2011COMMITTEE & SECTION - Oregon State Bar
2011COMMITTEE & SECTION - Oregon State Bar
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 />
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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 />
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<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 />
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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 />
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<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 />
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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 />
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<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 />
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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
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