ORS 9.534
Disciplinary board

  • procedure before board
  • oaths
  • subpoenas
  • hearing
  • record

(1)

The Supreme Court shall appoint a disciplinary board, which may include one or more professional adjudicators as set forth in the rules of the Supreme Court and the Oregon State Bar bylaws, to adjudicate disciplinary proceedings of the bar.

(2)

A member, formally accused of misconduct by the bar, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to examine and cross-examine witnesses. The member has the right to appear and testify, and the right to the issuance of subpoenas for attendance of witnesses and the production of books, papers or documents in the defense of the member.

(3)

Rules of evidence and discovery in disciplinary proceedings shall be as provided in the rules of procedure.

(4)

Intentionally left blank —Ed.

(a)

The disciplinary board has the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the accused member, and the production of books, papers and documents pertaining to the matter before the disciplinary board.

(b)

A witness in a disciplinary proceeding who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to paragraph (a) of this subsection may be enforced by application to any circuit court.

(c)

Any member of the disciplinary board may administer oaths or affirmations and issue any subpoena provided for in paragraph (a) of this subsection.

(5)

The hearing before the disciplinary board shall be held in the county in which the member charged maintains an office for the practice of law, the county in which the member resides, or the county in which the offense is alleged to have been committed. With the consent of the member, the hearing may be held elsewhere in the state.

(6)

A record of all hearings shall be made and preserved by the disciplinary board. [1983 c.618 §5; 2017 c.524 §2]

Source: Section 9.534 — Disciplinary board; procedure before board; oaths; subpoenas; hearing; record, https://www.­oregonlegislature.­gov/bills_laws/ors/ors009.­html.

Notes of Decisions

Rules of procedure developed by board of governors for use in attorney discipline hearings are exclusive provisions governing admissibility of evidence at hearings. In re Barber, 322 Or 194, 904 P2d 620 (1995)

Accused bar member does not have constitutional right to appointed counsel in disciplinary proceeding. In re Harris, 334 Or 353, 49 P3d 778 (2002)

9.005
Definitions for ORS 9.005 to 9.757 9.006
Authority of Supreme Court 9.010
Status of attorney and Oregon State Bar 9.025
Board of governors 9.030
Voting rights 9.040
Election of governors 9.042
Determination of eligibility of candidate for board of governors 9.050
Recall or removal of governors 9.055
Chief executive officer 9.060
President, president-elect and immediate past president 9.070
Duties of president and president-elect 9.080
Duties and authority of bar and of board of governors 9.090
Appropriation and disbursement of funds 9.100
Statement of financial condition 9.110
Board of governors to formulate rules 9.112
Board of governors to establish minimum continuing legal education requirements 9.114
Mandatory training on duties relating to reporting child abuse and abuse of elderly persons 9.136
House of delegates created 9.139
Powers of house of delegates 9.142
Rules for conduct of business 9.145
Public members 9.148
Participation by nondelegates 9.150
Termination of delegate’s term 9.152
Election of delegates 9.155
Recall of delegate 9.160
Bar membership required to practice law 9.162
Definitions for ORS 9.160 to 9.166 9.164
Investigation of alleged violation of ORS 9.160 9.166
Enjoining practicing law without a license 9.180
Classes of membership 9.191
Annual membership fees 9.200
Effect of failure to pay membership fees 9.210
Board of bar examiners 9.220
General requirements for admission 9.241
Practice of law by attorneys licensed in other jurisdictions 9.242
Advice on law of foreign jurisdiction 9.250
Order for admission 9.261
Resignation of attorney 9.280
Prohibition on acting as immigration consultant 9.310
Attorney defined 9.320
Necessity for employment of attorney 9.330
Authority of attorney 9.340
Challenge by party of attorney’s authority to appear for party 9.350
Challenge of attorney’s authority to appear for adverse party 9.360
Compelling delivery by attorney of money or papers 9.370
Compelling delivery when attorney claims lien 9.380
Changing attorneys and terminating attorney-client relationship 9.390
Notice of change or termination 9.460
Duties of attorneys 9.490
Formulation of rules of professional conduct 9.500
Solicitation of personal injury business by nonlawyer 9.505
Payment for referring claims resulting from personal injury or death 9.510
Solicitation by attorneys 9.515
Referral of claims, suits or actions between attorneys 9.520
Acceptance and prosecution of solicited claims 9.527
Grounds for disbarment, suspension or reprimand 9.528
Advice on conducting covert operations 9.529
Status of proceedings relating to discipline, admission or reinstatement 9.532
State professional responsibility board 9.534
Disciplinary board 9.536
Disciplinary board decision 9.537
Civil immunity of witnesses, bar officials and employees 9.539
Application to admission and reinstatement proceedings 9.542
Rules for investigation of attorneys and applicants 9.555
Copy of complaint or notice to Attorney General when bar is plaintiff or defendant 9.565
Tax return information from Department of Revenue 9.568
State lawyers assistance committee 9.572
Bar to establish Legal Services Program 9.576
Review of providers 9.578
Funding sources 9.582
Use of amounts not paid to class members in class action lawsuits 9.615
Definition for ORS 9.615 to 9.665 9.625
Plan to relieve client losses 9.635
Sources of client security fund 9.645
Annual payment by state bar members 9.655
Investigation of claim of loss 9.657
Immunity from civil liability 9.665
Authority for reimbursement of client 9.675
Mandatory certification and disclosures for lawyer trust accounts 9.685
Trust account overdraft notification program 9.688
Circuit court jurisdiction to determine entitlement to property in lawyer trust account 9.695
Status of files or work premises of lawyer 9.705
Definitions for ORS 9.705 to 9.757 9.710
Jurisdiction of circuit court over law practice of nonperforming attorney 9.715
Petition to take jurisdiction over law practice 9.720
Court taking jurisdiction over law practice 9.725
Appointment of bar or other attorney as custodian of law practice 9.727
Service of order of custodianship 9.730
Assistance by professional liability fund and other attorneys 9.735
Compensation of custodian 9.740
Court orders appealable 9.745
Statutes of limitation suspended 9.750
Confidentiality of files and records 9.755
Final report of custodian 9.757
Retention of client materials 9.760
Judicial department library services 9.780
Exchange of legal publications 9.790
Legislative Counsel furnishing copies of codes and session laws for exchange 9.800
Sale of surplus codes and session laws 9.815
County law libraries and law library services 9.820
Law libraries in Multnomah County 9.825
Law library surveys 9.829
Use of moneys distributed to counties 9.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 9.534’s source at oregon​.gov