Oregon State Bar
Encyclopedia
The Oregon State Bar is a government agency in the U.S. state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulates the legal profession. The public corporation is part of the Oregon Judicial Department
Oregon Judicial Department
The Oregon Judicial Department is the judicial branch of government of the state of Oregon in the United States. The chief executive of the branch is the Chief Justice of the Oregon Supreme Court. Oregon’s judiciary consists primarily of four different courts: the Oregon Supreme Court, the Oregon...

. Lawyers are required to join the OSB in order to practice law in Oregon.

History

In 1890, lawyers in Oregon established the Oregon State Bar Association. The group began using national standards pertaining to education and entrance examinations for admittance in 1922, and in 1941 began requiring a law degree. In 1935, the Oregon Legislative Assembly
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...

 created the Oregon State Bar as a public corporation to regulate, license, discipline, and support those practicing law.

In 1972, the organization joined a multi-state examination and started twice-yearly tests for admittance in 1976. Oregon signed agreements with neighboring Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....

 and Washington to allow lawyers who passed the bar exam in any of the states to join the bar associations of any of the three states without taking an additional examination.

Details

Oregon has an "integrated bar": all attorneys in Oregon are required to join the Oregon State Bar if they desire to practice law in Oregon. Membership fees and program fees from the 16,000 active members fund the entire $8.3 million budget of the agency. OSB has approximately 80 employees and is overseen by a Board of Governors. This 16 person board group along with the 20-member House of Delegates and the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...

 provide governance for the agency’s activities.

OSB also administers a board on attorney discipline and the Board of Bar Examiners. Additionally, the bar makes recommendations for filing mid-term judicial vacancies in the courts of the Oregon Judicial Department. These recommendations are given to the Governor of Oregon
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....

 who makes the final appointment decision.

Lawyers in private practice are also required to participate in the Oregon Professional Liability Fund, a self-funded insurance program. As of 2006, the program premium was $3,000 per year for $300,000 in coverage. Oregon was the first state to adopt the mandatory insurance scheme for attorneys.

Disciplinary records

In 1973, the Oregon Legislature passed the Oregon Public Records Law. Oregon Court of Appeals
Oregon Court of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Part of the Oregon Judicial Department, it has ten judges and is located in Salem...

 judge Jason Lee
Jason Lee (Oregon judge)
Jason Dwight Lee was an American politician and judge in the state of Oregon. A controversial lawyer, he served on the Oregon Court of Appeals and made an unsuccessful attempt at joining the Oregon Supreme Court and was the defendant in several cases that made their way to the state’s highest court...

 filed to run for an open seat on the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...

 in 1975. This led reporter Russell Sadler to request Lee's disciplinary records from the OSB. They refused, even after the Oregon Attorney General
Oregon Attorney General
The Oregon Attorney General is a statutory office within the executive branch of the state of Oregon, and serves as the chief legal officer of the state, heading its Department of Justice with its six operating divisions. The Attorney General is chosen by statewide partisan election to serve a term...

 ordered the agency to release the files under Oregon's public records disclosure law. Sadler then sued OSB, with a jury finding in the OSB’s favor, but the Oregon Supreme Court overturned the decision and all attorney discipline files became a matter of public record. The state was the first in the nation to provide complete access to all records, including grievances from clients.

Form B resignation

A Form B resignation is the functional equivalent of being disbarred from a Bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...

, and means that the submitting member of the bar resigned while facing disciplinary charges from the bar tribunal. Members of the Oregon State bar who enter a Form B Resignation are not eligible to be readmitted to the bar again. Form B is available only in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

, and it allows resignation from the bar even if there are charges pending.

Oregon is not the only US state where it is possible to resign from a bar even if you have pending charges, although the procedure is different and has different names.

External links



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