Bill Text: OR HB2565 | 2013 | Regular Session | Enrolled
Bill Title: Relating to attorneys; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-03-11 - Chapter 3, (2013 Laws): Effective date March 11, 2013. [HB2565 Detail]
Download: Oregon-2013-HB2565-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2565
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Oregon State Bar Board of Governors)
CHAPTER ................
AN ACT
Relating to attorneys; creating new provisions; amending ORS
9.200, 9.675 and 9.735; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 9.735 is amended to read:
9.735. The court shall enter a judgment awarding reasonable
compensation and expenses to any attorney who acts as custodian
under ORS 9.705 to 9.755. The judgment shall be against the
affected attorney or the estate of the affected attorney. The
judgment is a lien upon all nontrust funds, office furnishings,
supplies, equipment, library and other personal property used in
the law practice of the affected attorney retroactive to the date
of filing of the petition for jurisdiction under ORS 9.705 to
9.755. The judgment lien { - is subordinate to nonpossessory
liens and security interest created prior to its taking
effect - } { + takes priority over all general unsecured
creditors, nonpossessory liens and security interests that were
unperfected on the date the court assumed jurisdiction + }, and
may be foreclosed as provided in ORS chapter 87.
SECTION 2. ORS 9.200 is amended to read:
9.200. (1) Any member in default in payment of membership fees
established under ORS 9.191 (1) for a period of { - 90 - }
{ + 30 + } days, or any person in default in payment of
membership fees established under ORS 9.191 (2) for a period of
30 days after admission or as otherwise provided by the board, or
any member in default in payment of assessed contributions to a
professional liability fund under ORS 9.080 (2) for a period of
30 days, shall, after 60 days' written notice of the delinquency,
be suspended from membership in the bar. The { + executive
director of the Oregon State Bar shall send the + }notice of
delinquency { - shall be sent by the executive director, by
registered or certified mail, - } to the { + delinquent + }
member { - in default at the last-known post-office address of
the member - } { + at the member's electronic mail address on
file with the bar on the date of the notice. The executive
director shall send the notice by mail to any member who is not
required to have an electronic mail address on file with the bar
under the rules of procedure + }. { - Failure - } { + If a
delinquent member fails + } to pay the fees or contributions
within 60 days after the date of the { - deposit of the notice
in the post office shall automatically suspend the delinquent
Enrolled House Bill 2565 (HB 2565-INTRO) Page 1
member - } { + notice, the member is automatically
suspended + }. The { + executive director shall provide the + }
names of all members suspended { - from membership for
nonpayment of fees or contributions shall be certified by the
executive director - } { + under this section + } to the State
Court Administrator and to each of the judges of the Court of
Appeals, circuit and tax courts of the state.
(2) An active member delinquent in the payment of
{ - such - } fees or contributions { - shall not be - }
{ + is not + } entitled to vote.
(3) A member suspended for delinquency { - in payment of such
fees or contributions shall - } { + under this section may
+ }be reinstated only on compliance with the rules of the
Supreme Court and the rules of procedure and payment of all
required fees or contributions.
SECTION 3. ORS 9.675 is amended to read:
9.675. (1) An active member of the Oregon State Bar shall
certify annually to the bar whether the member maintains any
lawyer trust accounts in Oregon. If a member maintains one or
more lawyer trust accounts, the member must disclose the
financial institution in which each account is held and the
account number for each account. The executive director of the
Oregon State Bar shall prescribe a form and due date for the
certification and disclosures required by this section.
(2) If a member does not file the certificate and disclosures
required by this section { - by - } { + within 30 days
after + } the due date prescribed under subsection (1) of this
section, the executive director shall send written notice of the
default to the member { + at the member's electronic mail
address on file with the bar on the date of the notice. The
executive director shall send the notice by mail to any member
who is not required to have an electronic mail address on file
with the bar under the rules of procedure + }.
{ - The notice shall be sent by registered or certified mail to
the last-known post-office address of the member. - } If a
member does not file the certificate and disclosures required by
this section within 60 days after the date { + of + } the notice
{ - is mailed - } , the person's membership in the bar is
automatically suspended. The executive director shall provide the
names of all persons suspended under this section to the judges
of the circuit courts, the Court of Appeals and the Oregon Tax
Court.
(3) A person suspended under this section may be reinstated to
membership in the bar only if the person pays all required fees
and contributions and complies with all rules of procedure and
rules of the Supreme Court relating to reinstatement.
SECTION 4. { + The amendments to ORS 9.735 by section 1 of
this 2013 Act apply to judgments awarding compensation and
expenses to an attorney who acts as custodian that are entered on
or after the effective date of this 2013 Act. + }
SECTION 5. { + The amendments to ORS 9.200 and 9.675 by
sections 2 and 3 of this 2013 Act apply to notices sent by the
executive director of the Oregon State Bar on or after the
effective date of this 2013 Act. + }
SECTION 6. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2565 (HB 2565-INTRO) Page 2
Passed by House February 13, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate February 28, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2565 (HB 2565-INTRO) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2565 (HB 2565-INTRO) Page 4
