Status of attorney and Oregon State Bar
- applicability of statutes
(1)An attorney, admitted to practice in this state, is an officer of the court.
(2)The Oregon State Bar is a public corporation and an instrumentality of the Judicial Department of the government of the State of Oregon. The bar is authorized to carry out the provisions of ORS 9.005 (Definitions for ORS 9.005 to 9.757) to 9.757 (Retention of client materials).
(3)The bar is subject to the following statutes applicable to public bodies:
(a)ORS 30.210 (To whom official bonds are security) to 30.250 (Amount of judgment).
(b)ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive).
(c)ORS 30.310 (Actions and suits by governmental units), 30.312 (Actions by governmental units under federal antitrust laws), 30.390 (Satisfaction of judgment against public corporation) and 30.400 (Actions by and against public officers in official capacity).
(d)The Oregon Rules of Civil Procedure.
(e)ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).
(f)ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690).
(g)ORS 243.401 (Definitions for ORS 243.401 to 243.507) to 243.507 (Payment of deferred compensation to alternate payee under judgment or order).
(h)ORS 244.010 (Policy) to 244.040 (Prohibited use of official position or office).
(i)ORS 297.110 (Definitions for ORS 297.120) to 297.230 (Estimate and payment of costs and expenses of audits).
(j)ORS chapters 307, 308 and 311.
(k)ORS 731.036 (Persons completely exempt from application of Insurance Code) and 737.600 (Fictitious grouping for rate purposes prohibited).
(4)Except as provided in subsection (3) of this section, the bar is not subject to any statute applicable to a state agency, department, board or commission or public body unless the statute expressly provides that it is applicable to the Oregon State Bar.
(5)The Oregon State Bar has perpetual succession and a seal, and may sue and be sued. Notwithstanding the provisions of ORS 270.020 (Title to property) and 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 278, 279A, 279B and 279C, the bar may, in its own name, for the purpose of carrying into effect and promoting its objectives, enter into contracts and lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property.
(6)No obligation of any kind incurred or created under this section shall be, or be considered, an indebtedness or obligation of the State of Oregon. [Amended by 1955 c.463 §1; 1965 c.461 §1; 1985 c.446 §1; 1997 c.249 §6; 2003 c.794 §194; 2007 c.60 §1]
Notes of Decisions
Oregon State Bar does not operate as independent licensing authority, but as instrumentality of Judicial Department of State; its members are not only officers of the courts, but are subject to discipline by courts for misconduct. Oregon State Bar v. Wright, 280 Or 693, 573 P2d 283 (1977)