Attorneys

ORS 9.536
Disciplinary board decision

  • appeal to Supreme Court
  • review
  • costs

(1)

Upon the conclusion of a hearing, the disciplinary board shall file with the State Court Administrator a written decision in the matter. The Oregon State Bar or the accused may seek review of the decision by the Supreme Court. Such review shall be a matter of right upon the request of either party. Otherwise, the decision of the disciplinary board shall be final. The procedure for seeking discretionary review and on review shall be as provided in the rules of procedure.

(2)

When a matter is before the Supreme Court for review, the court shall consider the matter de novo and may adopt, modify or reject the decision of the disciplinary board in whole or in part and thereupon enter an appropriate order.

(3)

The Supreme Court, or the disciplinary board in cases where its decision has become final, may award judgment in any bar proceeding for all or part of a party’s actual and necessary costs and disbursements incurred. The procedures for recovery of such costs and disbursements shall be the same as in civil cases.

(4)

The State Court Administrator shall enter any judgment for costs and disbursements in the records of the Supreme Court and shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the member or applicant resides or maintains an office for the practice of law or other business. If a judgment for costs and disbursements is entered against the bar, the State Court Administrator shall forward a certified copy of the judgment to the clerk of the circuit court of the county in which the bar maintains its principal place of business. On receipt of a certified copy of the judgment, the clerk of the circuit court shall file it and cause it to be entered in the circuit court register. Such judgment shall thereafter have the same force and effect, may be enforced by execution in the same manner, may be extended in the same manner and, upon payment, shall be satisfied in the same manner as other judgments entered in circuit court. [1983 c.618 §6; 1985 c.540 §25; 1991 c.790 §2; 1997 c.149 §1; 2003 c.192 §4; 2003 c.576 §175]

See also annotations under ORS 9.540 in permanent edition.

Notes of Decisions

Under former similar statute (ORS 9.535)

Costs allowed Oregon State Bar in disciplinary action are not limited to items for which costs may be allowed in civil litigation. In re Greene, 277 Or 737, 562 P2d 539 (1977)

In general

Where accused fails to answer or make other appearance, allegations in bar’s formal complaint are deemed true for purposes of review. In re Bourcier, 322 Or 561, 909 P2d 1234 (1996)

Stipulation for discipline entered into between accused and bar does not have precedential value for purposes of court review. In re Murdock, 328 Or 18, 968 P2d 1270 (1998)

ATTY. GEN. OPINIONS

In general

Effect of disbarment proceedings on service as district attorney, (2001) Vol 49, p 272

Source

Last accessed
May 30, 2023

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