Bill Text: OR SB379 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the Oregon State Bar; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-09 - Effective date, June 9, 2011. [SB379 Detail]
Download: Oregon-2011-SB379-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 379
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon State Bar Board of Governors)
CHAPTER ................
AN ACT
Relating to the Oregon State Bar; amending ORS 9.025, 9.030,
9.040, 9.042 and 9.152; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 9.025, as amended by section 1, chapter 218,
Oregon Laws 2009, is amended to read:
9.025. (1) The Oregon State Bar shall be governed by a board of
governors consisting of 18 members. Fourteen of the members shall
be active members of the Oregon State Bar, who { - on - } { +
at the time of + } appointment, { - on nomination - } { + at
the time of filing a statement of candidacy + }, { - on - }
{ + at the time of + } election { + , + } and during the full
term for which the member was appointed or elected, maintain the
principal office of law practice in the region of this state in
which the active members of the Oregon State Bar eligible to vote
in the election at which the member was elected maintain their
principal offices. Four of the members shall be appointed by the
board of governors from among the public. They shall be residents
of this state and { - shall - } { + may + } not be active or
inactive members of the Oregon State Bar. { - No - } { +
A + } person charged with official duties under the executive and
legislative departments of state government, including but not
limited to elected officers of state government, may { + not + }
serve on the board of governors. Any other person in the
executive or legislative department of state government who is
otherwise qualified may serve on the board of governors.
(2) { - For the purpose of eligibility for nomination and to
vote in the election of a member of the board of governors who is
an elective member, and for appointment to the board of
governors, the State of Oregon shall be divided into regions
determined by the board. - } { + The board of governors shall
divide the State of Oregon into regions for the purpose of
determining eligibility to be a candidate for the board of
governors, eligibility to be elected or appointed to the board of
governors, and eligibility to vote in board of governors
elections. + } The { - board shall establish board - } regions
{ - that are - } { + shall be + } based on the number of
attorneys who have their principal offices in the region. To the
extent that it is reasonably possible, the regions shall be
Enrolled Senate Bill 379 (SB 379-INTRO) Page 1
configured by the board so that the representation of board
members to attorney population in each region is equal to the
representation provided in other regions. At least once every 10
years the board shall review the number of attorneys in the
regions and shall alter or add regions as the board determines is
appropriate in seeking to attain the goal of equal
representation.
(3) Members of the board of governors may be elected only by
the active members of the Oregon State Bar who maintain their
principal offices in the regions established by the board. The
regular term of a member of the board is four years. The board
may establish special terms for positions that are shorter than
four years for the purpose of staggering the terms of members of
the board. { - The board must identify positions with special
terms before accepting nominating petitions for the
positions. - } { + The board must identify a position with a
special term before accepting statements of candidacy for the
region in which the position is located. The board shall
establish rules for determining which of the elected members for
a region is assigned to the position with a special term. + }
(4) No judge of a municipal, state or federal court or any
other full-time judicial officer, shall be eligible for
appointment or election to the board of governors.
(5) The term of any member of the board of governors shall
terminate on the date of the death or resignation of the member,
or if the member of the board is required to be a member of the
Oregon State Bar, the term terminates on the date:
(a) Of the termination of active membership in the Oregon State
Bar for any reason;
(b) When the member discontinues to maintain the principal
office of law practice in the region in which it was maintained
at the time of the appointment or election of the member; or
(c) When the member assumes office as a judge of a municipal,
state or federal court, or fills a full-time judicial office.
(6) No member of the board of governors shall be eligible,
during the term of office, for service pro tempore as a judge of
any municipal, state or federal court.
SECTION 2. ORS 9.030 is amended to read:
9.030. { + (1) An + } active { - members - } { + member of
the Oregon State Bar + } shall vote { - in and be eligible for
nomination and election to - } { + for members of + } the board
of governors and house of delegates { - from - } { +
representing + } the region in which { - they maintain their
principal offices - } { + the bar member maintains the member's
principal office + }.
{ + (2) An active member of the Oregon State Bar is eligible
to be a candidate for, and to be appointed or elected to, the
board of governors or house of delegates to represent the region
in which the bar member maintains the member's principal
office. + }
SECTION 3. ORS 9.040 is amended to read:
9.040. (1) The election of governors shall be held annually on
a date set by the board of governors. { - Nomination shall be
by petition signed by at least 10 members entitled to vote for
such nominee. - } { + The + } election shall be by ballot.
{ + Any member of the Oregon State Bar who is eligible to serve
as a governor for a region may file a signed statement of
candidacy for the region. + }
{ - Nominating petitions - } { + Statements of candidacy + }
must be filed with the executive director of the bar. The board
Enrolled Senate Bill 379 (SB 379-INTRO) Page 2
shall establish a deadline for filing { - nominating
petitions - } { + statements of candidacy + }.
{ - (2)(a) The executive director shall mail ballots,
containing the nominations for the office of governor in each
region, to every eligible active member in such region. Ballots
must be returned in person or by mail to the executive director
on or before the day of the election in order to be counted. The
executive director shall canvass the votes and record the result
thereof. - }
{ + (2)(a) The executive director shall mail ballots
containing the names of the candidates for the office of governor
in each region to every active member in the region. Ballots may
be delivered in person or by mail to the executive director, but
must be received by the executive director on or before the day
of the election. The executive director shall canvass the votes
and record the results of the election. + }
(b) The board by rule may provide for electronic elections in
lieu of using mailed ballots under paragraph (a) of this
subsection. Rules adopted under this paragraph may provide for
electronic distribution of election materials and electronic
tabulation of votes.
(3) In a region in which only one position is to be filled, the
candidate receiving the highest vote shall be declared elected.
If a region has more than one position to be filled, the
candidate with the most votes received shall be declared elected,
the candidate with the next highest number of votes received
shall then be declared elected, and so on until all positions are
filled. The balloting shall be { - so - } conducted
{ + so + } that only eligible active members can vote, and the
secrecy of the ballot shall be preserved.
(4) { - Notwithstanding subsection (1) of this section, the
board may not conduct an election for any position for which only
a single candidate has been nominated. If only a single candidate
has been nominated, the board shall declare the single candidate
elected to the position on a date specified by the board. - }
{ + Notwithstanding subsection (1) of this section, the board
may not conduct an election for a region if the number of
candidates for the region is equal to or less than the number of
open positions for the region. If the number of candidates for
the region is equal to or less than the number of open positions
for the region, the board shall declare the candidate or
candidates elected on a date specified by the board. + }
(5) A vacancy in the office of elective member of the board of
governors that occurs more than 24 months before the expiration
of the term shall be filled for the remainder of the term by a
governor elected at a special election held in the manner
provided in this section as soon as possible after the occurrence
of the vacancy, or as provided in subsection (4) of this section
if { - only a single candidate is nominated - } { + there is
only one candidate + }. The vacancy may be filled for the period
between the occurrence of the vacancy and the election of a new
governor by a person appointed by the board. A vacancy in the
office of elective member that occurs 24 months or less before
the expiration of the term shall be filled for the remainder of
the term by a person appointed by the board.
(6) A vacancy in the office of public member of the board of
governors shall be filled for the remainder of the term by a
governor appointed by the board.
SECTION 4. ORS 9.042 is amended to read:
Enrolled Senate Bill 379 (SB 379-INTRO) Page 3
9.042. (1) Upon the written request of any member of the bar,
or upon the board's own motion, the board of governors shall
determine the eligibility of a candidate for the board. A request
under this section must be filed with the executive director
within 30 days after the final day on which { - nominating
petitions for the board - } { + statements of candidacy + } are
required to be filed. The board shall give written notice of the
request to the candidate whose eligibility will be determined.
The board shall provide an opportunity to the candidate to
respond on the issue of the candidate's eligibility.
(2) The board shall give written notice to the candidate, and
to any member of the bar who has requested a determination on the
eligibility of the candidate under the provisions of this
section, of the board's determination on the candidate's
eligibility. The notice must be given not later than 75 days
after the final day on which { - nominating petitions for the
board - } { + statements of candidacy + } are required to be
filed. The notice shall state the specific grounds for the
board's determination.
(3) A candidate, or a member of the bar who has requested a
determination on the eligibility of a candidate under the
provisions of this section, may file a petition for review of the
board's determination with the Supreme Court. The petition for
review must be filed within 15 days only after notice is given to
a candidate or member under subsection (2) of this section.
(4) Upon the timely filing of a petition for review under
subsection (3) of this section, the Supreme Court has
jurisdiction to resolve all issues arising under the Oregon
Constitution, state statutes, rules of the court and rules of the
board that are related to the eligibility of candidates for the
board.
(5) The board of governors shall establish procedures for the
implementation of subsections (1) and (2) of this section. The
procedures shall be designed to { - insure - } { + ensure + }
that there will be a final determination on the eligibility of a
candidate for the board no later than 10 days before the mailing
of the ballots to members of the bar in the election that is
affected by the determination.
(6) This section provides the exclusive procedure for
challenging the eligibility of a candidate for the board. No
other administrative or judicial proceeding may be brought to
challenge the eligibility of a candidate for the board.
SECTION 5. ORS 9.152 is amended to read:
9.152. (1) The election of delegates to the house of delegates
shall be held annually on a date set by the board of governors.
{ - Except as provided in subsection (2) of this section,
nominations shall be made by petition signed by at least 10
members of the Oregon State Bar entitled to vote for a delegate
in the election. - } The election shall be by ballot. { + Any
member of the Oregon State Bar who is eligible to serve as a
member for a region may file a signed statement of candidacy for
the region. + }
{ - Nominating petitions - } { + Statements of candidacy + }
must be filed with the executive director of the state bar at
least 30 days before the election.
(2)(a) The executive director shall mail ballots containing the
{ - nominations - } { + names of the candidates + } for the
office of delegate in each region to every active member in the
region. Ballots may be delivered in person or by mail to the
executive director, but must be received by the executive
Enrolled Senate Bill 379 (SB 379-INTRO) Page 4
director on or before the day of the election. The executive
director { - , with any assistants that the executive director
may designate, - } shall canvass the votes and record the
results of the election.
(b) The board by rule may provide for electronic elections in
lieu of using mailed ballots under paragraph (a) of this
subsection. Rules adopted under this paragraph may provide for
electronic distribution of election materials and electronic
tabulation of votes.
{ - (3) The candidate, or candidates if there is more than
one open position, receiving the highest number of votes in each
region for the position or positions being filled shall be
declared elected. Balloting shall be conducted in a manner than
ensures that only active members of the bar can vote and that the
secrecy of the ballots shall be preserved. - }
{ - (4) The nomination petition for a delegate from the
region composed of all areas not located in this state need only
be signed by the candidate for the position. - }
{ - (5) Notwithstanding subsection (1) of this section, an
election shall not be held for any position for which only a
single candidate has been nominated. If only a single candidate
has been nominated, the board shall declare the single candidate
elected to the position on a date specified by the board. - }
{ + (3) In a region in which only one position is to be
filled, the candidate receiving the highest vote shall be
declared elected. If a region has more than one position to be
filled, the candidate with the most votes received shall be
declared elected, the candidate with the next highest number of
votes received shall then be declared elected, and so on until
all positions are filled. The balloting shall be conducted so
that only eligible active members can vote, and the secrecy of
the ballot shall be preserved.
(4) Notwithstanding subsection (1) of this section, the board
may not conduct an election for a region if the number of
candidates for the region is equal to or less than the number of
open positions for the region. If the number of candidates for
the region is equal to or less than the number of open positions
for the region, the board shall declare the candidate or
candidates elected on a date specified by the board. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled Senate Bill 379 (SB 379-INTRO) Page 5
Passed by Senate March 3, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 26, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 379 (SB 379-INTRO) Page 6
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 379 (SB 379-INTRO) Page 7
