life Committee<br />

Activities and accomplishments:<br />

The Quality of Life Committee (“The Committee”)<br />

met six times in 2011. The Committee began its work<br />

by reviewing the Committee’s Charge, discussing<br />

goals for the year, and slotting new members<br />

into Subcommittees. The Committee’s goals and<br />

accomplishments for 2011 are as follows:<br />

Goal 1: Focus on the websites and specifically:<br />

(1) merge the two websites into one; (2) update<br />

and revise the website so that it contains an article<br />

archive, calendar with information about upcoming<br />

meetings and presentations, links to outside<br />

resources, and a suggestion box.<br />

The Committee was able to make significant<br />

progress in accomplishing this goal. The Committee<br />

(with the help of OSB Staff) merged the two<br />

websites into one. The Committee also updated<br />

the basic information contained on the website<br />

and added a video of the “How to Work a Room”<br />

program presented at Lewis and Clark in 2010. The<br />

Committee also added a calendar which provides the<br />

details for each upcoming program sponsored by the<br />

Committee.<br />

However, there is still work to do. We think it<br />

would be great to establish and build a database of<br />

the articles the Committee has published in the OSB<br />

Bulletin, and to build an archive of model policies<br />

(including telecommuting and sabbatical policies).<br />

Goal 2: Review the results of the 2010 Survey and<br />

consider shaping programs and/or articles in order<br />

to focus on the issues commonly identified in the<br />

2010 Survey.<br />

The 2011 Committee reviewed and talked about<br />

the results of the survey and created a subcommittee<br />

called the Work/Life Balance Subcommittee. The<br />

8


2011 Committee and Section Annual Reports<br />

2011 Committee urges the 2012 Committee to<br />

perform another review of the survey results and<br />

then decide what additional programs or articles<br />

would be beneficial to the bar. It may also be helpful<br />

to post the survey results on the Committee website.<br />

Goal 3: Continue to present programs at <strong>Oregon</strong><br />

law schools and aspire to present at least one<br />

program at all three law schools in 2011.<br />

The Committee is proud to say that it presented a<br />

program at each of the <strong>Oregon</strong> law schools in 2011:<br />

On October 5th, Kellie Johnson, Shawn Menashe,<br />

and Committee Chair Andrew Schpak presented a<br />

program entitled “How to Work a Room” at Lewis<br />

and Clark Law School. The program was wellattended<br />

and followed by a social/networking event<br />

at which the law students could put the networking<br />

tips to use.<br />

On November 16, Committee Secretary Kevin<br />

Myles and Committee Member Kyle Dukelow<br />

presented a program entitled “Preparing for a<br />

Satisfying Career in the Law” at Willamette. The<br />

panelists shared insights with soon-to-be-lawyers<br />

about the paths they took and what they learned<br />

along the way.<br />

On September 22, Committee Member Kyle<br />

Dukelow as well as Marianne Dugan and Scott Lucas<br />

presented a program entitled “How to Work a Room”<br />

at the University of <strong>Oregon</strong>.<br />

Goal 4: Select topics and identify authors to draft<br />

articles on Quality of Life issues for publication in the<br />

OSB Bulletin.<br />

Kevin Myles is in the process of writing an article<br />

on volunteerism and how it causes some attorneys to<br />

transition out of private practice. He is still performing<br />

interviews but the article will be submitted to the<br />

OSB Bulletin for publication soon.<br />

In addition, Committee Member Heather Decker<br />

has completed an article on Relaxation Breathing.<br />

Committee Member Kali Tara has completed an<br />

article on Stress Reduction Through Mindfulness.<br />

Both of these articles will be submitted soon.<br />

Goal 5: Reinvigorate the Transitions in the Practice<br />

of Law Subcommittee by broadening its scope to<br />

include all transitions in a lawyer’s career (not just the<br />

transition out of practice into retirement or incapacity,<br />

but also transition from law student to lawyer,<br />

associate to partner, etc.) and by following up with<br />

the BOG about the status of the Senior Lawyers’ Task<br />

Force proposal.<br />

Committee Member Pat Ehlers is organizing a<br />

program on Sabbaticals which will be presented as a<br />

brown bag lunch in early 2012.<br />

Committee Members Kali Tara and Heather<br />

Decker will be presenting a CLE program on Work<br />

and Career Transitions on February 24, 2012 at<br />

the OSB Center. Nancy Potter Wasmer also will be<br />

presenting as part of that program.<br />

The Committee also will present a program at the<br />

OSB Center entitled “10 Minute Stress Reduction<br />

Strategies.” The strategies include relaxation<br />

breathing, chair yoga, and meditation. If it is<br />

successful, the Committee may present the program<br />

again downtown.<br />

With respect to the Senior Lawyers’ Task Force<br />

proposal, the BOG said that they were focusing their<br />

resources and energy on the New Lawyer Mentoring<br />

Program in 2011 so this might be an issue that the<br />

Committee revisits with the BOG in 2012.<br />

Recommendations for 2012:<br />

The 2011 Committee proposes a few goals for the<br />

2012 Committee:<br />

Retain the current Goals set forth in the<br />

Committee Charge;<br />

Focus on the website by adding additional<br />

resources, including a database of the articles the<br />

Committee has published in the OSB Bulletin, an<br />

archive of model policies (including telecommuting<br />

and sabbatical policies), and a “suggestion box;”<br />

Continue to present programs at <strong>Oregon</strong> law<br />

schools and aspire to present at least one program at<br />

all three law schools in 2012;<br />

Select topics and identify authors to draft articles<br />

on Quality of Life issues for publication in the OSB<br />

Bulletin; and<br />

Revisit/follow-up on the Senior Lawyers’ Task<br />

Force proposal to the BOG<br />

Review the results of the Survey and grow the<br />

new Work/Life Balance Subcommittee through<br />

programs and CLEs directed to the bar at large.<br />

Respectfully submitted: Andrew M. Schpak (CH),<br />

Kevin Milton Myles (SEC), Heather Wright Decker,<br />

Kyle B. Dukelow, Patrick Joseph Ehlers, Caroline<br />

Louise Smith, Kali Samaya Tara, Damon F. Tempey<br />

(PM), Douglas S. Querin (OAAP), Tanya R. Hanson<br />

(PLF), <strong>Bar</strong>bara M. DiIaconi (BC), Stacy J. Hankin (BL).<br />

9


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

<strong>State</strong> Lawyers Assistance Committee<br />

Activities and accomplishments:<br />

During 2011, the committee received<br />

approximately 6 new traditional referrals from<br />

attorneys, judges, the SPRB, and members of the<br />

public. Each referral was investigated in accordance<br />

with the OSB Bylaws and the SLAC authorizing<br />

statute, ORS 9.568. The committee continues<br />

to accept jurisdiction and to monitor remedial<br />

programs for several attorneys. Much of the business<br />

conducted by the committee involved confidential<br />

discussions surrounding these cases. Those<br />

confidential discussions cannot be revealed in this<br />

report.<br />

Additionally, the committee evaluates and<br />

monitors lawyers who are referred from Disciplinary<br />

Counsel’s Office (DCO) as part of the conditional<br />

admission/reinstatement and diversion/probation<br />

process. In 2011, the Committee took on the role<br />

of monitor for three lawyers who were placed on<br />

probation, one lawyer who entered into a diversion<br />

agreement and three lawyers who were conditionally<br />

admitted to practice.<br />

SLAC continues to utilize the assistance of former<br />

committee members and attorneys throughout the<br />

state to assist in monitoring lawyers in areas where<br />

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

the coast, LaGrande, and Bend.<br />

Matters considered/Matters pending:<br />

SLAC has been developing a community/lawyer<br />

outreach advertisement to enhance understanding of<br />

SLAC’s role in the <strong>Bar</strong>.<br />

Recommendations for 2012:<br />

Continue to look for and implement improvements<br />

to the SLAC monitoring process such that SLAC<br />

becomes a reliable and skilled resource for<br />

monitoring agreements between impaired lawyers<br />

and DCO.<br />

Continue to improve communication and<br />

cooperation between SLAC and OAAP.<br />

Continue to seek creative ways to help impaired<br />

lawyers and protect the public.<br />

Respectfully submitted: Bryan R. Welch (CH),<br />

Robert M. Lusk (SEC), Kelly WG Clark, Elmer M.<br />

Dickens, Diane L. Grover, J O’Shea Gumusoglu,<br />

Gregory J. Hazarabedian, Kevin E. Lucey, Richard<br />

C. Whitlock, Donald Muccigrosso (PM), Edward B.<br />

Versteeg (PM), Meloney C. Crawford (OAAP), Douglas<br />

S. Querin (OAAP), Kenneth Stephen Mitchell-Phillips<br />

(BC), Helen M. Hierschbiel (BL).<br />

Uniform Civil Jury Instructions<br />

Committee<br />

Activities and accomplishments:<br />

The committee worked hard this year and revised<br />

five instructions: UCJI No. 5.01 Precautionary<br />

Instruction, UCJI No. 10.04 Witness False in Part,<br />

UCJI No. 46.09 Possessor’s Duty to Invitee, UCJI No.<br />

90.01 Verdict, and UCJI No. 70.19 Noneconomic<br />

Damages - When Required (withdrawn).<br />

The Committee also passed sixteen (16) new<br />

instructions: UCJI No. 10.09 Evidence Received<br />

for Limited Purpose, UCJI No. 10.10 Testimony by<br />

Agreement, UCJI No. 10.11 Stipulations of Fact,<br />

UCJI No. 10.12 Judicial Notice, UCJI No. 11.02<br />

Admissions, UCJI No. 80.18 Tenant’s Claim for<br />

Unlawful Access to Premises, UCJI No. 80.19<br />

Landlord’s Claim for Refusal to Allow Lawful Access,<br />

UCJI No. 80.20 Landlord’s Legal Right of Access—<br />

with Notice, UCJI No. 80.21 Landlord’s Legal Right<br />

of Access—without Notice (For Purpose of Serving<br />

Notice), UCJI No. 80.22 Landlord’s Legal Right of<br />

Access—without Notice (Emergency), UCJI No. 80.23<br />

Landlord’s Legal Right of Access—without Notice (To<br />

Make Repairs Requested by Tenant), UCJI No. 80.24<br />

Landlord’s Legal Right of Access—without Notice<br />

(Showing Premises to Prospective Buyer), UCJI No.<br />

80.25 Landlord’s Legal Right of Access—without<br />

Notice (Yard Maintenance or Grounds Keeping), UCJI<br />

No. 59A.01 Employment Discrimination - Conditions<br />

of Employment, UCJI No. 59A.02 Employment<br />

Discrimination - Hiring / Discharge, and UCJI No.<br />

59A.03 Employment Discrimination - Substantial<br />

Factor.<br />

Matters considered/Matters pending:<br />

The Committee discussed revisions to Assault<br />

(UCJI 40.01) and Noneconomic Damages When<br />

Economic Damages Awarded (UCJI 70.04), but<br />

tabled further discussion and adoption of revisions to<br />

allow subcommittee research and report back to the<br />

full Committee for discussion.<br />

The Committee also considered, but tabled,<br />

discussion on a proposal to rename Negligence Per<br />

Se (UCJI 20.03) to allow a broader conversation<br />

concerning the titles of related instructions.<br />

10


2011 Committee and Section Annual Reports<br />

The Committee will continue with its work to<br />

adopt a set of employment law instructions including<br />

drafting retaliation, OFLA discrimination, Whistle<br />

blowing, and updating wrongful discharge and<br />

disability discrimination instructions.<br />

The Committee discussed the periodic “global”<br />

rewriting of the entire set of published instructions<br />

and considered whether this practice is as<br />

feasible, and as beneficial, as it was in the past,<br />

given the ability of the <strong>Bar</strong> to provide instruction<br />

revisions quickly and readily on-line when they are<br />

completed (rather than waiting for publishing dates<br />

as was necessary in the past). In light of these<br />

developments, the Committee considered whether<br />

a more constructive approach might be to conduct<br />

a global review of the published instructions and<br />

selection of particular book sections for detailed<br />

review/revision/renaming.<br />

Recommendations for 2012:<br />

The 2012 Committee is a hardworking and<br />

congenial group with excellent leadership and will<br />

continue the work of this year’s committee.<br />

Respectfully submitted: Cynthia Furrer Newton<br />

(CH), Scott A. Jonsson (SEC), Courtney W. Angeli,<br />

Honorable Stephen K. Bushong, Michael A. Casper,<br />

Brian D. Cox, Billie J. Eidson, Bryan W. Gruetter, Holli<br />

K. Houston, Matthew J. Kalmanson, R. Daniel Lindahl,<br />

Frederick H. Lundblade, Christopher R. Piekarski, Julie<br />

A. Smith, Julie R. Vacura, Hunter B. Emerick (BC),<br />

Linda L. Kruschke (BL).<br />

Uniform Criminal Jury Instructions<br />

Committee<br />

Activities and accomplishments:<br />

In 2011 the committee responded to the<br />

enactment of new crimes by drafting instructions<br />

that reflect those offenses. The new Felony<br />

DUII instructions reflect some of those efforts.<br />

Additionally, the committee considered opinions<br />

of the <strong>Oregon</strong> Supreme Court and the Court of<br />

Appeals, specifically cases that disapproved of<br />

existing instructions or required the reformulation of<br />

instructions. All changes to instructions have been<br />

published on the <strong>State</strong> <strong>Bar</strong>’s website within 2 weeks<br />

of formal passage by the committee.<br />

Matters considered/Matters pending:<br />

The committee attempted to meet off site in<br />

Pendleton, <strong>Oregon</strong> for its September meeting. That<br />

attempt was unsuccessful but it is the committee’s<br />

intention to try again for a date in 2012. The<br />

committee has been continuing to discuss the<br />

possibility of changing the instruction on Reasonable<br />

Doubt. That discussion was on going through the<br />

year and is expected to be part of the agenda for<br />

a number of meetings in 2012. The committee will<br />

continue to review appellate court decisions to<br />

amend current instructions as needed.<br />

Recommendations for 2012:<br />

It is recommended that as vacancies on the<br />

committee occur geographical diversity be a primary<br />

consideration in filling the vacancies. Also, it is<br />

recommended that the <strong>Bar</strong> encourage efforts to take<br />

meetings off site.<br />

Respectfully submitted: Christopher W. Howard<br />

(CH), Monte G. Ludington (SEC), Benjamin T.<br />

Andersen, Morgen E. Daniels, Kara K. Davis, Phil<br />

Hung Duong, Kelly Rose Glenn, Trevor Johnson,<br />

Jessica O. Kampfe, Andrew Morgan Lavin, Wayne<br />

Mackeson, Ricardo J. Menchaca, William Bryan<br />

Porter, Courtney L. Quale, Michael R. Washington,<br />

Ethan D. Knight (BC), Dean P. Land (BL).<br />

Unlawful Practice of Law Committee<br />

Activities and accomplishments:<br />

The Committee continued the now three year old<br />

practice of stricter docket control. Over the last three<br />

years this has resulted in closing cases faster and<br />

carrying over a smaller pending docket. We will be<br />

carrying over more cases than last year but primarily<br />

due to a spate of filings in late November.<br />

Aside from the usual business of the Committee<br />

which has regularized to a great deal because of<br />

the docket control, the Committee dealt with three<br />

notable changes this year. The first was a new Staff<br />

Liaison, Amber Hollister. She has been a tremendous<br />

success with the Committee. She is a quick study<br />

and easily fit into the rhythm and temperament of the<br />

Committee. In every way she was an asset. Second,<br />

we to the extent possible integrated the new policies<br />

coming out of the UPL Taskforce. This was later<br />

in the year but it will help to not have reprimands<br />

needing to be accepted or rejected. Thirdly, we<br />

dealt with the growing issue of Notarios and the<br />

disproportionate impact they have on vulnerable<br />

communities. We had a meeting with representatives<br />

of the Immigration Law Section and shared some<br />

11


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

important strategies and information. The conclusion<br />

of which was a recommendation to have an<br />

Immigration Section lawyer on the UPL Committee<br />

on a regular basis. We were able to achieve this for<br />

next years committee.<br />

Matters considered/Matters pending:<br />

We received 53 complaints as of the end of<br />

November, 2011. This is up slightly but within a<br />

similar range of cases over the last several years. We<br />

assigned 44 cases for investigation and will have<br />

closed 36 by the end of the year at the last meeting<br />

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

which is up slightly but we also received five cases<br />

for investigation in November. Of the pending cases<br />

two are from 2010 and that is not acceptable, we<br />

need to close cases within a year if at all possible.<br />

We have negotiated three Cease & Desist, and two<br />

cases were recommended for prosecution.<br />

Recommendations for 2012:<br />

By mere serendipity we have had two committee<br />

members from the DOJ Consumer Fraud Division.<br />

This has been a valuable asset in a number of ways<br />

and it should be incorporated as a regular committee<br />

membership position. They are able to advise on<br />

DOJ strategies that overlap with UPL and provide<br />

information on resources both for investigation and<br />

when appropriate resolution.<br />

Respectfully submitted: C Lane Borg (CH), Oscar<br />

Garcia (CH-Elect), Simon Whang (SEC), Russell L.<br />

Baldwin, Haley B. Bjerk, Britney Ann Colton, Teri<br />

L. Durham, Roland A. Johnson, Jane E. Mopper,<br />

Karen M. Oakes, Mary A. Overgaard, Laura B. Rufolo,<br />

Stephanie Antonia Thompson, Lillian Suelzle Watson,<br />

Lisa J. Douglass (PM), Joseph M. Fabiano (PM),<br />

<strong>Bar</strong>bara M. DiIaconi (BC), Amber Autumn Hollister<br />

(BL).<br />

12


Administrative Law Section<br />

Activities and accomplishments:<br />

Section Activities and Use of Dues in 2011<br />

The section regularly published its newsletter<br />

which is now distributed electronically.<br />

The section closely followed bills in the 2011<br />

Session and analyzed those affecting the section’s<br />

members.<br />

The section continued to monitor proposed<br />

legislation and rules.<br />

The section helped negotiate the agreement<br />

between OSB and Fastcase to publish the final<br />

orders of six state agencies.<br />

The section continued to monitor the Attorney<br />

General’s recommendations on Model Rules.<br />

The section maintained its website.<br />

The section reached agreement with the Health<br />

Law Section to help finance Fastcase project.<br />

Recommendations for 2012:<br />

Proposed Section Activities and Use of Dues in<br />

2012<br />

• Regularly publish the newsletter.<br />

• Hold a CLE.<br />

• Monitor legislation and rules.<br />

• Continue the Fastcase project.<br />

• Continue to seek partnerships with other<br />

sections on Fastcase project.<br />

• Monitor the Attorney General’s Model Rules<br />

Advisory Group.<br />

• Monitor the Attorney General’s Transparency<br />

initiative.<br />

• Maintain the website.<br />

• Hold Executive Committee meetings.<br />

• Hold an Annual Business Meeting.<br />

Respectfully submitted: Dennis Koho (CH), Cortney<br />

D. Duke (CH-Elect), Frank T. Mussell (Past CH),<br />

William J. Boyd (TR), Karla Forsythe (SEC), Allan J.<br />

Arlow, Karen Ann Berkowitz, Ann L. Fisher, Denise G.<br />

Fjordbeck, Philip Alan Johnson, Janice Krem, Jeffrey<br />

B. Litwak, James E. Mountain, Sara R. Robinson-<br />

<strong>SECTION</strong>S<br />

2011 Committee and Section Annual Reports<br />

Glasser, Norman R. Williams, Matthew H. Kehoe (BC),<br />

David W. Nebel (BL).<br />

Agricultural Law Section<br />

Activities and accomplishments:<br />

The Ag Section presented its annual CLE in Salem,<br />

<strong>Oregon</strong> on May 13, 2011. The focus this year was on<br />

water issues.<br />

The Section developed its own website to keep<br />

its members better informed of opportunities to be<br />

involved.<br />

Budget:<br />

Total revenues were $1765. Total expenditures<br />

were $1898. The Section has an ending fund<br />

balance of approximately $3800.<br />

Matters considered/Matters pending:<br />

We continue to invite members to work on<br />

agriculture-related articles for posting on our new<br />

website.<br />

We approved issuance of free one-year<br />

memberships to new section members.<br />

Recommendations for 2012:<br />

The Section is committed to its annual CLE.<br />

Respectfully submitted: Elizabeth Howard (CH),<br />

Andrew G. Martin (CH-Elect), Heath Curtiss (Past<br />

CH), Therese A. Ure (TR), Wyatt E. Rolfe (SEC), David<br />

C. Baum, Timothy J. Bernasek, Michael J. Gelardi,<br />

Caroline Lobdell, Helen Nelson, Steven L. Shropshire,<br />

Charles K. Toole, Kenneth Stephen Mitchell-Phillips<br />

(BC), Dani Edwards (BL).<br />

Alternative Dispute Resolution Section<br />

Activities and accomplishments:<br />

2011 was a busy and productive year for the ADR<br />

Section. The Executive Committee completed a<br />

major revision and update of our website. Along with<br />

that review, we added more resources for our section<br />

members to the website.<br />

In addition, the ADR Section expanded its<br />

newsletter from prior years to a bi-quarterly effort<br />

with featured articles from Executive Committee<br />

members and others. The newsletter is distributed<br />

13


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

via email and archived issues are posted on the<br />

website.<br />

The Committee continued its connection to and<br />

collaboration with the <strong>Oregon</strong> Mediation Association<br />

and served as co-sponsor of its annual conference.<br />

This provided extensive continuing education<br />

opportunities for practitioners on November 2, 3,<br />

and 4, 2011 in Portland.<br />

The ADR Section hosted three mini CLE’s this<br />

year. The first was a CLE titled “The Market for<br />

Mediators. The second was a CLE co-sponsored with<br />

the Business Litigation Section and the Labor and<br />

Employment Section, titled “Advocacy in Employment<br />

and Commercial Mediation,” on May 18, 2011. The<br />

third CLE this year was titled “Ethics in Mediation,”<br />

presented as part of our annual meeting on October<br />

26, 2011.<br />

Also at our Annual Meeting on October 26, 2011,<br />

Joshua Kadish was presented with the ADR Section<br />

Sidney Lezak Award.<br />

Executive Committee Members Jane Gordon and<br />

Sharon Williams recently represented the Section at<br />

the ABA Section of Dispute Resolution Advanced<br />

Mediation and Advocacy Skills Institute in San<br />

Diego, California. Jane and Sharon participated as<br />

facilitators for the conference. Our section was a<br />

co-sponsor of this event along with the sections from<br />

Arizona, California, Hawaii, Nevada, the International<br />

Arbitration Law Committee, and the US-Mexico <strong>Bar</strong><br />

Association.<br />

Budget:<br />

The ADR Section’s 2011 Executive Committee<br />

leaves the section’s fund much as we found it, with<br />

a beginning fund balance of $9,265 and a projected<br />

ending balance of $9,630. The Executive Committee<br />

budgeted for $5,600 in revenue in 2011, and its<br />

projected actual 2011 revenue is $6,100. It budgeted<br />

for $5,383 in expenses, and its projected actual<br />

expenses are $5,735. So, its actual projected 2011<br />

net revenue is $365, slightly exceeding its budgeted<br />

net revenue of $217.<br />

Matters considered/Matters pending:<br />

14<br />

• Donations to multiple charitable dispute<br />

resolution organizations. A subcommittee was<br />

formed to review these proposals in the future.<br />

• Review of OMA’s proposed guidelines for<br />

mediation training after a presentation by the<br />

OMA Board.<br />

• Selecting topics for CLE sessions to be<br />

sponsored/organized by the Section.<br />

• Review of and comment on the proposed OSB<br />

fee mediation procedure.<br />

• Potential collaboration with other OSB sections<br />

for CLE/training opportunities.<br />

• Potential collaboration with other states to<br />

expand use of ADR in other areas such as public<br />

interest or non-legal judicial opportunities for<br />

ADR.<br />

• Continued efforts to improve and enhance the<br />

newsletter.<br />

• Potential for out of state speakers for section<br />

meetings and/or CLE opportunities.<br />

Recommendations for 2012:<br />

• Continue to improve and produce the email<br />

newsletter.<br />

• Continue mini-CLE program.<br />

• Reach out to other sections for educational<br />

opportunities for our section members.<br />

• Approach OLI for Season Passes for Section<br />

Members who practice solo or in small firms.<br />

Respectfully submitted: Lisa A. Amato (Co-CH),<br />

Sharon A. Williams (Co-CH), Helle Rode (CH-Elect),<br />

Judge Mary J. Deits (Past CH), Evan P. Seifert (TR),<br />

Nancy E. Hochman (SEC), Albert J. Bannon, Peter R.<br />

Chamberlain, Forrest R. Collins, Charles E. Corrigan,<br />

Jane Gordon, Judy Shipler Henry, Gail A. McEwen,<br />

O. Meredith Wilson, Tom Kranovich (BC), Amber<br />

Autumn Hollister (BL).<br />

Animal Law Section<br />

Activities and accomplishments:<br />

The section has worked all of 2011 to develop<br />

both an externship and an “independent study”<br />

in conjunction with the Center for Animal Law at<br />

Lewis & Clark Law School. The curriculum is divided<br />

into five sections which include public outreach,<br />

professional outreach, professional education, law<br />

improvement, and a compendium of animal cases.<br />

The Public Outreach is pursuing web based content<br />

improvement to provide citizens type educational<br />

programs. Professional Outreach is held 1 CLE in<br />

2011 with the focus on the non-profit sector law as<br />

it relates to animals. Legislative Liaison was inactive<br />

due to the lack of a session.


2011 Committee and Section Annual Reports<br />

2011 Executive Committee<br />

Chairperson – Gregory P. Lynch<br />

Chair-Elect – Kathryn A. Hall<br />

Secretary – Robert S. Simon<br />

Treasurer – Michael B. Gottlieb<br />

Member – Stephanie J. Engelsman<br />

Member – Dane E. Johnson<br />

Member – Patricia Lulay<br />

Member – Amy L. Davidson<br />

Member – Nick Kahl<br />

Advisory Member – Scott Beckstead<br />

Advisory Member – Pamela D. Frasch<br />

Advisory Member – Holly Anne Gibbons<br />

Advisory Member – J Alan Jensen<br />

Advisory Member – Terrance D. Mahr<br />

Advisory Member – Andrew N. Moore<br />

Advisory Member – Todd A. Peterson<br />

Annual meeting: The annual membership meeting<br />

was held at the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> Center in Portland<br />

on December 1, 2011.<br />

Budget:<br />

The budget was approved at the September 23,<br />

2011 Executive Committee meeting.<br />

Legislative issues:<br />

The Legislative liaisons hope to advance an<br />

agenda of law reform. Discussions were held<br />

throughout the year.<br />

Respectfully submitted: Gregory P. Lynch (CH),<br />

Kathryn A. Hall (CH-Elect), Michael B. Gottlieb (TR),<br />

Robert S. Simon (SEC), Amy L. Davidson, Stephanie<br />

J. Engelsman, Dane E. Johnson, Nick Kahl, Patricia<br />

Lulay, Scott Beckstead (ADV), Pamela D. Frasch<br />

(ADV), Holly Anne Gibbons (ADV), J Alan Jensen<br />

(ADV), Terrence D. Mahr (ADV), Andrew N. Moore<br />

(ADV), Todd A. Peterson (ADV), Matthew H. Kehoe<br />

(BC), Kay Pulju (BL).<br />

Antitrust and Trade Regulation Section<br />

Activities and accomplishments:<br />

The Section sponsored and participated in four<br />

CLE’s in 2011. Three CLEs were conducted as lunch<br />

discussions that covered issues relating to green<br />

marketing and health care. The fourth CLE, offered<br />

in conjunction with the annual meeting, included a<br />

half-day program highlighting speakers from outside<br />

of <strong>Oregon</strong> as well as local antitrust practitioners.<br />

Regulators from both the state and federal levels<br />

participated in panel discussions during the program.<br />

The focus of the program included discussion of<br />

both green marketing issues and health care antitrust<br />

matters.<br />

The section leadership tried to recruit new<br />

members this year by personal contact and through<br />

the CLE programs. We were successful in attracting<br />

10-15 new members.<br />

The Section continued efforts to update its<br />

website and add content relating to its CLE programs.<br />

Budget:<br />

The Section stayed within its budget goals<br />

and enters into 2012 with a positive balance of<br />

approximately $6,500.<br />

Recommendations for 2012:<br />

The section leadership expects to focus on<br />

the goals of continuing to increase membership<br />

and collaboration with other sections to develop<br />

programs that interest a broader audience. The<br />

section will strive to continue updating its website<br />

and adding new content for use by members. In<br />

addition, the section leadership plans to continue<br />

lunch discussion groups and an extended annual<br />

meeting program. The section leadership hopes<br />

to conduct outreach by hosting a program for law<br />

students interested in antitrust law at one or more of<br />

the local law schools next year.<br />

Respectfully submitted: Andrew E. Aubertine (CH),<br />

Stephanie K. Hines (CH-Elect), David L. Silverman<br />

(Past CH), John F. McGrory (TR), Ryan M. Bledsoe<br />

(SEC), Karri Kuenzli Bradley, Joseph N. Eckhardt,<br />

Nancy M. Erfle, Mark A. Friel, Tim D. Nord, Lloyd L.<br />

Pollard, John C. Rothermich, Scott G. Seidman, Ethan<br />

D. Knight (BC), Chris L. Mullmann (BL).<br />

Aviation Law Section<br />

Activities and accomplishments:<br />

The Section held a monthly Executive Committee<br />

lunch meeting, to which all Section members were<br />

invited, as an open forum for practitioners with cases<br />

15


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

or questions of common interest to other aviation<br />

lawyers.<br />

The Section worked with the OSB liaisons to<br />

monitor and disseminate information on activities<br />

before the <strong>Oregon</strong> Legislature of interest to the<br />

aviation community.<br />

The Section co-sponsored and provided a speaker<br />

for the 38 th Annual Pacific Northwest Aviation Law<br />

Seminar, three-days of OSB-approved continuing<br />

education on matters of interest in aviation law.<br />

The Section hosted an observation site and<br />

reception for the 2011 Hillsboro Air Show at Global<br />

Aviation, Inc.<br />

Budget:<br />

The Section received approximately $900 in dues<br />

during the year. Revenues are used to underwrite<br />

the cost of the annual meeting and administrative<br />

support fees assessed by OSB. The Section also<br />

made a $100 contribution to the Classroom Law<br />

Project.<br />

Legislative issues:<br />

The Executive Committee considered potential<br />

state legislation that would have permitted the<br />

Director of the <strong>Oregon</strong> Department of Aviation to<br />

impose civil penalties for violations of aviation laws,<br />

rules or order and that would have permitted local<br />

governments to limit growth at airports when that<br />

growth is related to helicopters. That legislation,<br />

however, did not reach the floor of the <strong>Oregon</strong><br />

Legislature.<br />

Matters considered/Matters pending:<br />

Pending matters include support of the biennial<br />

Aviation Law Seminar at Lewis & Clark Law School<br />

to be held in 2012 and a possible joint seminar<br />

conducted by the Aviation Law and Litigation<br />

Sections.<br />

Recommendations for 2012:<br />

The Section will continue to support the Lewis &<br />

Clark Law School Aviation Law class.<br />

The Section will monitor the <strong>Oregon</strong> legislative<br />

session for matters of import to the aviation<br />

community.<br />

The Section will co-sponsor the 39 th Annual<br />

Pacific Northwest Aviation Law CLE in September<br />

2012.<br />

The Section will continue to hold open meetings<br />

on a generally monthly basis.<br />

Respectfully submitted: Sue McKeon (CH),<br />

Matthew K. Clarke (CH-Elect), Robert B. Hopkins<br />

(Past CH), Stuart W. Smith (TR), Thomas E. Cooney<br />

(SEC), John R. <strong>Bar</strong>ker, Roderick A. Boutin, Donald<br />

B. Bowerman, Thomas J. Flaherty, Jonathan M.<br />

Hoffman, John C. Hutchison, <strong>Bar</strong>bara Ann Jacobson,<br />

Timothy E. Miller, Steven L. Myers, Philip A. Rush,<br />

David J. Sweeney, Christine Tracey, A Richard Vial<br />

(ADV), David Wade (BC), Sarah Hackbart (BL).<br />

Business Litigation Section<br />

Activities and accomplishments:<br />

During 2011 the Business Litigation Section<br />

continued its CLE programs and presented four<br />

seminars. All CLEs were held in Portland at the<br />

Benson Hotel. Attendance remained consistent.<br />

These were:<br />

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

Business Trial,” presented by Steve English and Rick<br />

Stone.<br />

5/18/2011: “Effective Advocacy In Employment<br />

and Commercial Mediation” presented by Susan<br />

Hammer, John <strong>Bar</strong>ker, Courtney Angeli and Gary<br />

Berne.<br />

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

Solve the Problem,” presented by Diane F. Wyzga,<br />

RN, JD.<br />

11/16/2011: “Problems in Mergers and<br />

Acquisitions-or How to Recognize and Avoid the<br />

Scum Bag Manual,” presented by Peter Richter and<br />

Pat Gleitsmann.<br />

Budget:<br />

The Executive Committee approved a budget for<br />

2012 during the course of its meeting on November<br />

16, 2012. The budget is available from the <strong>Oregon</strong><br />

<strong>State</strong> <strong>Bar</strong>. The budget presumes approximately 640<br />

members and annual revenues of approximately<br />

$15,000 from member dues and CLE registration.<br />

Legislative issues:<br />

The Business Litigation Section does not at this<br />

time anticipate proposing any new legislation but<br />

it will continue to monitor legislative proposals of<br />

interest to Section members.<br />

16


2011 Committee and Section Annual Reports<br />

Any other comments:<br />

A new slate of officers was elected for 2012 by<br />

the Section during the course of its annual meeting<br />

on November 16, 2011. The new officers will begin<br />

to serve effective January 1, 2011. Additionally,<br />

the section approved new Executive Committee<br />

members. The new officers and committee members<br />

will meet in January of 2012 for the annual planning<br />

session. The agenda will include a discussion of<br />

possible CLE topics for 2012 and related items.<br />

Respectfully submitted: Kerry J. Shepherd (CH),<br />

Paul W. Conable (CH-Elect), Renee E. Rothauge (Past<br />

CH), Thomas Russell Johnson (TR), Janet Knauss<br />

Larsen (SEC), Kieran John Curley, Timothy S. DeJong,<br />

Katherine Heekin, Christopher J. Kayser, Kevin S.<br />

Mapes, John F. McGrory, Craig G. Russillo, John W.<br />

Stephens, Robert A. Swider, Laura Caldera Taylor,<br />

Christopher H. Kent (BC), Camille Greene (BL).<br />

Civil Rights Section<br />

Activities and accomplishments:<br />

This year we continued publication of the Civil<br />

Rights Section’s Newsletter. By the end of the<br />

year we will have published three issues; one is<br />

forthcoming. We settled on three issues this year<br />

both because of timing considerations on articles<br />

and for financial reasons.<br />

We organized and co-sponsored a Public Forum<br />

with the Portland Public Schools entitled “Beating<br />

Bullying: A Harassment & Bullying Prevention<br />

Program.” The forum was also co-sponsored by the<br />

Diversity Section. The event was held at Roosevelt<br />

High School, was open to the public at no cost, and<br />

was well-attended.<br />

We organized and co-sponsored an all-day CLE<br />

with the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> entitled: “Expanding Civil<br />

Rights Advocacy: Emerging Trends in Your Practice.”<br />

Although the CLE had lower attendance than our<br />

CLEs usually do, the quality of the panels was high.<br />

We made contributions to the <strong>Oregon</strong> Minority<br />

Law Association auction and to the Campaign for<br />

Equal Justice.<br />

Through the OSB, we created a listserv for the<br />

Section members.<br />

Budget:<br />

We adhered to our budgetary goals. However,<br />

because the newsletter costs have increased in<br />

recent years and our membership has declined<br />

somewhat, we continue to use a portion of our<br />

surplus.<br />

Legislative issues:<br />

We did not actively communicate with our<br />

membership this year on legislative issues.<br />

Matters considered/Matters pending:<br />

We are excited that we have reached a cosponsorship<br />

agreement with the Labor &<br />

Employment Section for next year: with L&E’s input,<br />

we will produce a newsletter issue focused on labor<br />

and employment issues in the civil rights arena,<br />

which L&E will fund and which will be distributed<br />

to their members as well as ours. With this<br />

arrangement, we anticipate being able to publish four<br />

newsletter issues in 2012.<br />

Although the section was not a sponsor of the<br />

November 4th Convocation on Equality, various<br />

Executive Committee members were involved with<br />

or attended the COE. Ideas emerged at the COE<br />

on possible ways for sections and bar associations<br />

interested in diversity issues to work together in the<br />

future, and the Executive Committee discussed these<br />

possibilities at the November meeting.<br />

Recommendations for 2012:<br />

• Consider possible ways to increase membership<br />

and/or other ways to address our budgetary<br />

issues.<br />

• Again plan a Public Forum that will attract a<br />

sizable audience and provide a public service.<br />

• Plan a CLE, possibly on a ‘blockbuster’ topic,<br />

that will provide useful information and attract a<br />

sizable audience.<br />

• Building on the energy from the Convocation<br />

on Equality, work with other sections and bar<br />

associations on diversity issues.<br />

• Evaluate and possibly revamp our methods for<br />

communicating with members on pending<br />

legislative issues.<br />

Respectfully submitted: Sally A. Carter (CH), Sarah<br />

Radcliffe (CH-Elect), Amy L. Angel (Past CH), Mary<br />

Ellen Page Farr (TR), Sean M. Driscoll (SEC), J Ashlee<br />

Albies, Thaddeus August Betz, C Akin Blitz, Adrian<br />

Lee Brown, Marianne G. Dugan, Meg Heaton, Diane<br />

Schwartz Sykes, Mitzi M. Naucler (BC), Paul Nickell<br />

(BL).<br />

17


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Computer and Internet Law Section<br />

Activities and accomplishments:<br />

As in years past, the Computer & Internet Law<br />

Section continued to focus on providing quality CLEs<br />

on topics of interest to our membership. During<br />

the course of the year, we sponsored ten one-hour<br />

luncheon CLEs on a variety of computer & Internet<br />

law related topics, ranging from e-discovery issues,<br />

to ACTA and online copyright enforcement, to IP &<br />

Computer-related tax issues, along with co-sponsored<br />

CLEs with other sections on such topics as Bilski and<br />

the America Invents act.<br />

We continued to make written materials from<br />

those CLEs available to members on our website.<br />

These additions to our website have been very well<br />

received by our membership and have helped us<br />

advertise and manage our luncheon CLEs more<br />

efficiently. We have also continued making audio<br />

recordings of our luncheon CLEs and are making<br />

these available for purchase and download by<br />

members of the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> through the<br />

<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>’s website.<br />

Our annual CLE, “Coming to Terms with the<br />

Internet: A Eulogy for the Old Ways of Doing Things,”<br />

was also a success, and featured an excellent crosssection<br />

of speakers discussing both theoretical and<br />

practical implications of doing business in the wake<br />

of the digital revolution.<br />

In addition to the above, the Computer & Internet<br />

Law Section executive committee elected to make a<br />

donation to the Classroom Law Project. We also held<br />

our usual monthly executive committee meeting and<br />

hosted an annual dinner and meeting in September.<br />

Budget:<br />

The Computer & Internet continues to offset<br />

some of its expenses with revenue generated by the<br />

luncheon CLEs. Membership revenue has largely<br />

remained stable. The executive committee has<br />

decided to slightly modify its budget reserve strategy<br />

for the upcoming year, to help reduce our fund<br />

balance and target additional monies to brining in<br />

high-quality speakers of interest to our membership,<br />

as well as co-sponsor special presentations of interest<br />

to both our membership and other sections. We will<br />

continue to assess how much of a reserve we need<br />

to maintain and whether, based on that assessment,<br />

we can make a contribution to an appropriate legalrelated<br />

organization as we have done in the past.<br />

Matters considered/Matters pending:<br />

During the year, the executive committee<br />

considered a variety of matters related to the normal<br />

operation of the section. These matters included:<br />

Future CLE topics and speakers, logistics for web<br />

content, online registration form design and use,<br />

donation to the Classroom Law Project, annual<br />

CLE logistics, annual dinner/meeting logistics, and<br />

revenue and expense management.<br />

Matters still pending before the executive<br />

committee include: announcement to new admittees<br />

regarding section membership, 2012 subcommittee<br />

memberships (e.g., luncheon CLE committee chair),<br />

the making of a contribution, or not, and transition to<br />

new officers of the executive committee.<br />

Recommendations for 2012:<br />

Items up for consideration include: opportunities<br />

to partner and co-sponsor events with other<br />

members, “non-traditional” events such as evening<br />

socials that might be of interest to our membership,<br />

bringing in nationally-recognized speakers at a<br />

reduced attendance price for our membership, and<br />

new ideas for driving traffic to our website. The<br />

executive committee should continue to look for<br />

opportunities to attract new executive committee<br />

members to replace existing long time members<br />

reaching term limits.<br />

Respectfully submitted: Marc Visnick (CH), Charles<br />

R. Bowers (CH-Elect), Travis J. Benn (Past CH), Chad<br />

M. Colton (TR), Robert A. Swider (SEC), Michael A.<br />

Cohen, Marinus Damm, Paula Holm Jensen, Shawn<br />

M. Lindsay, Marti McCausland, Karen Dana Oster,<br />

Emilee S. Preble, Heather R. Self, Joshua W. Smith,<br />

C. Kalei L. Taylor, Richard A. Wilhelm, Maureen Claire<br />

O’Connor (BC), Michael Legleiter (BL).<br />

Constitutional Law Section<br />

Activities and accomplishments:<br />

The Section hosted its annual CLE, which<br />

it cosponsored with the <strong>Bar</strong>, on December 2,<br />

2011. The CLE featured three panels of speakers.<br />

First, University of <strong>Oregon</strong> Law School Professors<br />

Stuart Chinn and Ofer Raban spoke on recent and<br />

upcoming U.S. Supreme Court cases. Second,<br />

<strong>Oregon</strong> Supreme Court Justice Jack Landau, <strong>Oregon</strong><br />

Court of Appeals Judge David Schuman, and Alycia<br />

Sykora discussed recent <strong>Oregon</strong> Supreme Court<br />

and Court of Appeals state constitutional law cases.<br />

18


2011 Committee and Section Annual Reports<br />

Finally, Willamette Law Professor Norman Williams,<br />

Lewis & Clark Law Professor James Huffman, <strong>Oregon</strong><br />

Deputy Solicitor General Michael Casper and Matt<br />

Kalmanson spoke on the constitutionality of the<br />

Patient Protection and Affordable Care Act.<br />

A Section subcommittee planned and solicited<br />

authors for a new <strong>State</strong> Constitutional Law <strong>Bar</strong> Book.<br />

In March 2011, the Section distributed an<br />

electronic newsletter to its members. The link to that<br />

newsletter is: http://www.osbar.org/!newsletters/<br />

ConLaw_2011Mar.pdf<br />

Budget:<br />

The Section’s projected year-end balance is<br />

$12,788. For 2012, the Section has budgeted<br />

$4,375 in revenues and $4,825 in expenses, with a<br />

projected year-end balance of $12,338.<br />

Legislative issues:<br />

The Section Executive Committee voted to<br />

support the formation of a work group by the <strong>Oregon</strong><br />

Law Commission to examine and recommend, if<br />

appropriate, changes to the way appellate judges<br />

are chosen in <strong>Oregon</strong> and to those judges’ length<br />

of tenure. The Committee indicated to the Executive<br />

Director of the Commission that Section members<br />

might be interested and willing to serve on such a<br />

work group.<br />

Matters considered/Matters pending:<br />

The <strong>State</strong> Constitutional Law <strong>Bar</strong> Book is an<br />

ongoing project and the members of the planning<br />

subcommittee will serve as the editors for the book.<br />

The Section will being planning its 2012 CLE in<br />

early 2012.<br />

Recommendations for 2012:<br />

Issue a newsletter for 2012.<br />

Respectfully submitted: Chin See Ming (CH),<br />

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

Sykora (Past CH), Gregory A. Chaimov (TR), Robert<br />

M. Atkinson, Honorable Henry C. Breithaupt, John<br />

Paul Graff, Matthew J. Kalmanson, Erin C. Lagesen,<br />

Honorable Jack L. Landau, Maureen Leonard,<br />

Jennifer Middleton, Honorable David Schuman,<br />

Erin J. Snyder, C Robert Steringer, Les Swanson,<br />

Christopher H. Kent (BC), Paul Nickell (BL).<br />

Consumer Law Section<br />

Activities and accomplishments:<br />

The Consumer Law Section sponsored House Bill<br />

2682 in the 2011 legislative session to increase the<br />

wage exemption provided for in ORS 18.385. This bill<br />

passed and became effective on June 2, 2011.<br />

The Consumer Law Section presented two CLEs<br />

in 2011. In September, the section presented a CLE<br />

on recent legislative updates affecting the practice of<br />

consumer law. Additionally, in October, the section<br />

sponsored a CLE in Jackson County on mortgages<br />

and foreclosure defense.<br />

Budget:<br />

The section’s projected year-end balance for 2011<br />

is $3,400. The section’s 2011 CLEs generated an<br />

estimated $1,560 in revenue. Anticipated expenses<br />

for 2011 include sponsoring one or more CLEs,<br />

updating and circulating the section’s lending library<br />

of consumer law related books and materials that<br />

are available to section members at no cost, and<br />

making a contribution to one or more charitable<br />

organizations that work to protect consumer rights.<br />

Legislative issues:<br />

As mentioned above, the section sponsored a bill<br />

to increase the ORS 18.385 wage exemption in the<br />

2011 regular legislative session. The section plans to<br />

monitor bills presented in the 2012 special session<br />

and participate in any bills of interest to the extent<br />

permitted by the OSB Board of Governors.<br />

The section is also convening a legislative<br />

subcommittee and plans to sponsor consumerrelated<br />

legislation in the 2013 regular session.<br />

Matters considered/Matters pending:<br />

The executive committee considered contribution<br />

of charitable funds and ways to reduce expenses<br />

and increase revenue. There are no matters from<br />

2011 considered still pending except for approval of<br />

the minutes from the November 16, 2011 executive<br />

committee meeting.<br />

Recommendations for 2012:<br />

• The Consumer Law Section plans to sponsor<br />

one or more CLEs in the upcoming year.<br />

• As mentioned above, the Consumer Law Section<br />

plans to monitor the 2012 special legislative<br />

session and work one or more legislative<br />

19


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

proposals to be introduced the 2013 session.<br />

• The section hopes to increase advertisement<br />

and member use of its lending library.<br />

• Potential plans for 2012 also include updating<br />

or improving the Section’s website and<br />

web presence, and/or distributing a section<br />

newsletter and providing an opportunity for<br />

members or others to write and publish articles<br />

of interest to the membership.<br />

Respectfully submitted: Brenda M. Bradley (CH),<br />

David L. Koen (CH-Elect), Keith D. Karnes (Past CH),<br />

Joshua L. Ross (TR), Lissa K. Kaufman (SEC), Kristen<br />

Nicole Baxter, Mark Coleman, Hope A. Del Carlo, Bret<br />

A. Knewtson, Tim Alan Quenelle, Louis D. Savage,<br />

Andrew U. Shull, Robert S. Sola, Nanina D. Takla,<br />

David W. Venables, Gina Anne Johnnie (BC), David<br />

W. Nebel (BL).<br />

Corporate Counsel Section<br />

Activities and accomplishments:<br />

April 7 th -- Sponsored a round table on<br />

“Employment Law and What Corporate Counsel<br />

Need to Know”.<br />

May 17 th -- CLE with lunch “What In House<br />

Counsel Should Know About Cloud Computing”.<br />

Spring – Published the spring edition of the<br />

Corporate Counsel newsletter “Corporate Counselor”,<br />

available on-line.<br />

June – Hosted a Corporate Counsel networking<br />

lunch.<br />

November – Published the fall edition (Volume 2)<br />

of “Corporate Counselor”, also available on- line.<br />

December -- Anticipate hosting an ethics CLE in<br />

late December<br />

Budget:<br />

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

• Projected for 2012 -- $7981<br />

• 2011 – 470 members<br />

• 2012 –483 members projected<br />

• Dues will remain at $20 per member annually<br />

for 2012<br />

Matters considered/Matters pending:<br />

See meeting minutes.<br />

Recommendations for 2012:<br />

To be determined at the first meeting of 2012.<br />

Anticipate 3-4 CLEs, and continued publication of<br />

the Spring and Fall newsletter.<br />

Respectfully submitted: Robert J. <strong>Bar</strong>socchini<br />

(CH), Gary H. Lau (CH-Elect), Brian S. Thompson<br />

(Past CH), Tiffany A. Souza (TR), Tanya A. Griffin<br />

(SEC), Christian F. Boenisch, Kirsten J. Day, Daniel<br />

J. Field, Ann L. Fisher, C Edward Gerdes, Jeffrey A.<br />

Johnson, Allyson R. Keo, David MEisels, Ambyr M.<br />

O’Donnell, Keith Edward Parker, Matthew A. Wilson,<br />

<strong>Bar</strong>bara M. DiIaconi (BC), Lorraine R. Jacobs (BL).<br />

Criminal Law Section<br />

Activities and accomplishments:<br />

On February 17 th a CLE focusing on White Collar<br />

Crime was presented at the Multnomah Athletic<br />

Club. The CLE featured a panel of experts, which<br />

included an Assistant US Attorney, an experienced<br />

criminal defense attorney and general counsel for<br />

a large corporation. The panelists provided insights<br />

into the investigation, prosecution and defense<br />

of complex business fraud cases. Sam Kauffman<br />

moderated the panel. The CLE was attended by<br />

approximately 20, who earned 2 MCLE credits. This<br />

CLE was a successful attempt by the Section to<br />

expand services to a broader group of lawyers.<br />

The 24 th Annual Criminal Law Section CLE was<br />

presented on April 1, 2011. The CLE was attended<br />

by 116 members, which represents an increase<br />

in attendance from the previous annual program.<br />

The CLE was titled “Thoughts from the Jury Box”<br />

and featured an afternoon program in which jurors<br />

from two serious criminal cases talked about their<br />

experience as jurors. Washington County Judge<br />

Gayle Nachtigal and Clackamas County Judge Susie<br />

Norby moderated the presentation. The CLE also<br />

included a presentation on the legal complexity<br />

of vehicle traffic stops. This presentation featured<br />

vignettes that enacted traffic stop scenarios, followed<br />

by legal analysis. Multnomah County Judges Michael<br />

McShane and Eric Bergstrom and <strong>Oregon</strong> Court of<br />

Appeals Judge Rebecca Duncan presented the legal<br />

issues and provided expert legal analysis. Attendees<br />

earned 5.5 MCLE General Credits and 1 MCLE<br />

Ethics Credits. This year marked a change in location,<br />

moving to the OSB facility in Tigard.<br />

The Executive Committee met on a monthly basis<br />

(except for July and August). The membership of the<br />

20


2011 Committee and Section Annual Reports<br />

Committee has experienced significant change in the<br />

last year. Five new members have been added in the<br />

last year.<br />

Budget:<br />

The Section continues to be fiscally responsible.<br />

The cost for member fees remained the same again<br />

this year. The cost for the annual CLE also remained<br />

the same.<br />

Legislative issues:<br />

The Executive committee was briefed on<br />

legislative issues relevant to criminal law by Matt<br />

Shields. A specific issue related to establishing<br />

professional performance standards for delinquency<br />

and dependency cases in Juvenile court. Matt also<br />

briefed the committee on the bail bond issue that<br />

ended up not being introduced to the legislature.<br />

Matters considered/Matters pending:<br />

The committee continues to look for ways to<br />

expand service to section members. Portions of<br />

the April, 2010 CLE will be made available on-line<br />

to members. The committee is working with the<br />

<strong>Bar</strong> to make these presentations available without<br />

cost. Future CLEs will become available on-line with<br />

some costs for members. This is another example<br />

of efforts to expand the scope of services available<br />

to members, especially those that live outside the<br />

metropolitan area.<br />

The committee has received requests for<br />

donations from several service related and<br />

community related groups. We have been<br />

considering these requests on an ad hoc basis. (The<br />

committee, on behalf of the Section donated $800<br />

this year to the Minority Law group). We are currently<br />

working on guidelines/criteria for making these<br />

donation decisions.<br />

We will continue to provide high quality and<br />

low cost CLEs. Our focus remains on the full day<br />

April CLE. We hope to provide a 2-4 hour CLE<br />

in September also. We also plan to maintain and<br />

improve content on the Criminal Law section website.<br />

Recommendations for 2012:<br />

• High quality annual CLE is April<br />

• 2-4 hour CLE in the fall on a specific topic<br />

• make video of CLE available on-line<br />

• complete guidelines for donations<br />

• maintain and improve the Section website<br />

Respectfully submitted: Gregory D. Horner (CH),<br />

Samuel C. Kauffman (CH-Elect), Marc Sussman<br />

(Past CH), Peter L. Deuel (TR), <strong>Bar</strong>bara Gabriela Ghio<br />

(SEC), Bradley C. Berry, Aaron L. Brenneman, Milan E.<br />

Castillo, Beth L. Roberts, Gregory B. Scholl, Timothy<br />

A. Sylwester, Shaw Evans Wiley, Daniel Ousley (ADV),<br />

Judge Janelle Factora Wipper (ADV), Ethan D. Knight<br />

(BC), Kateri Walsh (BL).<br />

Diversity Section<br />

Activities and accomplishments:<br />

Broad representation: The OSB Diversity Section<br />

Executive Committee (DSEC) appointed members to<br />

the DSEC to ensure broad representation from each<br />

specialty bar, <strong>Oregon</strong> law schools, small/mid-sized/<br />

large law firms and diversity-related bar sections.<br />

Collaboration and Communications<br />

Subcommittee: The subcommittee drafted a<br />

communication plan in an effort to more effectively<br />

communicate with DSEC membership and to<br />

increase membership. The plan was implemented<br />

to include updates of the website, the creation of<br />

brochures, and the distribution of pens and magnets<br />

to new admittees at swearing-in ceremonies and to<br />

others at DSEC-sponsored events, such as the 2011<br />

Convocation on Equality.<br />

AJC CLE Review: DSEC members attended<br />

various Access to Justice CLEs throughout the year<br />

to survey the quality of programming.<br />

Presentation of a Resolution of Congratulations<br />

to Judge Marco Hernandez: Judge Lopez drafted<br />

and DSEC presented to Judge Hernandez a framed<br />

resolution supporting his appointment to the federal<br />

bench on March 30, 2011.<br />

OSB Mentorship Program: DSEC discussed<br />

support for the new OSB Mentorship Program and<br />

further agreed to encourage diverse lawyers to serve<br />

as mentors. DSEC designated a liaison at the DSEC<br />

meeting held on April 13, 2011.<br />

PGE Diversity Conference: DSEC Chair Diane<br />

Sykes presented at the PGE Diversity Summit on<br />

religious diversity on April 15, 2011. PGE was a<br />

sponsor of the Convocation on Equality.<br />

OSB Director of Diversity and Inclusion Hiring:<br />

DSEC Chair Diane Sykes and AAC Chair Linda Meng<br />

participated in interviews for the position of OSB<br />

21


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Director of Diversity and Inclusion on April 20, 2011.<br />

Bullying Forum: DSEC co-sponsored a bullying<br />

forum at Roosevelt High School, in coordination with<br />

the OSB Civil Rights Section, on June 2, 2011. The<br />

focus of the panel was disabled and LGBT students.<br />

MBA Membership Committee Celebration of<br />

Diversity and Inclusion: DSEC Chair Diane Sykes<br />

presented at this MBA-sponsored event on the work<br />

of the DSEC at Ater Wynn on June 2, 2011.<br />

Board of Governors: DSEC Chair Diane Sykes<br />

provided testimony on the BOG Resolution in<br />

Support of the Convocation on Equality at OSB on<br />

June 24, 2011. The Resolution was unanimously<br />

approved.<br />

Opportunities for Lawyers in <strong>Oregon</strong>- DSEC<br />

members attended and volunteered at OLIO in Hood<br />

River on August 4-7, 2011.<br />

House of Delegates: DSEC Executive Committee<br />

member Judge Lopez drafted an amendment to the<br />

OSB <strong>State</strong>ment of Professionalism to add support for<br />

a diverse bar and bench. DSEC Chair Diane Sykes<br />

appeared before the HOD on October 28, 2011 to<br />

provide testimony. The amended OSB <strong>State</strong>ment of<br />

Professionalism was approved.<br />

BOWLIO: DSEC members attended BOWLIO on<br />

October 22, 2011 to support OLIO programs.<br />

Convocation on Equality: DSEC co-sponsored the<br />

2011 Convocation on Equality, a large legal diversity<br />

summit, held at the <strong>Oregon</strong> Convention Center on<br />

November 4, 2011. This event involved over two<br />

years of extensive planning and preparation by a<br />

steering committee, co-organizers Emilie Edling and<br />

Akira Heshiki, members of the DSEC, specialty bars,<br />

law schools, OSB, legal employers, government<br />

representatives and diversity advocates. Nearly 400<br />

people attended this historical event. The event<br />

featured prominent key note speakers and up to 5.5<br />

CLE credits for attendees. The majority of which,<br />

qualified as Access to Justice credit. In addition to<br />

networking opportunities, a directory of diversity<br />

resources was created and distributed to attendees.<br />

A best practices diversity Toolkit was created which<br />

will be finalized in 2012.<br />

Budget:<br />

Randy Arthur, the DSEC Treasurer, submitted an<br />

approved 2012 budget to the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>. The<br />

current balance of funds is approximately $8,011.<br />

The DSEC moved to approve a membership dues<br />

increase to $25 per year.<br />

Legislative issues:<br />

A constituent contacted the DSEC with an interest<br />

in amending the AJC requirement to include veterans<br />

as a protected class. The constituent subsequently<br />

decided to withdraw the amendment and no<br />

further action was taken. DSEC did not submit any<br />

legislation during 2011.<br />

Recommendations for 2012:<br />

Foster opportunities for legal employers to adopt<br />

the recommendations in the “tool kit” and other<br />

recommendations developed at the Convocation on<br />

Equality.<br />

Refine and further define the roles of the<br />

Affirmative Action Committee (AAC) and the OSB<br />

Diversity Section. We plan to do this by working with<br />

law schools on the creation of diversity coursework<br />

and working on pipeline projects both in conjunction<br />

with the AAC.<br />

• Actively participate in OSB mentorship<br />

programs.<br />

• Continue to participate, support and financially<br />

sponsor diversity-related events and specialty bar<br />

programs.<br />

• Develop protocols for working in collaboration<br />

with specialty bars.<br />

• Continue to advise OSB on matters involving<br />

diversity and inclusion.<br />

Any other comments:<br />

This has been an exciting year for the OSB<br />

Diversity Section. Since its inception, the DSEC<br />

has worked to define its mission and function.<br />

The Diversity Section originally had education,<br />

communication and networking subcommittees.<br />

A legal employer subcommittee later formed and<br />

hosted a series of workshops to legal employers on<br />

recruitment, retention and advancement of diverse<br />

candidates. The DSEC evolved to become a platform<br />

for issues of diversity and inclusion within the OSB<br />

membership, including challenges to the Access to<br />

Justice Credit requirements (formerly Elimination of<br />

Bias) and the sunsetting of the Affirmative Action<br />

Program. Through sustained effort and planning<br />

of the Convocation on Equality, DSEC effectively<br />

brought together a wide network of legal diversity<br />

advocates. In the upcoming year, the DSEC should<br />

22


2011 Committee and Section Annual Reports<br />

dedicate ample time to implementation of the<br />

recommendations, tools and skills that developed at<br />

the Convocation.<br />

Respectfully submitted: Diane Schwartz Sykes<br />

(CH), Cashauna Hill (CH-Elect), Andrea J. Anderly<br />

(Past CH), Randy L. Arthur (TR), Emilie K. Edling<br />

(SEC), Judge Cheryl A. Albrecht, Nicole Rachael<br />

Commissiong, Shari R. Gregory, Yesenia Gutierrez,<br />

Akira Heshiki, Ellen K. Jones, Megan I. Livermore,<br />

Matthew W. Johnson (ADV), Honorable Angel Lopez<br />

(ADV), Ali D. Seals (ADV), Simon Whang (ADV),<br />

Audrey T. Matsumonji (BC), Mariann Hyland (BL).<br />

Environmental and Natural Resources<br />

Section<br />

Activities and accomplishments:<br />

The Section continued its emphasis on education,<br />

with its programs of newsletters, casenotes, CLEs,<br />

brownbags, and Deskbook revision.<br />

New field trip program: This year the Section<br />

launched a new field trip program to allow Section<br />

members to visit facilities involved in natural<br />

resource and environmental activities, including a<br />

recycling plant in Hillsboro, a wastewater treatment<br />

facility in Tigard, and a wind energy training center<br />

where techs are trained in turbine maintenance,<br />

and additional field trips are planned to a wetlands<br />

restoration project and a green building.<br />

New awards program: Another new initiative<br />

this year was the creation and establishment of an<br />

Awards Program, with the award for contributions<br />

in the field of natural resource and environmental<br />

law planned for the Section’s annual meeting in<br />

December.<br />

Newsletters: The E&NR newsletters were<br />

revamped this year into the E-Outlook format with<br />

the emphasis being on shorter articles of relevance<br />

to Section members. Six newsletters were published<br />

this year: January: The Wilderness Society v. U.S.<br />

Forest Service, No. 09-35200, 2011 WL 117627, at<br />

*1 (9th Cir. Jan. 11, 2011) changing long standing<br />

precedent that prohibited non federal defendents to<br />

intervene in NEPA cases; March: the Ninth Circuit<br />

Court of Appeal’s decision in City of Los Angeles v.<br />

San Pedro Boat Works, addressing whether a holder<br />

of a possessory interest in real property can be<br />

held liable as an “owner” under CERCLA; April: the<br />

Secretary of the Interior’s 2009 withdrawal of the<br />

resource management plans for several Bureau of<br />

Land Management forests in Western <strong>Oregon</strong>, known<br />

as the Western <strong>Oregon</strong> Plan Revision; May: Montana<br />

v. Wyoming, a water rights case addressing whether<br />

junior users can prevent senior users from increasing<br />

the efficiency of their irrigation techniques, thus<br />

decreasing return flows; August: the <strong>Oregon</strong> Water<br />

Resources Department’s new permitting process for<br />

alternative reservoir water right permits; November:<br />

the <strong>Oregon</strong> <strong>State</strong> Legislature’s recent effort to control<br />

aquatic invasive species through an administrative<br />

search model for mandatory boat inspection stations,<br />

so as to comport with the <strong>Oregon</strong> Constitution.<br />

Casenotes: The Section published three editions<br />

of Casenotes, a summary of recent cases of interest<br />

to ENR practitioners, in April, August and October.<br />

Brownbag CLEs: The Section also held several<br />

free educational Brownbag sessions on a variety of<br />

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

“The Kura-Araks River Basin: A Post-USSR Perspective<br />

on International Water Policy & the Connection to<br />

Western Water Law in the United <strong>State</strong>s” - Haykanush<br />

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

Compliance and Environmental and Natural Resource<br />

Matters” - Scott Morrill (5/5/11);<br />

“Scientific Evidence Issues in Environmental<br />

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

Law Citizen Suit Update” - Tom Lindley and Professor<br />

Craig Johnston (4/6/11); “The 2011 <strong>State</strong> Legislature<br />

- Outlook for Sustainability” (co-sponsored with<br />

<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> Sustainable Futures Section) -<br />

Senator Jackie Dingfelder and Representative Chris<br />

Garrett (1/26/11).<br />

We qualify our Brownbags for continuing legal<br />

education credit from the <strong>Bar</strong>.<br />

Annual CLE: The Section put on its annual CLE<br />

for the second year at McMenamin’s Edgefield<br />

Manor in Troutdale as an update on natural resource<br />

and environmental law. The Section reduced the<br />

registration fee to make it more affordable to solo<br />

practitioners and new lawyers.<br />

Budget:<br />

The Section looks to be ending 2011 with a<br />

budget surplus in the vicinity of $12,500. The plan<br />

for the 2012 budget is to allocate financial resources<br />

so as to reduce the surplus by year’s end.<br />

Matters considered/Matters pending:<br />

Matters within the activities described above were<br />

considered by the executive committee as reflected<br />

in the minutes.<br />

23


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Recommendations for 2012:<br />

In 2012, the Section intends to continue to<br />

implement its mission of provide Section members<br />

an opportunity to develop and improve skills in<br />

environmental and natural resource law, provide a<br />

forum for communication and action in matters of<br />

common interest, and foster professionalism through<br />

a broad variety of activities.<br />

Respectfully submitted: Jas Jeffrey Adams (CH),<br />

Hong N. Huynh (CH-Elect), David Ashton (Past CH),<br />

Laura Maffei (TR), John H. Marsh (SEC), Rachel L.<br />

<strong>Bar</strong>ton-Russell, Regina Marie Cutler, Pamela Hardy,<br />

Nathan A. Karman, Brett V. Kenney, Erin C. Madden,<br />

Karen L. Moynahan, E Susan O’Toole, Patrick G.<br />

Rowe, Kimberlee A. Stafford, Dustin Trowbridge Till,<br />

Sarah A. Winter Whelan, Michael E. Haglund (BC),<br />

Scott A. Morrill (BL).<br />

Estate Planning & Administration<br />

Section<br />

Activities and accomplishments:<br />

The Section sponsored three CLE programs in<br />

2011, as follows:<br />

On June 10, 2011 the Section co‐sponsored a<br />

program entitled “Special Needs Trusts,” with the<br />

Elder Law Section.<br />

On June 24, 2011, the Section sponsored the<br />

program entitled “Advanced Estate Planning.”<br />

On November 18, 2011, the Section sponsored the<br />

program entitled “Administering the Basic Estate and<br />

Trust.”<br />

The Section published four issues of its newsletter<br />

that was distributed electronically to all members of<br />

the Section and is available to Section members on<br />

the Section website. The Section continues to solicit<br />

topics and writers for newsletter articles. Sheryl<br />

McConnell became the new editor of the newsletter<br />

in 2011 and the Section Executive Committee<br />

approved an Editorial Services Agreement for her.<br />

The Section received a request from the ABA<br />

Young Lawyers Division that was working on a<br />

“Manual for Attorney to Assist Disaster Victims.” The<br />

Section provided assistance in reviewing the chapter<br />

of the manual related to estate planning.<br />

The Section also reviewed the need for obtaining<br />

ethics guidance from the <strong>Bar</strong> related to elective share<br />

issues and advising married couples on gifting and<br />

estate planning.<br />

Budget:<br />

The Section had an ending fund balance of<br />

$12,694 as of December 31, 2010. For the year<br />

to date through November 30, 2011, the Section<br />

had total revenue of $24,220, and total expenses<br />

of $24,441, resulting in an ending fund balance of<br />

$12,474 on November 30, 2011. The Section decided<br />

not to change its membership dues this year.<br />

Legislative issues:<br />

The Section sponsored three bills in the <strong>Oregon</strong><br />

legislature during the past legislative session. All<br />

three bills were passed and signed into law, as<br />

follows:<br />

SB385 – Modifies laws related to elective share of<br />

surviving spouse.<br />

SB386 – Provides that property acquired by<br />

gift and separately held by one party is not subject<br />

to presumption of equal contribution in domestic<br />

relations proceeding.<br />

SB387 – Revises Uniform Principal and Income<br />

Act. Clarifies that individual retirement account or<br />

similar retirement plan held by trust established for<br />

a surviving spouse’s benefit qualifies for federal<br />

estate tax marital deduction. Provides formula for<br />

calculating amounts the trust must distribute to<br />

beneficiaries, and amounts the trust may use to pay<br />

taxes, when trust is required to pay taxes on entity in<br />

which trust holds interest.<br />

The Section also monitored or contributed to<br />

other legislation affecting estate planning, including<br />

the following:<br />

HB2541 – Revised <strong>Oregon</strong> inheritance tax law.<br />

HB2683 – Establishes procedure for requesting<br />

confidential information in protective proceeding.<br />

HB2684 – Modifies calculation of elective share<br />

of surviving spouse as it relates to Special Needs<br />

Trusts.<br />

HB3269 – Uniform Partition of Heirs Property Act.<br />

SB815 – Authorizes owner of real property to use<br />

transfer on death deed to pass real property outside<br />

of probate at owner’s death.<br />

SB414 – Small Estate Affidavit provisions for<br />

access to safe deposit boxes.<br />

24


2011 Committee and Section Annual Reports<br />

Matters considered/Matters pending:<br />

The Executive Committee continues its<br />

consideration of obtaining ethics guidance on the<br />

issue of potential conflicts between husband and<br />

wife in their joint estate planning as it relates to<br />

elective share rules.<br />

The Section will continue to pursue development<br />

of legislative proposals relating to non‐intervention<br />

probate, and it is intended that a work group will be<br />

formed to develop that legislation. It is hoped that<br />

the work group will include probate judges.<br />

The Section continues to solicit suggestions for<br />

changes to the <strong>Oregon</strong> Uniform Trust Code (“OUTC”)<br />

for the purpose of developing legislation that will<br />

provide clarification and address areas of concern<br />

under the current OUTC.<br />

The Section should continue its consideration of<br />

developing legislation concerning the accessibility<br />

of a decedent’s digital information and digital assets<br />

and the authority of fiduciaries relating to those<br />

assets.<br />

Respectfully submitted: Eric H. Vetterlein (CH),<br />

D Charles Mauritz (CH-Elect), Susan N. Gary (Past<br />

CH), Marsha Murray-Lusby (TR), Jeffrey M. Cheyne<br />

(SEC), Amy E. Bilyeu, Eric R. Foster, Janice E. Hatton,<br />

Amelia E. Heath, Melanie E. Marmion, Jeffrey G.<br />

Moore, Timothy O’Rourke, Ian T. Richardson, Erik S.<br />

Schimmelbusch, Kenneth Sherman, Margaret Vining,<br />

Matthew Whitman, Holly N. Mitchell (ADV), Bernard<br />

F. Vail (ADV), Michelle Castano Garcia (BC), Matthew<br />

Shields (BL).<br />

Family Law Section<br />

Activities and accomplishments:<br />

The Family Law Section continues to be very<br />

well regarded throughout the <strong>State</strong> of <strong>Oregon</strong>. Our<br />

member for 2011 is 1100.<br />

The Annual Meeting and CLE Conference at<br />

Salishan Lodge had at least 380 in attendance and<br />

was well conducted.<br />

Budget:<br />

The Section continues to be in a strong financial<br />

position as a result of membership dues and the<br />

annual conference. Our section dues are still at<br />

$25.00 per member and we have another surplus to<br />

our budget going into 2012.<br />

Legislative issues:<br />

The Section was very busy with this legislative<br />

session where all our bills passed and signed<br />

into law. Currently the subcommittee is gathering<br />

proposals and concepts for the 2013 session.<br />

Child Support Guidelines Advisory Committee<br />

Members of the section are members of this<br />

committee and work with the committee to make<br />

sure the representative interests of our members is<br />

included in the dialogue.<br />

Any other comments:<br />

The Family Law Section worked on updating the<br />

Family Law Website.<br />

During our session we had a request to do an<br />

Amicus Brief on Underwood v Mallory Appellate<br />

Case A144622. We did not reach a consensus given<br />

the broad range of views on the issue presented.<br />

Our section did form a subcommittee to determine<br />

consensus and write the brief is such a consensus<br />

was reached.<br />

The Section started a Professionalism Award and<br />

the first recipient was Ronald Hergert. His family<br />

attended the conference to receive the award just<br />

days before he passed away.<br />

Respectfully submitted: Anthony H B Wilson (CH),<br />

Laura B. Rufolo (CH-Elect), Richard William Funk<br />

(Past CH), Marcia Buckley (TR), Kristen Sager-Kottre<br />

(SEC), Sean E. Armstrong, Jacy F. Arnold, Debra<br />

Dority, Christopher J. Eggert, Laura Graser, Andrew<br />

D. Ivers, Grace Y. Lee, M Scott Leibenguth, Gregory<br />

P. Oliveros, Linda Reed Haase, Lauren Saucy, Tom<br />

Kranovich (BC), Susan Evans Grabe (BL).<br />

Government Law Section<br />

Activities and accomplishments:<br />

The Executive Committee planned two CLEs in<br />

2011 :<br />

The section’s annual mid-year CLE was held in<br />

February 2011 at Salishan Spa and Golf Resort.<br />

Notwithstanding the severe inclement weather<br />

that week, which precluded some people from<br />

traveling to the coast, the CLE was well-attended<br />

and well-received. The executive committee also<br />

obtained sponsorships to hold a hosted social hour<br />

at the conclusion of the CLE. The social was wellattended<br />

and provided an opportunity for public law<br />

25


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

practitioners to socialize in a relaxed, collegial setting.<br />

The section co-sponsored a fall CLE with the<br />

<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> in October 2011. Hon. Adrienne<br />

Nelson from the Multnomah County Circuit Court<br />

was the lunch speaker. At the conclusion of the CLE,<br />

section members adjourned to nearby Claim Jumper<br />

to enjoy appetizers and a non-hosted social hour.<br />

Both the CLE and the social hour were well-received.<br />

The committee also continued to send out<br />

periodic email updates and alerts to section<br />

members on legal developments and topics of<br />

interest to public law practitioners.<br />

Finally, the executive committee voted at the<br />

October 2011 meeting to extend up to 25 free<br />

section memberships to new OSB admittees who<br />

are (a) unemployed, and (b) have a sincere desire to<br />

practice government law. As of December 2011, five<br />

new admittees have requested the opportunity to<br />

join the government law section.<br />

Matters considered/Matters pending:<br />

The matter pending before the committee is the<br />

finalization of arrangements for the February 24,<br />

2012 CLE and social. That event will again be held<br />

at Salishan Spa and Golf Resort. Alan Rappleyea is<br />

chairing the subcommittee planning that event.<br />

Recommendations for 2012:<br />

For the past several years, the executive<br />

committee has extended for each of its CLEs a small,<br />

limited number of fee waivers/scholarships for public<br />

employees of public agencies that have reduced or<br />

eliminated CLE or training budgets and therefore<br />

cannot fund the CLE fees of section member(s) who<br />

wish to attend. This program has been helpful to<br />

section members employed by agencies that have<br />

been negatively affected by the current economic<br />

downturn. Future executive committees may wish to<br />

continue this program until the economy stabilizes.<br />

Respectfully submitted: Lisa M. Umscheid (CH),<br />

Sharman Meiners (CH-Elect), Christy K. Monson (Past<br />

Ch), William K. Kabeiseman (TR), Sarah E. Hanson<br />

(SEC), Alison Kean Campbell, Laurie E. Craghead,<br />

Virginia L. Gustafson, Stephanie M. Harper, John<br />

Robert Huttl, Kimberly Anne Medford, Diana L.<br />

Moffat, Alan Andrew Rappleyea, Kathryn A. Short,<br />

Jenifer S. Billman (BC), Denise Cline (BL).<br />

Health Law Section<br />

Activities and accomplishments:<br />

The Health Law Section and the <strong>Oregon</strong> Health<br />

Lawyers Association once again joined forces this<br />

year to provide an annual CLE. This year’s CLE<br />

focused on healthcare fraud and abuse and <strong>Oregon</strong><br />

legislative issues. It also included an update on the<br />

legal challenge to the federal Patient Protection and<br />

Affordable Care Act.<br />

In addition to the annual CLE, the section<br />

sponsored five one hour, lunch-time CLE<br />

opportunities. Topics included the Health<br />

Professionals Service Program, Accountable Care<br />

Organizations, Mid-Session Legislative Update, the<br />

<strong>Oregon</strong> Health Information Exchange, and Medicaid<br />

Recovery Audits. In addition to providing valuable<br />

information, these less-formal CLEs provided a<br />

chance for our members to socialize and strengthen<br />

their professional ties within the section.<br />

The Section has continued our outreach to the<br />

law schools and was able to present at all three<br />

<strong>Oregon</strong> law schools this year. Each school had a<br />

panel of attorneys from the Section who provided<br />

their individual experiences on practicing healthcare<br />

law in <strong>Oregon</strong>. In addition, the Section offered a<br />

special, discounted annual CLE registration fee to law<br />

students, enabling several of them to join us at the<br />

event.<br />

After several years of continuous effort, the Health<br />

Law Manual project is finally reaching completion.<br />

We were able to get all sections to the bar<br />

publications department for editing and publication.<br />

The bar editors have indicated that we are on track<br />

for publication in early 2012.<br />

The Executive Committee has continued to work<br />

on updating and enhancing the Section website and<br />

providing additional information to our members via<br />

the web. In addition, we have continued to utilize<br />

the list-serve provided by the bar for communication<br />

among our members.<br />

The Administrative Law Section approached the<br />

Health Law Section this year about helping with a<br />

project to get agency orders included in Fastcase.<br />

After reviewing the project, the Executive Committee<br />

agreed to provide financial assistance and has a<br />

member serving on the committee overseeing the<br />

implementation of the project. We have tentatively<br />

budgeted on-going support for the project, but are<br />

closely monitoring the project to see if it provides a<br />

26


2011 Committee and Section Annual Reports<br />

value to our members.<br />

Budget:<br />

We are estimating an ending balance of $21,354<br />

for 2011. For 2012 we have budgeted to continue<br />

the support for the Fastcase project as well and<br />

budgeted to bring a speaker to the annual CLE. We<br />

are estimating a slight increase in membership and<br />

an ending of $11,229 for 2012.<br />

Legislative issues:<br />

<strong>Oregon</strong>, and the country for that matter, is in a<br />

time of major healthcare reform. The Section has<br />

continued to monitor the situation but has chosen<br />

not to actively endorse or suggest legislation at this<br />

time.<br />

Matters considered/Matters pending:<br />

As noted above, the Health Law Manual<br />

publication has not been finalized. We continue<br />

to monitor this. We are also actively watching the<br />

Fastcase project and working on its implementation.<br />

Recommendations for 2012:<br />

The Executive Committee has already begun<br />

planning for the Annual CLE and intends to continue<br />

the brown bag seminars. In addition, we are<br />

recommending less formal meetings with members<br />

to discuss current healthcare topics. Planning for<br />

such meetings is underway.<br />

In 2012, the Committee will need to continue to<br />

press for completion of the Health Care Manual and<br />

work with the Administrative Law Section on the<br />

inclusion of agency orders in Fastcase. The current<br />

Committee is placing additional financial assistance<br />

in the budget but recommends approval only after<br />

evaluation of the progress of the project. We plan<br />

to continue the Law Student Outreach with all three<br />

<strong>Oregon</strong> law schools and to work on ways to add<br />

further content to the Health Law Section Website.<br />

Respectfully submitted: Kelly Knivila (CH), Brian<br />

M. Parrott (CH-Elect), Peter D. Ricoy (Past CH),<br />

Rachel Anne Wood Arnold (TR), Amy Vandenbroucke<br />

(SEC), Karen Ann Berkowitz, Gary Thomas Bruce,<br />

Stephen Christopher Bush, Gwen M. Dayton, Linda<br />

DeVries Grimms, Molly Burns Herrmann, Robert C.<br />

Joondeph, Shannon K. O’Fallon, Nicola Yeats Pinson,<br />

Lauren Rhoades, Leigh Jennifer Rubinstein, Jaclyn K.<br />

Semple, <strong>Bar</strong>bara M. DiIaconi (BC), Dustin Dopps (BL).<br />

Indian Law Section<br />

Activities and accomplishments:<br />

The ILS had a number of significant<br />

accomplishments in 2011, summarized as follows:<br />

Conferences: ILS did not solely host or sponsor<br />

a CLE this year, however many Section members<br />

attended the annual meeting of the National<br />

Congress of American Indians, 68th annual<br />

convention. This was held in Portland <strong>Oregon</strong> for<br />

the first time in many decades. This took place the<br />

last week of October through November 4th 2011.<br />

In addition, the ILS sponsored in part and promoted<br />

an Indian Law symposium in April 2011 at Lewis and<br />

Clark Law School.<br />

Special Meetings: The Section sponsored a Native<br />

Professionals Night that also served to promote and<br />

sponsor funds for NAYA. This event was held at Ater<br />

Wynne, LLP law firm on October 5, 2011. This event<br />

advanced the efforts of the Section to assist Native<br />

professionals and NAYA. The Section also engaged<br />

in outreach with the Diversity Section of the <strong>Bar</strong>,<br />

and appointed a liaison from the ILS to the Diversity<br />

Section.<br />

Newsletter and Web Publications: The ILS<br />

continued to post information of interest to<br />

the Section on the ILS website, including job<br />

opportunities in Indian Law, events and conferences<br />

concerning Indian Law and tribal activities. The use<br />

of the Section website has increased each year,<br />

including through 2011. The ILS also saw increased<br />

use and communication efficiency in the Section<br />

listserve in 2011 from prior years.<br />

Activities in Indian Country: The Section assisted<br />

the <strong>Bar</strong> in providing updated information for the<br />

<strong>Bar</strong>’s Tribal Court Directory. In addition, through<br />

the assistance of the ILS EC member affiliated with<br />

NAPOLS, the Section worked for the development of<br />

a directory of attorneys and non-attorneys practicing<br />

in the tribal courts in <strong>Oregon</strong>. This directory is<br />

intended to be shared with the ILS and the <strong>Bar</strong>. The<br />

Section debated a proposal for an outreach letter to<br />

<strong>Oregon</strong> tribes and tribal organizations but tabled this<br />

issue for further debate in 2012.<br />

Budget:<br />

The Section adopted a budget for 2012 of $7,040.<br />

Included in the budget is $500 for a Campaign for<br />

Equal Justice contribution, $1,000 for a general<br />

contribution, $1,040 for <strong>Bar</strong> support assessments,<br />

27


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

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

Legislative issues:<br />

While the ILS discussed potential legislative<br />

proposals, it chose not to propose legislation for<br />

consideration in the 2012 Session. However, the<br />

Section, through its legislative liaison, monitored<br />

and advised the Section on the Kurtz legislation in<br />

the <strong>Oregon</strong> legislature, relating to law enforcement<br />

jurisdiction in Indian Country.<br />

Matters considered/Matters pending:<br />

ILS is currently voting on two end-of-year<br />

contributions to <strong>Oregon</strong>-based Native youth<br />

organizations.<br />

Recommendations for 2012:<br />

ILS needs to increase discussion on creative<br />

methods with which a largely-Portland-centered<br />

section membership could conduct more effective<br />

outreach with the Section members and Indian tribes<br />

located outside of the Portland-metro area.<br />

2012 Executive Committee<br />

Officers: Chair: M. Brent Leonard, Chair-Elect:<br />

Stephen P. Kelly, Treasurer: Michael J. Grieser,<br />

Secretary: Jenifer Biesak, Past Chair: David D. Shaw<br />

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

Jennifer A. Amiott, Craig J. Dorsay, Lauren Lester,<br />

Douglas C. MacCourt, Stephanie Striffler<br />

Existing Members-at-Large – Terms Ending<br />

12/31/12: Lee Shannon (replacement for resignation<br />

of Lisa Jean Bluelake), Melissa M. Robertson, Starla<br />

K. Roels, John M. Schultz, Carl V. Ullman<br />

Respectfully submitted: David D. Shaw (CH), M.<br />

Brent Leonhard (CH-Elect), Douglas C. MacCourt<br />

(Past CH), Stephen P. Kelly (TR), Jennifer Biesack<br />

(SEC), Jennifer A. Amiott, Lisa Jean Bluelake, Craig<br />

J. Dorsay, Michael J. Grieser, Brent H. Hall, Melissa<br />

Masat Robertson, Starla K. Roels, John M. Schultz,<br />

Lee Kevin Shannon, Carl V. Ullman, Audrey T.<br />

Matsumonji (BC), Michelle Lane (BL).<br />

Intellectual Property Section<br />

Activities and accomplishments:<br />

We conducted our annual “IP Year in Review” CLE<br />

on January 21, 2011. We also continued our monthly<br />

“Brown Bag” lunch CLE’s at “The Cleaners” facility at<br />

the Ace Hotel.<br />

Our biggest event/accomplishment was the<br />

Annual Meeting, for which we co-organized a variety<br />

of significant events in conjunction with the visit<br />

to <strong>Oregon</strong> by the Federal Circuit Court of Appeals.<br />

The events included two dinners; two CLE’s; and a<br />

cocktail reception.<br />

We also continued with our ongoing, periodic<br />

“happy hour” social events for the Section.<br />

We also co-sponsored and co-organized an event<br />

with Lewis & Clark Law School, namely, a luncheon<br />

and CLE with Mary Beth Peters, former Register of<br />

Copyrights for the United <strong>State</strong>s.<br />

Budget:<br />

The Section remained “on budget” throughout<br />

the year in accordance with the 2011 budget that<br />

was prepared at the end of 2010. In fact, due to the<br />

overwhelming success of the Annual Meeting events<br />

noted above, the Section will end up significantly<br />

“over budget” for the year as a result of significant,<br />

unanticipated registration and sponsorship income<br />

from those events. The extra income is an anomaly,<br />

and we did not budget for similar revenue in advance<br />

of 2012.<br />

Matters considered/Matters pending:<br />

The Section has approved an agreement with The<br />

Cleaners to continue the Brown Bag series, and the<br />

2012 IP Annual Review is scheduled. We anticipate<br />

ongoing happy hour events in 2012, and there will be<br />

an Annual Meeting CLE.<br />

Respectfully submitted: Michael Heilbronner (CH),<br />

Michelle C. Craig (Past CH), Timothy S. DeJong (TR),<br />

Karen Wetherell (SEC), David Stanley Aman, <strong>Bar</strong>tley<br />

F. Day, Thomas L. Evans, Allen Field, Kevin M. Hayes,<br />

Amanda L. Mayhew, Ambyr M. O’Donnell, David C.<br />

Ripma, Thomas J. Romano, John D. Russell, Thomas<br />

E. Vesbit, Devon Zastrow Newman, Maureen Claire<br />

O’Connor (BC), Dustin Dopps (BL).<br />

Juvenile Law Section<br />

Activities and accomplishments:<br />

Annual CLE<br />

We planned and co-sponsored the February<br />

CLE, “Permanency Hearings” at the World Forestry<br />

Center. Jamie Troy moderated the very well attended<br />

seminar. Key speakers included Lois Ann Day from<br />

DHS, Judges Michael Livingston, Judge Maureen<br />

McKnight and psychologist, Dr. Daniel Rybicki. This<br />

28


2011 Committee and Section Annual Reports<br />

seminar covered topics surrounding permanency<br />

hearings, evidence, communicating with children,<br />

preparing for the permanency hearing, appellate<br />

issues, and reviewing psychological evaluations.<br />

The Section issued awards to certain practitioners,<br />

voted by their peers for special recognition in areas of<br />

professionalism, advocacy and special projects. The<br />

Section will continue this award ceremony annually<br />

to specially recognize outstanding practitioners. Last<br />

year, Greg Karpstein & Janie Burcart received the<br />

Professionalism Award, and advocacy awards were<br />

issued to both Adam Peterson and Sarah Robbins.<br />

The Section provided scholarships to this CLE for<br />

students from each of the three law schools in the<br />

<strong>State</strong>.<br />

The Section also is finalizing the planning for<br />

the upcoming Feb 10, 2012 CLE. It will be entitled<br />

Beyond the Codebook: Ethics, Appellate Law and<br />

ICWA. We have secured Judge William Thorne, Jr. to<br />

speak about ICWA. Judge Thorne sits on the Utah<br />

Court of Appeals. He is also a Native American and<br />

nationally recognized speaker on the topic of ICWA.<br />

Two experienced appellate lawyers, Shannon Flowers<br />

and Inge Wells, will present the appellate update.<br />

Peter Jarvis, a partner from Hinshaw & Culbertson,<br />

will speak about certain ethical issues that continue<br />

to occur during juvenile dependency representation.<br />

We also have nominations for awards to be<br />

presented. The Committee will finalize its selection of<br />

these candidates in our December 10, 2011 meeting.<br />

Website<br />

The Juvenile Law Section has changed the<br />

website format and appearance this year. We intend<br />

to include appellate updates, although that has not<br />

yet been implemented. Aside from that, we intend<br />

to build on our website in the future to include more<br />

information and links that practitioners will find<br />

useful. Our website is continuing to be a work in<br />

progress.<br />

Membership<br />

The Committee has continued its efforts to<br />

increase members and has maintained the practice<br />

of offering free memberships to judges and those 50-<br />

year members of the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>. In addition,<br />

the Committee has offered free 2011 membership<br />

for 2011 bar admittees. Our section voted to allow<br />

two law students from each law school to attend the<br />

upcoming CLE for free, and we also voted to pay for<br />

their lunches. Although we are bearing this expense,<br />

we believe this gesture is conducive to increased<br />

enrollment.<br />

Budget:<br />

We are now reaping the benefits of keeping our<br />

budget pretty lean for the last couple of years. We<br />

should end the year with a balance of approximately<br />

$9,000. We submitted our 2012 budget to the bar<br />

previously. We expect to operate within the budget<br />

for 2012, with a surplus carrying over to 2013.<br />

Legislative issues:<br />

The Section discussed pending legislation on<br />

juvenile matters. Due to the diversity of members<br />

from the Section (DOJs, DAs, Defense Attorneys),<br />

the Section elected not to make any formal<br />

recommendations to any legislative matters. There<br />

obviously would be disagreement between Section<br />

members as to their respective positions on certain<br />

legislation. Our Section has two members that report<br />

on legislative issues at each meeting, so we are<br />

collectively informed about certain laws effecting<br />

juvenile law.<br />

Matt Shields from the OSB Public Affairs Dept.<br />

paid our Section a visit at our October 8, 2011<br />

meeting. He informed the Section about how to<br />

make suggestions for any bills for the next session.<br />

Matters considered/Matters pending:<br />

Executive Committee members have continued as<br />

liaisons for the Family Law, Criminal Law, and Indian<br />

Law sections.<br />

Formal subcommittees for CLE, website,<br />

membership & awards were formed working<br />

between Executive Committee meetings. Seven<br />

Executive Committee meetings were scheduled for<br />

2011.<br />

During this year, member attendance at meetings<br />

was not at it’s best, so many issues were discussed<br />

and resolved via e-mails. Also, the Secretary left the<br />

Section mid-year, which resulted in some chaos<br />

regarding the minutes. Ultimately, that was resolved<br />

and another member volunteered to take over that<br />

position.<br />

We had 6 openings for positions within our<br />

Committee. Two of those were filled by unanimous<br />

vote of the Committee (Professor Leslie Harris and<br />

Deputy DA, Carrie Rasmussen). Presently, there are<br />

4 positions open. The Chair of our Membership<br />

Committee sent an e-mail to all juvenile practitioners<br />

29


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

statewide seeking candidates. We had 10 responses<br />

and our Committee will be voting on those folks at<br />

our December 10 th meeting. Presently, we believe<br />

our Committee is comprised of active juvenile law<br />

practitioners around the state, balanced between<br />

defense and <strong>State</strong> attorneys. We also have a juvenile<br />

judge, two active ICWA members and one appellate<br />

lawyer. The candidates for section membership<br />

all have excellent reputations and are sincerely<br />

interested in juvenile law matters.<br />

Annual Meeting<br />

The Section Annual Business Meeting was<br />

originally scheduled for Saturday, October 8, 2011.<br />

However, due to a lack of quorum, some issues had<br />

to be voted on via e-mail. Our 2012 slate was voted<br />

on an approved as well as an issue for the upcoming<br />

CLE.<br />

Respectfully submitted: Christine Kantas Herbert<br />

(CH), Shannon L. Flowers (CH-Elect), Cathy M.<br />

Ouellette (Past CH), Sheri Thonstad (TR), Kathleen<br />

Payne (SEC), Peter D. Ellingson, Honorable James<br />

Lee Fun, Leslie J. Harris, Whitney Hill, Maren E.<br />

Lundgren, Amy Saeger Miller, Shannon N. Penner, J<br />

Adam Peterson, Carrie Elaine Rasmussen, Judith L.<br />

Swanson, Robin J. Wright, Jenifer S. Billman (BC),<br />

Michelle Lane (BL).<br />

Labor and Employment Section<br />

Activities and accomplishments:<br />

The Section held its annual conference on<br />

September 23 and 24, 2011 in Sun River, <strong>Oregon</strong>.<br />

There were approximately 60 attendees, 23 of which<br />

were speakers. The program was one of the most<br />

diverse programs in recent years both in terms of<br />

topic selection and speakers. The program content<br />

covered issues of ethics, mediation, professionalism,<br />

mentoring, case law and legislative updates, and<br />

break out sessions for employment and labor<br />

law practitioners. With the generous sponsorship<br />

donations by multiple law firms, attendees enjoyed a<br />

hosted cocktail hour / social networking opportunity<br />

on Friday with live Jazz music, as well as a full<br />

breakfast and lunch on Saturday. The Section<br />

received very positive feedback from attendees.<br />

In 2010 the Section authorized the creation of a<br />

website for the Section, although it did not get off<br />

the ground this year. Committee members will try to<br />

get the site running in 2012. This website will serve<br />

the membership through incorporation of a listserv,<br />

recent developments and job board, if possible. The<br />

challenge with the website identified by Section<br />

members is the time and content needed to keep the<br />

website fresh and helpful to the members.<br />

Budget:<br />

The Section evaluated a couple of line item entries<br />

this year at the suggestion of the Treasurer and<br />

ultimately determined to keep contribution levels and<br />

line items estimates basically the same for budget<br />

purposes only. The Section will consider how to<br />

distribute the funds allotted for contributions in early<br />

2012. The amount allotted for meeting meals was<br />

also increased to reflect more realistic estimates of<br />

costs given the size of the committee. As expected,<br />

the annual conference in Sun River failed to yield the<br />

revenue generally received at the Portland event, but<br />

the available fund balance remains strong and viable<br />

for 2012. Finally, the Section considered increasing<br />

member dues for 2012 and voted to keep the fee the<br />

same as in previous years.<br />

Recommendations for 2012:<br />

The section is planning on having its annual<br />

meeting in Portland in late September / early<br />

October 2012. The section would also like to<br />

continue its breakfast briefing series with at least<br />

three briefings in the Portland area and possibly a<br />

lunch or afternoon event. The Section would like to<br />

consider again its mission and re-evaluate how our<br />

activities and contributions are working to serve<br />

that mission. The Section would also like to explore<br />

more opportunities to co-sponsor events with other<br />

sections.<br />

Respectfully submitted: Jennifer L. Bouman (CH),<br />

Scott N. Hunt (CH-Elect), Thomas K. Doyle (Past CH),<br />

Norman D. Malbin (TR), Brenda K. Baumgart (SEC),<br />

<strong>Bar</strong>bara J. Diamond, Henry H. Drummonds, Paul B.<br />

Gamson, Paul M. Ostroff, Susan L. Stoner, Nathan<br />

Schwartz Sykes, Katherine C. Tank, Jason Michael<br />

Weyand, Richard R. Meneghello, Julia Williams,<br />

Hunter B. Emerick (BC), Christine Kennedy (BL).<br />

Products Liability Section<br />

Activities and accomplishments:<br />

Newsletter<br />

Andy Lee served as newsletter editor this year.<br />

Two newsletters were published. As Mr. Lee will<br />

continue to serve as treasurer for 2012, a new editor<br />

30


2011 Committee and Section Annual Reports<br />

will be recruited from the committee, with a goal of<br />

three newsletters during the calendar year 2012.<br />

Publication Contest<br />

In February, after more than a year of work to<br />

generate interest in a publication contest for law<br />

students, the committee decided to discontinue the<br />

program due to apparent lack of interest on the part<br />

of students. Only two papers were submitted, neither<br />

of which were deserving of the prize, in the opinion<br />

of the screening subcommittee.<br />

CLE<br />

A CLE program was held in October, and judged<br />

a success by the committee. Thanks to accumulated<br />

funds in our account, the CLE subcommittee<br />

was able to secure a prominent Washington, D.C.<br />

attorney, Robert Peck, to speak on the subject of<br />

punitive damages. The program was well-attended<br />

and reviews were positive.<br />

Happenings of Interest<br />

To take the place of the publication contest, which<br />

was intended to be an outreach to law students,<br />

the committee undertook a new program to send<br />

lawyers from the committee to the law schools for an<br />

“informal CLE.” The idea was that two lawyers with<br />

experience in product liability litigation would attend<br />

an afternoon social, with refreshments provided by<br />

the committee, giving interested students a chance<br />

to ask questions and learn more about how product<br />

liability legal principles play out in actual practice.<br />

Events were held at Willamette and Lewis and Clark,<br />

and were well-received. More are planned for 2012.<br />

Nominating Committee and Annual Meeting<br />

The nominating subcommittee submitted a slate<br />

of attorneys to fill the open at-large positions and<br />

to serve as officers for next year. The slate is evenly<br />

balanced to provide practitioners from both sides<br />

of the bar. The 2011 Annual business meeting,<br />

including election of officers and at-large members,<br />

is scheduled to be held electronically on Thursday,<br />

December 8, 2011.<br />

Budget:<br />

The section’s account balance as of October<br />

31 st stood at approximately $6,867. The balance is<br />

somewhat higher than anticipated in part because no<br />

publication contest prize was awarded. On the other<br />

hand, due to our continuing surplus, the committee<br />

approved additional expenditure to attract a national<br />

speaker for the CLE. The Executive Committee<br />

understands that maintaining a substantial balance is<br />

not necessarily desired, and again plans to use funds<br />

to promote the section’s mission with a national<br />

speaker for next year’s CLE.<br />

A proposed annual budget for 2012 was approved<br />

by the committee and has been submitted to the <strong>Bar</strong>.<br />

No dues increase was proposed for 2012.<br />

Recommendations for 2012:<br />

Membership in the section is down slightly. The<br />

committee plans to undertake a study to determine<br />

whether steps should be taken to increase the<br />

membership.<br />

The section continues to carry a substantial<br />

surplus in its account. As noted above, the<br />

committee plans to spend down some of the funds<br />

to retain a national speaker again for the 2012 CLE.<br />

While this takes care of the surplus, the CLE does<br />

not pay for itself and there are not sufficient funds<br />

coming in from dues alone to maintain this practice.<br />

The committee will need to address whether to<br />

increase membership and/or dues, and also look for<br />

other ways to defray the cost of the CLE, if we intend<br />

to continue to offer out-of-state speakers.<br />

For the legislative session in 2012, the committee<br />

will meet in January to consider possible changes<br />

to propose through the OSB Public Affairs Office.<br />

No particular areas of concern were raised in the<br />

committee in 2011; however, input on proposed<br />

legislation is an appropriate function for the section<br />

where general consensus exists.<br />

Respectfully submitted: Todd Bradley (CH),<br />

Deanna L. Wray (CH-Elect), David Casby Rocker<br />

(Past CH), Andrew Lee (TR), Leslie W. O’Leary (SEC),<br />

Patrick D. Angel, Jeffrey A. Bowersox, Brian Campf,<br />

Matthew K. Clarke, Travis Eiva, Scott F. Kocher, Scott<br />

C. Lucas, Steven D. Olson, Rachel A. Robinson, Evan<br />

M. Schechter, Stephen P. Yoshida, David Wade (BC),<br />

Camille Greene (BL).<br />

Real Estate and Land Use Section<br />

Activities and accomplishments:<br />

Summary – The Executive Committee and its<br />

subcommittees were active throughout the year.<br />

The Executive Committee met monthly except in<br />

the month of July. Subcommittees met as needed.<br />

Subcommittees consisted of Education, Real<br />

Property Legislation, and Land Use Legislation.<br />

Subcommittees reported regularly to the Executive<br />

Committee.<br />

31


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Education – Education is a primary goal of the<br />

section. The RELU Annual meeting seminar was held<br />

August 12 and 13 at The Riverhouse Conference<br />

Center in Bend. Registered attendance was about<br />

189 attendees (153 paid and 36 comps). At one<br />

point the estimated attendees was low, but late<br />

registrations brought the number of attendees up<br />

to 189, which is a still slightly below the average of<br />

about 200 attendees over the last few years. The<br />

Annual Meeting subcommittee, with assistance from<br />

Norma Freitas, was responsible for the meeting and<br />

continuing education programs presented, providing<br />

11.5 credits for those attending all of the sessions,<br />

including one ethics and on access to justice credit.<br />

The section also held a one-day CLE at OSB Center<br />

in Tigard on advanced topics of Real Estate and Land<br />

Use, co-sponsored with the OSB on November 16.<br />

In addition the section sponsored several lunch-hour<br />

continuing education programs in Portland that drew<br />

about 100 attendees.<br />

RELU Digest – The Real Estate and Land Use<br />

Digest continues to publish five or six times a year.<br />

At this writing in 2011, so far issues were published<br />

in January, April, June and August and one is due<br />

out in December. The digest began about 1978 and<br />

has consistently produced a high-quality publication<br />

primarily discussing <strong>Oregon</strong> case law. It is ably edited<br />

by Kathryn Beaumont and has a number of volunteer<br />

co-editors who write the reviews. The Digest is<br />

distributed electronically to all members unless<br />

requested otherwise and copies are sent to judges<br />

and law librarians. Publications are archived back to<br />

2000.<br />

RELU Website – The section website is<br />

periodically updated and the calendar increased to<br />

show other bar related activities that would be of<br />

interest to members of the section.<br />

RELU Listserve – The listserve continues to<br />

provide a useful communication tool for section<br />

members to exchange ideas and to post questions<br />

on legal issues. The Executive Committee appoints<br />

a list serve moderator, but the listserve is largely<br />

self-governing. It is one of the most beneficial and<br />

widely-used services provided by the Section to our<br />

members. Over a year’s time there were over 24,000<br />

visits by members, averaging about 2,000 visits per<br />

month, which is an increase of about 500 visits per<br />

month over last year.<br />

Membership and Volunteer Development –<br />

The Executive Committee continues to focus<br />

on membership development and attempts to<br />

encourage new and continuing section members to<br />

volunteer opportunities. New initiates to the <strong>Bar</strong> are<br />

offered a free membership for the balance of the<br />

year of swearing-in. Sign-up sheets are distributed at<br />

the annual meeting encouraging participation in the<br />

subcommittees.<br />

Budget:<br />

2011 revenues and expenditures will be generally<br />

within budget. Membership is slightly down<br />

probably due to the economy. Reserves remain at a<br />

reasonable level and are intended to cover the cost<br />

of our two major CLEs should there be a dramatic<br />

downturn in attendance or a cancellation.<br />

Legislative issues:<br />

Our section had only one bar-sponsored bill<br />

relating to land use for the legislative session in 2011<br />

although we tracked all bills relating to our section.<br />

Both subcommittees track all bills relating to real<br />

estate and land use. Normally there will by 200-300<br />

bills of that nature in a session.<br />

Recommendations for 2012:<br />

The section is recommended to continue planning<br />

for two major CLE sessions, one in combination<br />

with the Annual Meeting. Continuation of the Digest<br />

as a benefit to our members at no additional cost<br />

is expected. The Committee should continue to<br />

monitor related bills and receive reports from the<br />

subcommittees. The listserve should continue to be<br />

promoted and enjoy a high level of use. The website<br />

should continue to house pertinent information and<br />

increase it calendar of activities. Long-range planning<br />

should be developed more fully.<br />

Respectfully submitted: John C. Pinkstaff (CH),<br />

Christian E. Hearn (CH-Elect), Gregory L. Nelson<br />

(Past CH), Tod A. Bassham (TR), Jeffrey B. Litwak<br />

(SEC), Thomas E. Bahrman, Jennifer M. Bragar,<br />

Joshua A. Clark, Laurie E. Craghead, Liz Fancher,<br />

Patricia A. Ihnat, Dustin R. Klinger, Norma S. Freitas<br />

(ADV), Kenneth Mitchell-Phillips Sr. (BC), Michelle M.<br />

Peterson (BL).<br />

Securities Regulation Section<br />

Activities and accomplishments:<br />

Held seven Continuing Legal Education luncheons<br />

on securities regulation topics; obtained 0.5 MCLEapproved<br />

credits for each presentation. As of the<br />

32


2011 Committee and Section Annual Reports<br />

date of this report, MCLE approval has not yet<br />

been sought for the November and December<br />

presentations, but approval is expected to be granted<br />

upon application.<br />

Presentation to law students at Lewis & Clark Law<br />

School regarding the practice of securities law.<br />

Assisted in hosting Northwest Securities Institute<br />

in Portland, <strong>Oregon</strong> along with <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>,<br />

Washington <strong>State</strong> <strong>Bar</strong>, and the Idaho <strong>State</strong> <strong>Bar</strong>.<br />

Executive Committee Membership<br />

2011 Officers: Chair - Paul H. Trinchero, Garvey<br />

Schubert <strong>Bar</strong>er; Chair-Elect - Tanya A. Durkee, Lane<br />

Powell PC; Past Chair - David Matheson, Perkins Coie<br />

LLP; Treasurer - Jeffery Bird, Schwabe, Williamson &<br />

Wyatt P.C.; Secretary - Jacob Gill, Stoll Berne.<br />

2012 Officers (Elected at October 18, 2011 Annual<br />

Meeting): Chair - Tanya A. Durkee, Lane Powell PC;<br />

Chair-Elect - Jeffery Bird, Schwabe, Williamson &<br />

Wyatt P.C.; Past Chair - Paul H. Trinchero, Garvey<br />

Schubert <strong>Bar</strong>er; Treasurer - Jacob S. Gill, Stoll Berne;<br />

Secretary - Jason <strong>Bar</strong>ker, Holland & Knight, P.C.<br />

Committee Members Elected for Two-Year Terms<br />

at 2011 Annual Meeting: Nancy Chafin, Marco<br />

Materazzi, M Christopher Hall, Van Pounds, Alice<br />

Cuprill-Comas.<br />

Continuing Members Elected for One-Year Terms<br />

at 2011 Annual Meeting: Michael Esler, David Wang,<br />

Michael Taylor, Brad Daniels, Matthew Larson.<br />

Monthly Luncheons and Annual Meeting<br />

The Securities Regulation Section held monthly<br />

luncheons with CLE speakers in Portland, primarily<br />

at the Governor Hotel. A list of the monthly lunch<br />

speakers for 2011 and the dates and subjects of their<br />

presentations follows:<br />

2011 Luncheon Speakers<br />

February 4-5—Northwest Securities Institute – No<br />

lunch meeting<br />

March 16 – Michael Taylor (Holland & Knight)<br />

“First Round Venture Capital Financings”<br />

April 20 – Professor Meyer Eisenberg – “Insider<br />

Trading Returns—Bigger and Better than Ever!”<br />

June 15 – Jacob Gill (Stoll Berne) – “Pleading<br />

Standards under the PSLRA”<br />

July 20– Michael Esler (Esler, Stephens & Buckley)<br />

– “From Oranges to Bedpans: The Evolution of Real<br />

Estate Securities”<br />

September 21– Professor Jennifer Johnson –<br />

“Securities Class Actions in <strong>State</strong> Court”<br />

November 16 – Robert Banks—“FINRA: What It Is,<br />

What It Does, and What It Wants to Do”<br />

December 21 – Van Pounds (OR Division of<br />

Finance and Corporate Securities) --“From One to<br />

Zen: Securities Regulation Highlights from a DFCS<br />

Perspective.”<br />

2011 Annual Meeting Speaker<br />

The Securities Regulation Section held its Annual<br />

Meeting in Portland on October 18, 2011. Keynote<br />

speaker Wally Van Valkenberg (Stoel Rives) presented<br />

“<strong>Oregon</strong>: Open for Business.”<br />

Budget:<br />

The Section continues to enjoy a positive financial<br />

situation. As of October 31, 2011, the Section had a<br />

cash balance of $8,005, which has accrued over<br />

several years, and the cash flow from membership<br />

fees and other revenue sources was sufficient<br />

through the ten months ended October 31, 2011<br />

to cover expenses relating to luncheons and the<br />

Section’s other activities.<br />

In 2011, the Section again awarded a $500<br />

scholarship to the top securities law student at each<br />

of <strong>Oregon</strong>’s three law schools who was chosen by<br />

the professor who teaches securities regulation at<br />

the school. The Section also contributed $500 to the<br />

Campaign for Equal Justice.<br />

For 2012 the Section projects a continuing<br />

positive cash balance and expects to continue<br />

its monthly luncheons, its scholarships and<br />

contributions, and its sponsorship of and<br />

participation in the Northwest Securities Institute,<br />

which will be held in Seattle in February 2012.<br />

Any other comments:<br />

As of July 31, 2011, the Section had 240<br />

members.<br />

Tanya Durkee Urbach represented the Section on<br />

the planning committee for the Northwest Securities<br />

Institute program held in Portland, <strong>Oregon</strong> in<br />

February, 2011.<br />

Respectfully submitted: Paul H. Trinchero (CH),<br />

Tanya Durkee Urbach (CH-Elect), David S. Matheson<br />

(Past CH), A. Jeffery Bird (TR), Jacob S. Gill (SEC),<br />

Kevin C. Anselm, Jason Hartley <strong>Bar</strong>ker, Paul J.<br />

33


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

Blechmann, Michael J. Esler, Sara N. Gray, Justin R.<br />

Martin, Justin C. Sawyer, David C. Wang, Steve D.<br />

Larson (BC), Susan Roedl Cournoyer (BL).<br />

Sole and Small Firm Practitioners<br />

Section<br />

Activities and accomplishments:<br />

The Executive Committee held meetings on the<br />

first Saturday of each month throughout the year.<br />

Section members and their guests also attended<br />

monthly networking lunches at the Old Spaghetti<br />

Factory on the south waterfront in Portland<br />

The Listserv continues to be active and in addition<br />

to providing resources to members on substantive<br />

and procedural issues, it serves as the primary form<br />

of communication about section news, programs and<br />

upcoming events.<br />

The section website, found at www. ssfps.<br />

org, continues to develop into a dynamic practice<br />

management aid and marketing tool for section<br />

members. Plans are in place to further develop the<br />

lawyer profile pages of the website so that the public<br />

may be made better aware of the services offered by<br />

section members.<br />

The section sponsored numerous CLE events<br />

throughout the year, each addressing the specific<br />

challenges and interests of sole and small firm<br />

lawyers. The annual meeting CLE and luncheon<br />

surpassed attendance projections, included lively<br />

discussion about the proposed changes to the LRS<br />

revenue model and culminated with the election of<br />

a full slate of Executive Committee members. An<br />

afterhours networking event at Charles <strong>Bar</strong>lycorns<br />

was well attended.<br />

A tech and vendor fair is planned for the first part<br />

of 2012 and will feature two nationally recognized<br />

speakers. Planning is also underway for the first<br />

annual conference of <strong>Oregon</strong> sole and small firm<br />

practitioners, a two day event that is anticipated to<br />

take place in the fall of 2012.<br />

Budget:<br />

Minor revisions were made to the budget and<br />

dues will remain at $15.00.<br />

Legislative issues:<br />

We continue to be concerned about funding for<br />

the law libraries around the <strong>State</strong>. Our legislative<br />

coordinators for 2012 will be appointed at the final<br />

meeting of 2011.<br />

Matters considered/Matters pending:<br />

The Executive Committee continues to be<br />

committed to encouraging greater involvement of<br />

sole and small firm lawyers practicing outside of<br />

the Portland metro area. In addition, the Executive<br />

Committee established a SSFP Section membership<br />

third year law students who intend to enter sole or<br />

small firm practice upon graduation and will invite<br />

one third year law student from each <strong>Oregon</strong> law<br />

school to serve as an associate member of the<br />

executive committee.<br />

Recommendations for 2012:<br />

Continue to develop and encourage use of the<br />

section website and make greater efforts to solicit<br />

content contributions from the membership. Sponsor<br />

CLE and networking events outside the Portland<br />

metro area.<br />

Any other comments:<br />

We now have over 600 members, an all time high<br />

for SSFP Section membership.<br />

Respectfully submitted: Janice L. Hazel (CH),<br />

Myah Michelle Osher (CH-Elect), Kelly Michael Doyle<br />

(Past CH), Donna G. Goldian (TR), Joshua S. Williams<br />

(SEC), Russell D. Bevans, Erin Cecil-Levine, Michael<br />

L. Cooper, Vincent A. Deguc, David H. Madden, W.<br />

Scott Phinney, Gary Underwood Scharff, <strong>Bar</strong>bara<br />

Smythe, Tom Kranovich (BC), Rod Wegener (BL).<br />

Sustainable Future Section<br />

Activities and accomplishments:<br />

The Sustainable Future Section was created at<br />

the end of 2009. In 2010, the Executive Committee<br />

devoted considerable attention to organizational<br />

activity, including attracting members, adopting a<br />

mission statement, developing a web site, creating<br />

a newsletter, identifying program concepts, and<br />

establishing objectives and priorities. Building on<br />

this organizational activity, the Executive Committee<br />

was able to refine and vigorously pursue its primary<br />

objectives in 2011.<br />

In April, 2010, the Section began publishing its<br />

newsletter, The Long View, on a quarterly basis.<br />

During 2011, The Long View was published quarterly<br />

(with the fourth edition of the newsletter to be<br />

34


2011 Committee and Section Annual Reports<br />

published in December, 2011). The Long View<br />

has featured a variety of authors and a wide array<br />

of sustainability topics. Except for an initial paper<br />

edition, The Long View is distributed electronically to<br />

minimize paper use and reduce production expenses.<br />

The Long View is edited by Michelle Slater, who is<br />

assisted by an Editorial Board comprised of Executive<br />

Committee members.<br />

During 2011, the Section presented the following<br />

eight programs: (i) “2011 <strong>State</strong> Legislature--Outlook<br />

for Sustainability” (January 2011; brown bag lunch);<br />

(ii) “The Steady <strong>State</strong> Economy” (March 2011; brown<br />

bag lunch); (iii) “Environmental Marketing Claims:<br />

Changes Coming with the New FTC Green Guides”<br />

(April 2011; brown bag lunch; co-sponsored with the<br />

Antitrust and Trade Regulation Section); (iv) “Nuclear<br />

Power: Industry Rebound or Meltdown” (May 2011;<br />

brown bag lunch); (v) “The Paperless Office” (May<br />

2011; brown bag lunch); (vi) “Human Right to Water”<br />

(June, 2011; Bend); (vii) “Ecosystem Services”<br />

(October 2011; brown bag lunch); and (viii) “<strong>Oregon</strong><br />

Land Trusts” (October 2011; brown bag lunch). CLE<br />

credit was approved for all of these programs.<br />

In 2010, the Section created Sustainable<br />

Leadership Awards to recognize the exceptional<br />

contributions of both lawyers and law firms in<br />

advancing sustainability. Based on the Section’s<br />

recommendation, the Board of Governors<br />

also created the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> President’s<br />

Sustainability Award in 2010. In light of the OSB<br />

President’s Sustainability Award, the Sustainable<br />

Leadership Award was changed in 2011 to recognize<br />

only an <strong>Oregon</strong> law office that demonstrates<br />

leadership in sustainability. Schwabe, Williamson<br />

& Wyatt received the 2011 Law Office Sustainable<br />

Leadership Award and was honored at the Section’s<br />

Annual Celebration in November 2011.<br />

The Section has created several study groups.<br />

In 2011, a study group completed its review of the<br />

barriers to filing double-sided documents in state<br />

courts as permitted by existing state court rules and<br />

published its findings in the Spring 2011 edition of<br />

The Long View. Currently, a study group is reviewing<br />

the emergence of sustainability criteria in requests<br />

for proposals involving legal services. Another group<br />

is currently studying the feasibility and effect of<br />

creating a state office of legal guardian to analyze<br />

how proposed legislation and administrative rules<br />

might impact the environmental interests of future<br />

generations. It is anticipated that the findings of<br />

these study groups will be covered in articles in The<br />

Long View or in the Section’s programs.<br />

In 2011, the Executive Committee designed its<br />

Partners in Sustainability program to provide webbased<br />

recognition to law firms that implement<br />

sustainable office practices that satisfy criteria<br />

established by the Section. The Partners in<br />

Sustainability program will be launched in late 2011<br />

or early 2012.<br />

The Section also upgraded its web site in 2011<br />

in several respects, including links to sustainability<br />

resources to assist lawyers and others seeking<br />

additional information on sustainability topics.<br />

Finally, the Executive Committee provided<br />

support in 2011 for various sustainability measures<br />

undertaken by the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> and contributed<br />

a report for the international Rio 20 Compilation<br />

Document on the activities of the Section and the<br />

<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> relating to sustainability and the<br />

efforts that can be undertaken by lawyers with<br />

respect to sustainability.<br />

Budget:<br />

As of November 28, 2011, the Section’s projected<br />

2011 expenses were $5,673 with a projected yearend<br />

balance of $1,572. As in 2010, the Executive<br />

Committee continued to spend Section funds<br />

conservatively in 2011. The largest expenditures<br />

were for the OSB services assessment, CLE program<br />

expenses and the annual award and celebration<br />

event. As anticipated, the Section’s spending in 2011<br />

followed the budget more closely than in 2010.<br />

For 2012, major budgeted expenses include CLE<br />

programs ($1,000), outreach ($1,000), the annual<br />

award and celebration event ($1,000), and special<br />

projects ($1,000). The special projects category<br />

expenses are associated with the launch of the<br />

Partners in Sustainability program.<br />

Legislative issues:<br />

The Section did not propose any legislation for<br />

the 2011 regular session of the <strong>Oregon</strong> Legislature.<br />

The Section’s legislative activity has been limited to<br />

monitoring legislation that pertains to sustainability.<br />

Recommendations for 2012:<br />

In late 2011 or early 2012, the Executive<br />

Committee plans to initiate its Partners in<br />

Sustainability program to provide web-based<br />

recognition to law firms that implement sustainable<br />

office practices that satisfy criteria established<br />

35


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

by the Section. The Executive Committee will be<br />

involved in 2012 in actively promoting the Partners<br />

in Sustainability program to attract participation by<br />

<strong>Oregon</strong> law firms.<br />

The Long View will continue to be published<br />

electronically on a quarterly basis during 2012. The<br />

Section is continuing with its efforts to expand the<br />

distribution list for the newsletter. All editions of<br />

The Long View will continue to be available on the<br />

Section’s web site.<br />

The Section anticipates offering between six and<br />

eight programs for CLE credit in 2012. Many of the<br />

programs are anticipated to be in the brown bag<br />

lunch format successfully utilized by the Section in<br />

2011.<br />

During 2012, the Section’s two current study<br />

groups will complete their work on the emergence<br />

of sustainability criteria in requests for proposals<br />

involving legal services and how the environmental<br />

rights of future generations might be protected by the<br />

establishment of an office of legal guardian. Findings<br />

of these study groups may be covered in articles in<br />

The Long View or in the Section’s programs.<br />

The Section will initiate in 2012 a “Sustainable<br />

Tips” feature for its web site and newsletter. The tips<br />

will be written by <strong>Oregon</strong> lawyers (or law office staff)<br />

and describe the first-hand experiences of law firms<br />

in implementing various sustainable office practices<br />

of general interest.<br />

In conjunction with the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong>, the<br />

Section will make a presentation on February 1, 2012<br />

to the National Association of <strong>Bar</strong> Executives on (i)<br />

the process utilized in <strong>Oregon</strong> to advance an interest<br />

in sustainability among lawyers and (ii) the respective<br />

activities of the <strong>Bar</strong> and the Section relating to<br />

sustainability.<br />

In 2012, the Executive Committee intends to<br />

broaden its outreach to other <strong>Bar</strong> sections with<br />

respect to identifying common objectives, sharing<br />

resources, and jointly sponsoring CLE programs. The<br />

Executive Committee also plans to continue its efforts<br />

to create better coordination with the <strong>Oregon</strong> law<br />

schools and law students.<br />

Respectfully submitted by the Executive<br />

Committee: James M. Kennedy (CH), Michelle Slater<br />

(CH-Elect), Robin Bellanca Seifried (TR), Dallas Steven<br />

DeLuca (SEC), Jennifer L. Gates, Ellen H. Grover,<br />

Diane Henkels, Amie Jamieson, K. Patrick Neill, and<br />

Richard E. Roy.<br />

Taxation Section<br />

Activities and accomplishments:<br />

New Tax Lawyers Committee<br />

• Headed by Jennifer Woodhouse.<br />

• Free brown-bag lunch series with speakers on<br />

various tax topics.<br />

• Mentor program with 40 participants. It is in<br />

its second year and has received quite positive<br />

feedback from both mentors and mentees. The<br />

program doubled in size this year.<br />

• Stipend program: $4800 12-week stipend. The<br />

section had two recipients. Both recipients chose<br />

to work at Legal Aid during the summer.<br />

• Outreach program.<br />

• Scholarship program.<br />

• Pub talks.<br />

• Potluck.<br />

• Mentor of the Year Award given to Valerie Sasaki.<br />

• Organizing panels for law school visitations.<br />

Laws Committee Update<br />

Headed by Robert Manicke.<br />

As of February meeting, 124 bills had been<br />

delivered to the committee.<br />

• Dan Eller and Amy Zubko developing a publicly<br />

available document to help track the bills.<br />

• Working on article re ORS 316.032 and<br />

whether IRS positions bind courts in certain<br />

circumstances.<br />

• Focus includes worker classification appeals bill,<br />

capital gain/kicker reform, taxpayer ombudsman<br />

bill, and denial of deductions for certain<br />

charities.<br />

• Closely monitored revenue and tax credit<br />

committees.<br />

• 16 committee members reviewed about 160<br />

bills, of which about 30 passed.<br />

• Trying to streamline the comment process with<br />

the DOR.<br />

• Discussed possible program to provide legal<br />

assistance to pro se litigants with cases before<br />

the Tax Court.<br />

36


2011 Committee and Section Annual Reports<br />

Award of Merit<br />

• Headed by Jeffrey Tarr.<br />

• Two nominations were received. For various<br />

reasons, the Executive Committee voted to not<br />

make an award in 2011.<br />

• We revised the Award of Merit Guidelines,<br />

allowing for posthumous awards and awards to<br />

retired attorneys.<br />

• The Executive Committee approved the<br />

development of a “tombstone” for insertion in<br />

the <strong>Bar</strong> Bulletin honoring prior recipients of the<br />

Award of Merit and seeking nominations for<br />

2012.<br />

CLE<br />

Monthly Luncheon Series CLEs<br />

Portland<br />

• Headed by John Magliana and Katherine<br />

VanZanten.<br />

• Nine lunches in 2011.<br />

• Well attended by a broad cross-section of the<br />

OSB Tax Section.<br />

Salem<br />

• Headed by <strong>Bar</strong>bara Smith.<br />

• Seven lunches in 2011.<br />

• Well attended by members of the OSB Tax<br />

Section and local CPAs.<br />

Broadbrush CLE<br />

• Headed by Dan Eller.<br />

• October 21.<br />

• Speakers included Nikki Dobay, Kevin Pearson,<br />

Gwendolyn Griffith, Howard Feinman, Donald<br />

Grim, Jessica Shoup, Jennifer Woodhouse, Scott<br />

Shieffelbein and Dan Eller.<br />

Tax Institute<br />

• June 2-3 at MAC.<br />

• Speakers included Stef Tucker, Marty McMahon,<br />

Bill Manne, Sam Donaldson, a panel including<br />

Neil Kimmelfield, Chris Heuer, Peter Osborne<br />

and Jeff Wong, and Dave Culpepper, Presiding<br />

Magistrate Jill Tanner, Kevin Thomason, Patrick<br />

Green and Professor Ann Murphy.<br />

• 112 attendees.<br />

Newsletter Committee<br />

Published three newsletters as of October 2011.<br />

A fourth newsletter will be published in either late<br />

December 2011 or early January 2012.<br />

Website<br />

A new website is up and running. The section<br />

continues to work on improving the site. Input of<br />

section members is welcomed.<br />

IRS Liaison<br />

Jeff Wong heads this program. IRS puts on a<br />

liaison meeting twice a year for CPAs, tax lawyers and<br />

tax preparers, to discuss developments at the IRS.<br />

Budget:<br />

Treasurer Jeffrey Tarr submitted a 2012 budget to<br />

the OSB which was approved by the OSB Tax Section<br />

Executive Committee at the annual meeting.<br />

Contribution to LASO<br />

The section contributed $5000 to Legal Aid<br />

Services of <strong>Oregon</strong>. The donation was earmarked for<br />

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

representation.<br />

Thanks to the efforts of the OSB staff, the<br />

Executive Committee of the section and the<br />

members of the section, 2011 was a successful year.<br />

With our strong committees, including the New<br />

Tax Lawyers Committee and its Mentor Program,<br />

we expect to see continued growth in the active<br />

involvement of our members statewide. 2012 should<br />

be another successful year.<br />

Respectfully submitted: Larry Joseph Brant (CH),<br />

Neil D. Kimmelfield (CH-Elect), Valerie Sasaki (Past<br />

CH), Jeffrey S. Tarr (TR), Robert T. Manicke (SEC),<br />

David C. Culpepper, Dan Eller, Heather E. Harriman,<br />

Mark F. LeRoux, John Anthony Magliana, Ryan R.<br />

Nisle, <strong>Bar</strong>bara J. Smith, Jeffrey M. Wong, Jennifer L.<br />

Woodhouse, Hunter B. Emerick (BC), Karen D. Lee<br />

(BL).<br />

Workers’ Compensation Section<br />

Activities and accomplishments:<br />

The section held its Annual Meeting on May 13,<br />

2011 at the Salishan Lodge at Gleneden Beach,<br />

<strong>Oregon</strong>. The meeting was chaired by Administrative<br />

Law Judge (ALJ) Charles R. Mundorff.<br />

On June 20, 2011, the section was saddened by<br />

37


<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong><br />

the news that ALJ Charles Mundorff died suddenly.<br />

He was 52 years old. He had served on the Executive<br />

Committee for many years.<br />

Pursuant to Section Bylaws, Article IV, Section 3,<br />

Dale Johnson performed the duties of the Chair for<br />

the remainder of Judge Mundorff’s term.<br />

Seminars<br />

The section sponsored three seminars in 2011.<br />

The first, as part of its annual conference at Salishan<br />

was held on May 13 and May 14, 2011. The seminar<br />

was approved for 8.75 general credits and featured<br />

medical experts, Dr. Emil J. <strong>Bar</strong>dana, Jr. speaking<br />

about work-related asthma, and Dr. Paul Puziss<br />

speaking about arthritis. Other topics included a<br />

workers’ compensation law appellate update, an<br />

update from the Workers’ Compensation Division<br />

(WCD), a discussion about settlement practices,<br />

and a break-out session on the “nuts and bolts” of<br />

workers’ compensation practice for new practitioners.<br />

On October 20, 2011, the section and the <strong>Bar</strong>’s<br />

CLE department co-sponsored a beginner’s seminar<br />

entitled “How to Try a Workers’ Compensation Case.”<br />

A mock hearing was scripted and performed by<br />

section members. It was digitally recorded for future<br />

use. The seminar was approved for six credits.<br />

On November 4, 2011, the section held its annual<br />

Bench/<strong>Bar</strong> Forum at The <strong>Oregon</strong> Garden in Silverton,<br />

<strong>Oregon</strong>. The keynote speaker for our annual ethics<br />

seminar and luncheon was former <strong>Oregon</strong> Supreme<br />

Court Justice, Hon. W. Michael Gillette. The seminar,<br />

which was free to section members, included former<br />

ALJ Donna Garaventa speaking on the ethics of<br />

mediation, and a panel discussion on ethical issues in<br />

litigation. The section sought approval for three ethics<br />

credits.<br />

Budget:<br />

The section executive committee approved the<br />

section’s budget for 2012. In 2011, the executive<br />

committee sought ways to decrease expenses,<br />

particularly in its most expensive line items: section<br />

sponsored seminars. With regard to the Salishan<br />

Conference, the standing committee in charge of<br />

the event was able to reduce the cost of producing<br />

materials by moving to CD-ROM as the default<br />

option. The Bench/<strong>Bar</strong> Forum standing committee<br />

found a less expensive venue for its event and<br />

reduced costs by offering a buffet luncheon.<br />

The expense for a recording of a mock workers’<br />

compensation hearing for the beginner’s seminar will<br />

be spread out over time, when the video is re-played<br />

at future seminars. The beginner’s seminar, produced<br />

by the section’s Going Forward standing committee,<br />

was intended to increase section membership and<br />

revenue. Section membership had decreased from<br />

roughly 550 members in 1993 to approximately 350<br />

members currently.<br />

The section is projected to be only $178 over<br />

its budgeted expenses at year’s end. The section<br />

will continue to balance its expenses and revenues,<br />

while maintaining a reasonable fund balance and<br />

serving its membership. In 2012, the Executive<br />

Committee will decide whether to seek an increase in<br />

membership dues. The Executive Committee is aware<br />

of the <strong>Bar</strong>’s deadlines in that regard.<br />

Legislative issues:<br />

The section Executive Committee is not proposing<br />

any legislation for the next legislative session, at this<br />

time. The Committee is aware of the <strong>Bar</strong>’s deadlines<br />

for such action. Due to statutory changes, such as<br />

changes to ORS 656.790 (3) in 1995, the section’s<br />

role in making proposals to the legislature has<br />

diminished. The Executive Committee will continue<br />

to monitor bills and legislative changes that affect the<br />

practice of workers’ compensation law and will keep<br />

its membership informed. The Executive Committee’s<br />

legislative contact person for 2012 is former <strong>State</strong><br />

Representative and current Committee member-atlarge<br />

James Edmunson.<br />

Matters considered/Matters pending:<br />

The section Executive Committee has had a busy<br />

year. The Executive Committee met each month,<br />

except for August, and there is a December meeting<br />

scheduled for December 9, 2011. The Executive<br />

Committee has nine standing committees that<br />

report through Executive Committee liaisons at each<br />

meeting. Those committees are: Salishan (annual<br />

conference), Bench/<strong>Bar</strong> Forum, Nominating, Douglas<br />

Daughtry Award of Merit, Access to Justice, Going<br />

Forward, New Technologies, Communication, and<br />

Legislative/Rules. This year the standing committees<br />

were asked to review and revise, as necessary, their<br />

mission statements for approval by the Executive<br />

Committee and to state specific goals for 2012. The<br />

re-organization of the standing committees was<br />

intended to provide accountability to the Executive<br />

Committee and to provide an annual assessment of<br />

goals attained.<br />

The committees are purposely balanced with<br />

38


2011 Committee and Section Annual Reports<br />

lawyers who represent workers and those who<br />

represent employers. Judges from the Workers’<br />

Compensation Board’s hearings division also<br />

serve and provide a judicial perspective in each<br />

committee’s deliberations. This year younger<br />

volunteers were recommended to each committee,<br />

so that veteran committee members could provide<br />

mentoring. It is our hope that younger colleagues<br />

will enjoy the committee work and will seek elected<br />

positions on the Executive Committee in future years.<br />

Any other comments:<br />

The Executive Committee of the Workers’<br />

Compensation Section acknowledges and is grateful<br />

for the numerous contributions, the many volunteer<br />

hours, exceptional work and wise counsel, provided<br />

over a decade by its Chair for 2011, Charles “Chuck”<br />

Mundorff. Chuck patiently waited his turn to lead<br />

the section, serving on the Salishan committee for<br />

many years and then on the Executive Committee.<br />

When he took office in January, 2011, he did so<br />

with the confidence of an Administrative Law Judge<br />

accustomed to controlling his hearing room. He<br />

seemed to thoroughly enjoy his role as Chair. One of<br />

his last official acts was chairing the annual meeting<br />

at Salishan in May, 2011.<br />

We enjoyed serving on the Executive Committee<br />

with Chuck. We enjoyed debating issues with him,<br />

laughing with him, seeing his smiling face across the<br />

conference table, and sharing the work and concerns<br />

of this section with him. He is greatly missed by the<br />

entire section membership.<br />

Respectfully submitted: Charles R. Mundorff (CH),<br />

Dale C. Johnson (CH), Matthew M. Fisher (Past CH),<br />

Julie Masters ( TR), Norman D. Cole (SEC), Ronald<br />

L. Bohy, Kate Donnelly, James L. Edmunson, Robert<br />

J. Guarrasi, Tom Harrell, Jacqueline M. Jacobson,<br />

Douglas J. Rock, Steven Mark Schoenfeld, Keith<br />

Semple, Nicholas M. Sencer, Dennis R. VavRosky,<br />

David Wade (BC), Suzanne Cushing (BL).<br />

39


16037 SW Upper Boones Ferry Rd<br />

PO Box 231935, Tigard, OR 97225<br />

(503) 320-0222, or Toll Free in <strong>Oregon</strong>: 1 (800) 452-8260<br />

©<br />

www.osbar.org<br />

<strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> 3/12

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